CSPA using Date for Filing Chart?

[sdh0601 1]

7 hours ago, Valerix121 said:

Hey guys !!! I have really bad news ! They denied the visa and change me to F2b so it would take 8-10 years for me to get an interview again. They also cancelled my tourist visa ( even tho it was still valid for another 5 years)!. They said that since I had a immigrant petition denied, I can't have the visa. 😔 so it was a double penalty for me, even though I did nothing wrong but to follow the NVC timeline

 

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Valerix, to qualify for CSPA, you would have to take action to change your status. For example, if you were in the U.S., you would have to summit I-485 when you were allowed to do so. Your priority date was open under date for filling on June 2016, but USCIS did not allow for date for filling that time. However, your priority date was open on October 2016, but assuming you were not in the U.S, and did not take any action to make intent to immigrate to U.S. within a year, you opted out of CSPA automatically.

 

Since you were outside of U.S., you had to summit DS-260 in your country. You cannot just wait for interview because your priority date was not open on Final Action Date. If you did make action, then your age could have frozen, but I assume you did not.

 

[Gianfranco 1]

Hi all 

I follow this topic with a lot of interest since my parents (LPR) will be filling for my sister (19 years 7 month old) currently living in the US with a F1 student visa.

 

It seems clear by Valerix121 comment that they made her age out (practically on porpouse) which is sadly unfair.

 

However the original thread posted by sdh0601 should be a little different since he is already inside the US. When his PD becomes current with the Date for Filing chart his AOS form falls into pending status once more. And so he should be safe and CSPA should protect him since his CSPA age is under 21 for just a few months...

Can anyone confirm/disagree?

Also sdh0601 if you can provide any updates in your case it will be greatly appreciated.

 

 

[Hassan Jadoon 10]

Hi my date of birth is 01feb1997

I130 applied 04May 2016

=       approved 14Oct 2016

M still eligible in f2A category plzzz tell me and what's in this pic I didn't understand 

[chuonglinh 5]

On 11/25/2017 at 3:04 AM, Gianfranco said:

Hi all 

I follow this topic with a lot of interest since my parents (LPR) will be filling for my sister (19 years 7 month old) currently living in the US with a F1 student visa.

 

It seems clear by Valerix121 comment that they made her age out (practically on porpouse) which is sadly unfair.

 

However the original thread posted by sdh0601 should be a little different since he is already inside the US. When his PD becomes current with the Date for Filing chart his AOS form falls into pending status once more. And so he should be safe and CSPA should protect him since his CSPA age is under 21 for just a few months...

Can anyone confirm/disagree?

Also sdh0601 if you can provide any updates in your case it will be greatly appreciated.

 

 

Hi Gianfranco,

As i know, there is no difference on how CSPA will be applied between filing inside or outside US. There are some advantages of filing i-485 (in US) when your PD is available under Chart B (Date for Filing) such as Travel Doc (leave the US), Working Permit and USCIS will process your application faster compare to NVC ( when your visa become available).

 

If you want to know more about your sister case, please provide us her DOB, PD date, I130 submitted date and I130 approved date. 

 

[chuonglinh 5]

On 11/25/2017 at 3:42 PM, Hassan Jadoon said:

Hi my date of birth is 01feb1997

I130 applied 04May 2016

=       approved 14Oct 2016

M still eligible in f2A category plzzz tell me and what's in this pic I didn't understand 

You can't use any CSPA calculation since your visa is not yet become available.

[Gianfranco 1]

Hi chuonglinh thank you for your reply

Yep you are probably right.

This will probably mean that because waiting times are roughly 2 years and processing times roughly 4 months the real safe age to apply for sons and daughters of LPR is roughly before a year and 8  months ahead of the 21st birthday

[Gianfranco 1]

On 11/22/2017 at 7:43 PM, sdh0601 said:

Valerix, to qualify for CSPA, you would have to take action to change your status. For example, if you were in the U.S., you would have to summit I-485 when you were allowed to do so. Your priority date was open under date for filling on June 2016, but USCIS did not allow for date for filling that time. However, your priority date was open on October 2016, but assuming you were not in the U.S, and did not take any action to make intent to immigrate to U.S. within a year, you opted out of CSPA automatically.

