HELP! I-130 still pending but I am now over 21!

[Meeks24 1]

my mother filed her petition for me as an unmarried child under 21, F2A. I'm wondering if there is someone who can clarify CSPA for me in this case. I am still waiting for my I-130 to be approved. My mom filed her petition when I was 20 years old and 5 months. I am now 21 years old and a month old but still waiting for my NOA2. Is there any chance CSPA can protect me? please shed some light for me.

[geowrian 22,338]

You should qualify for CSPA fine, but that just means they use your CSPA-adjusted age for determining if you are 21. Basically, from the time your mother filed the I-130 through whenever it is approved is deducted from your real age. Then the I-130 goes to  NVC for processing, then the embassy where you apply for the visa. Your CSPA-adjusted age must be under 21 at the time the visa is issued.

 

Based on what you've said, you have about 7 months after the I-130 is approved to complete the process. This is certainly possible, but it's cutting it close IMHO. You may want to reach out to NVC once the I-130 is approved to see if they can expedite the case so that you will not age out. Aging out isn't listed as a cause for expedite on the USCIS website, but I have seen others say they did so and had some luck.

 

CSPA age calculator: http://www.***removed***/immigrant-visa/cspa-calculator/

NOTE: There's a reason why it says "removed" in the link above (very questionable immigration advice), but AFAIK the calculator works fine. If others have better suggestions, please post.

 

Good luck.

Edited August 5, 2017 by geowrian

[Meeks24 1]

@geowrian thank you for your response. May I ask why I have 7 months after my I-130 gets approved?

[geowrian 22,338]

3 minutes ago, Meeks24 said:

@geowrian thank you for your response. May I ask why I have 7 months after my I-130 gets approved?

Sure. You said "My mom filed her petition when I was 20 years old and 5 months". As such, you had ~7 months until you turned 21.

Edited August 5, 2017 by geowrian

[Meeks24 1]

@geowrian So that only gives me 7 months to complete the whole process, I see.. This is really cutting it close, and I'm hoping I make it through..

[geowrian 22,338]

5 minutes ago, Meeks24 said:

@geowrian So that only gives me 7 months to complete the whole process, I see.. This is really cutting it close, and I'm hoping I make it through..

It's 7 months once the I-130 is approved, but yes...not a lot of time. NVC + embassy generally takes at least a few months or longer. So I suggest requesting an expedite once it's at NVC...that may be your best bet. The other thing is USEM is pretty fast.

[Meeks24 1]

@geowrian Okay, thank you! I still do have to wait for my PD to be current for an interview right?

Edited August 5, 2017 by Meeks24

[geowrian 22,338]

3 minutes ago, Meeks24 said:

@geowrian Okay, thank you! I still do have to wait for my PD to be current for an interview right?

Yes you do... Oh my...that makes me think you aren't going to fit in the timeline. The time for a PD to be current in F2A is about 18 months. Unless the I-130 is pending for most of that (unlikely), I think you won't fit in the timeline.

Edited August 5, 2017 by geowrian

[Meeks24 1]

@geowrian Actually, the secretary of a US Senator in KS, which is our friend, called USCIS for us 2 days ago and USCIS told her that since I am now 21 and over, they will process my petition base on my age at the moment, which puts me in F2B processing times for I-130. My mom panicked and cried a lot, but I told her that I think this is a good thing, since the longer I have to wait for my NOA2 the better, Right?

Edited August 5, 2017 by Meeks24

[geowrian 22,338]

2 minutes ago, Meeks24 said:

@geowrian Actually, the secretary of a US Senator in KS, which is our friend, called USCIS for us 2 days ago and USCIS told her that since I am now 21 and over, they will process my petition base on my age at the moment, which puts me in F2B processing times for I-130. My mom panicked and cried a lot, but I told her that I think this is a good thing, since the longer I have to wait for my NOA2 the better, Right?

I'm not sure why they only used your current age because everything you stated indicates that you fall under CSPA to not count the time while the I-130 is pending. See: https://www.uscis.gov/greencard/child-status-protection-act

"CSPA allows the time a visa petition was pending to be subtracted from the beneficiary’s biological age at the time of visa availability so that the applicant is not penalized for the time in which USCIS did not adjudicate the petition."

 

Yes, the longer the I-130 is pending, the more time you can subtract from your real age to get your CSPA age. But an I-130 pending for close to 18 months is not commonplace nowadays.

[Meeks24 1]

@geowrian I've been reading that USCIS doesn't apply CSPA while processing my petition, instead they look at the child's current age, and USCIS does not notify you when they bump you down a category. In this case I do have to notify NVC to prove that CSPA applies in my case?

[geowrian 22,338]

Just now, Meeks24 said:

@geowrian I've been reading that USCIS doesn't apply CSPA while processing my petition, instead they look at the child's current age, and USCIS does not notify you when they bump you down a category. In this case I do have to notify NVC to prove that CSPA applies in my case?

I've seen instances where you have to contact NVC to get them to recognize the correct (CSPA) age to use. Yes, you would reach out to NVC when the petition reaches them.

[Meeks24 1]

@geowrian Okay! thank you for helping me get this clarified! I will update once something happens.

[geowrian 22,338]

2 minutes ago, Meeks24 said:

@geowrian Okay! thank you for helping me get this clarified! I will update once something happens.

Please do. Thanks!

[ConOfficer 167]

I think you're going to age out of the F2A category and fall into F2B as the adult child of an LPR. You still have to wait for your priority date to become current and by that time you will be 24 or 25. 

 

CSPA doesn't provide the same kind of protection for the children of LPRs as it does for the children of AmCits.