 

Since you were outside of U.S., you had to summit DS-260 in your country. You cannot just wait for interview because your priority date was not open on Final Action Date. If you did make action, then your age could have frozen, but I assume you did not.

 

Hi sdh0601

Does this worked for you? Filing the I-485?

[sdh0601 1]

5 hours ago, Gianfranco said:

Hi sdh0601

Does this worked for you? Filing the I-485?

Hi Gianfranco,

 

yes, I did fill out I-485 on October 2017 and summited to USCIS. To update how mine is going, I did biometrics a few days ago and I'm still waiting for next step. Fortunately for me, my priority date was open on Oct 2017 and USCIS did allow for filling date, so I could file I-485 in October.

 

Make sure to follow the visa bulletin and USCIS's announcement on what chart they will be using for a corresponding month.

 

Hope your calculation works as well, and I will keep you updated.

[Bogdan Voloshchuk 0]

hi, are you sure that your F2A age is locked and you are protected under CSPA if you filed I-485 when you PD is opened on chart B - Dates for Filing ? Do you have some resources you can share on this? 

 

I am in the same situation, and even tho I have filed I-485 when my PD was opened for filing on chart B - Dates for Filing, it is not available on Chart A final Action Date and I already passed 21 years old. So unless I prove that my age should be locked under chart B - Dates for Filing and that I took action by filing I-485, i will be transferred into F2B category. Thank you! 

[Bogdan Voloshchuk 0]

On 11/28/2017 at 3:58 PM, sdh0601 said:

Hi Gianfranco,

 

yes, I did fill out I-485 on October 2017 and summited to USCIS. To update how mine is going, I did biometrics a few days ago and I'm still waiting for next step. Fortunately for me, my priority date was open on Oct 2017 and USCIS did allow for filling date, so I could file I-485 in October.

 

Make sure to follow the visa bulletin and USCIS's announcement on what chart they will be using for a corresponding month.

 

Hope your calculation works as well, and I will keep you updated.

hi, are you sure that your F2A age is locked and you are protected under CSPA if you filed I-485 when you PD is opened on chart B - Dates for Filing ? Do you have some resources you can share on this? 

 

I am in the same situation, and even tho I have filed I-485 when my PD was opened for filing on chart B - Dates for Filing, it is not available on Chart A final Action Date and I already passed 21 years old. So unless I prove that my age should be locked under chart B - Dates for Filing and that I took action by filing I-485, i will be transferred into F2B category. Thank you! 

[Gianfranco 1]

On 11/28/2017 at 3:58 PM, sdh0601 said:

Hi Gianfranco,

 

yes, I did fill out I-485 on October 2017 and summited to USCIS. To update how mine is going, I did biometrics a few days ago and I'm still waiting for next step. Fortunately for me, my priority date was open on Oct 2017 and USCIS did allow for filling date, so I could file I-485 in October.

 

Make sure to follow the visa bulletin and USCIS's announcement on what chart they will be using for a corresponding month.

 

Hope your calculation works as well, and I will keep you updated.

So My parents Finally were able to file for my sister. Her Birth Date is 05/23/1998 that makes her 19 years and 9 months old now. 

Her Priority date is 01/23/2018 and as expected we are still waiting the approval date. Meanwhile like sdh01 and probably Bogdan Voloshchuk she is in the territory with a student Visa. I guess, we will have to wait and see if filing I-485, when her turn comes, is the ultimate age-locker of the process... if not she will be switched to f2b. I understand The Date-for-filing-final-action-date laws came rather recently (sep 2015) so there is a first generation of people who are running this experiment...

sdh01 If you have any updates on your process we will greatly appreciate it, since you are the only person I can find so far who has attempted this (except for Bogdan Voloshchuk now)

 

hope the best for you two...

 

[Peter nasr 0]

On 11/23/2017 at 2:43 AM, sdh0601 said:

Valerix, to qualify for CSPA, you would have to take action to change your status. For example, if you were in the U.S., you would have to summit I-485 when you were allowed to do so. Your priority date was open under date for filling on June 2016, but USCIS did not allow for date for filling that time. However, your priority date was open on October 2016, but assuming you were not in the U.S, and did not take any action to make intent to immigrate to U.S. within a year, you opted out of CSPA automatically.

 

Since you were outside of U.S., you had to summit DS-260 in your country. You cannot just wait for interview because your priority date was not open on Final Action Date. If you did make action, then your age could have frozen, but I assume you did not.

 

Hey bro 

are u sure about they calculate by chart b ( dates for filing ) !? If i submit ds 260 on dates for filing my age will freeze or not !?

i heard that too but i’m not sure .. if you have any information about this don’t forget and tell us your update of your case

[sdh0601 1]

On 2/23/2018 at 9:51 PM, Bogdan Voloshchuk said:

hi, are you sure that your F2A age is locked and you are protected under CSPA if you filed I-485 when you PD is opened on chart B - Dates for Filing ? Do you have some resources you can share on this? 

 

I am in the same situation, and even tho I have filed I-485 when my PD was opened for filing on chart B - Dates for Filing, it is not available on Chart A final Action Date and I already passed 21 years old. So unless I prove that my age should be locked under chart B - Dates for Filing and that I took action by filing I-485, i will be transferred into F2B category. Thank you! 

Hi, thank you for sharing your experience.

 

I was over 21 years old when I filed I-485. I and my lawyer assumed that USCIS calculated my age based on the date for filling date. Otherwise my application would have been sent back. This is what I know so far. My and other lawyers that I had met advised me that if you file I-485 on the month USCIS allows you to do so, and if they used CHART B (which they did for our cases), they should calculate your age based on the CHART THEY USE and your age shall be frozen since the filling I-485 is the action of adjusting status. 

 

However, it is totally different story for you, since you have to prove that your age should be locked under chart B. I highly recommend that you try to fight out the decision with a lawyer.

 

I haven't heard any news from USCIS yet, I will probably end up with same situation as yours, but let's hope the best.

 

 

 

[Bogdan Voloshchuk 0]

On 3/2/2018 at 3:47 AM, sdh0601 said:

Hi, thank you for sharing your experience.

 

I was over 21 years old when I filed I-485. I and my lawyer assumed that USCIS calculated my age based on the date for filling date. Otherwise my application would have been sent back. This is what I know so far. My and other lawyers that I had met advised me that if you file I-485 on the month USCIS allows you to do so, and if they used CHART B (which they did for our cases), they should calculate your age based on the CHART THEY USE and your age shall be frozen since the filling I-485 is the action of adjusting status. 

 

However, it is totally different story for you, since you have to prove that your age should be locked under chart B. I highly recommend that you try to fight out the decision with a lawyer.

 

I haven't heard any news from USCIS yet, I will probably end up with same situation as yours, but let's hope the best.

 

 

 

We are actually in the same situation. I also filed 485 when I was already 21, but since my priority date according to chard B was current, and uscis indicated that we can use chart B for filing, lawyers that I consulted with told me that age would be frozen. 

I passed the interview and after 10 month I receive a denial because of aging out, and the denial is based on their calculation of CSPA using chart A.

I am trying to find a catch that I can show that when we filed I485 there was nothing on USCIS page regarding usage of Chart A to calculate the age. Now it is actually there on the website that they use Chart A. If anyone have a printout from USCIS from 2015 or 16 or 17 where it does now specify using chart A it would really help us fighting this. 

 

can we also get in touch of Facebook, I would really like to hear back from you on your decision. https://www.facebook.com

[sdh0601 1]

11 hours ago, Bogdan Voloshchuk said:

We are actually in the same situation. I also filed 485 when I was already 21, but since my priority date according to chard B was current, and uscis indicated that we can use chart B for filing, lawyers that I consulted with told me that age would be frozen. 

I passed the interview and after 10 month I receive a denial because of aging out, and the denial is based on their calculation of CSPA using chart A.

I am trying to find a catch that I can show that when we filed I485 there was nothing on USCIS page regarding usage of Chart A to calculate the age. Now it is actually there on the website that they use Chart A. If anyone have a printout from USCIS from 2015 or 16 or 17 where it does now specify using chart A it would really help us fighting this. 

 

can we also get in touch of Facebook, I would really like to hear back from you on your decision. https://www.facebook.com

Where do they indicate that they use Chart A? on Visa bulletin?

 

Then it is most likely that they would deny my case in the end as well. 

 

Anyways, I don't have Facebook but if you give me an email I will send you a message.

 

It' is completely terrifying that you have to fight your case. I hope you best of luck.