CSPA Current PD but I-130 not approved

[Confused1125 0]

Hi All,

 

I hope you can help me. My father, a permanent resident, petitioned me on Oct 1. 2016 (NOA1 receipt date). I checked the Visa bulletin, and my visa application is now current. I am now 21 years old and will turn 22 on March 14. However, my I-130 is still not approved. I don't know what to do next. I'm scared that if I don't seek to acquire permanent resident status, I might lose my CSPA protection.

 

Any advice would be helpful.

Thank you!

 

[geowrian 22,338]

You should still be covered. The seek to acquire requirement in this case will be based on when the petition is approved. You have one year from approval at that point to seek to acquire the visa.

 

https://www.uscis.gov/greencard/child-status-protection-act

The child must “seek to acquire” permanent residence within 1 year of a visa becoming available. USCIS interprets “seek to acquire” as having a Form I-824, Application for Action on an Approved Application or Petition, filed on the child’s behalf or the filing of a Form I-485, Application to Register Permanent Residence or Adjust Status, or submit Form DS-230, Application for Immigrant Visa and Alien Registration from the Department of State. The date of visa availability means the first day of the first month a visa in the appropriate category was listed as available in the Department of State’s visa bulletin or the date the visa petition was approved, whichever is later.

[Confused1125 0]

Hi, thanks for replying! What can My father or I do right now? Just wait for for i-130 approval?

[geowrian 22,338]

14 minutes ago, Confused1125 said:

Hi, thanks for replying! What can My father or I do right now? Just wait for for i-130 approval?

It is a waiting game.

 

If the PD is outside normal processing timelines, he can put in a service request to try to see why it's taking so long.

https://egov.uscis.gov/cris/processTimesDisplayInit.do

[Confused1125 0]

 

6 minutes ago, geowrian said:

It is a waiting game.

 

If the PD is outside normal processing timelines, he can put in a service request to try to see why it's taking so long.

https://egov.uscis.gov/cris/processTimesDisplayInit.do

Hi,

 

I am right in assuming that this is the PD that are current and that visas are currently available right?

 

https://www.uscis.gov/visabulletin-feb-18

 

thank you so much!!!

[geowrian 22,338]

23 minutes ago, Confused1125 said:

I am right in assuming that this is the PD that are current and that visas are currently available right?

 

https://www.uscis.gov/visabulletin-feb-18

Are you inside the US? If so, then you can that chart starting February 1st to file an I-485 for AOS.

If you're not in the US, then you have to interview abroad for a visa instead.  That goes by the final action dates as shown on the visa bulletin: https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html

Edited January 21, 2018 by geowrian

[Hassan Jadoon 10]

Its good sign if your I130 is still not approved....u will be cover in CSPA

[geowrian 22,338]

24 minutes ago, Hassan Jadoon said:

Its good sign if your I130 is still not approved....u will be cover in CSPA

Yes....up to the point when the PD becomes current. Then it's just an extra wait.

[chuonglinh 5]

I130 is still not approved after 1 year? that's interesting. I assume max waiting time for current i130 is 6 months.

 

I don't think the info below is correct. Either you are in or outside the U.S, you can start filing I485 for AOS. The only difference is the timeline, USCIS will take care of your process when you are in the US, versus NVC will cover it while you stay outside the us and so the process may take longer.

Final Action dates is when both USCIS and NVC starts on your case for the interview process.

 

On 1/21/2018 at 2:30 AM, geowrian said:

Are you inside the US? If so, then you can that chart starting February 1st to file an I-485 for AOS.

If you're not in the US, then you have to interview abroad for a visa instead.  That goes by the final action dates as shown on the visa bulletin: https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html

 

[chuonglinh 5]

Apology for the incorrect answer above. @geowrian is 100% correct. you can file i-485 for AOS while you are in the US. I was confused with the timeline. Either you are in or outside the US, the final action date is the date when USCIS/ NVC starts schedule you for an interview.

[Confused1125 0]

On January 21, 2018 at 1:30 AM, geowrian said:

Are you inside the US? If so, then you can that chart starting February 1st to file an I-485 for AOS.

If you're not in the US, then you have to interview abroad for a visa instead.  That goes by the final action dates as shown on the visa bulletin: https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html

Thank you for your previous help.

 

Now, my I-130 has been approved, however, I don't think I understand fully the priority dates. I live outside the Philippines so I need to use the final action dates? However, I also read this statement on the website under the dates of filing chart:

 

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS. 

 

 

I checked it out and saw this:

 

If USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on this page that you may use the Dates for Filing Visa Applications chart. Otherwise, we will indicate on this page that you must use the Application Final Action Dates chart to determine when you may file your adjustment of status application.

We anticipate designating one of the two charts each month and linking to the relevant chart below within one week of DOS’ publication of the Visa Bulletin.

 

Current Month’s Adjustment of Status Filing Charts

For Family-Sponsored Filings:
You must use the Dates for Filing chart in the Department of State Visa Bulletin for March 2018.

For Employment-Based Preference Filings:
You must use the Final Action Dates chart in the Department of State Visa Bulletin for March 2018.

 

Do you this my application is not current?

 

Thank you for your assistance.

 

[geowrian 22,338]

The chart you noted is for filing AOS within the US. USCIS adjudicates AOS applications. You can apply for AOS using the first chart (Dates For Filing), but they won't schedule the interview until at least after the PD becomes current (Dates for Filing chart).

 

The Department of State (DOS) handles visas. Visas will use go the Final Action Dates chart before NVC will process the application.

 

You have still not stated if you are (legally) inside the US at this very moment. This determines if you can do AOS or if you need to go through consular processing for a visa abroad.

Edited March 19, 2018 by geowrian

[Confused1125 0]

3 hours ago, geowrian said:

The chart you noted is for filing AOS within the US. USCIS adjudicates AOS applications. You can apply for AOS using the first chart (Dates For Filing), but they won't schedule the interview until at least after the PD becomes current (Dates for Filing chart).

 

The Department of State (DOS) handles visas. Visas will use go the Final Action Dates chart before NVC will process the application.

 

You have still not stated if you are (legally) inside the US at this very moment. This determines if you can do AOS or if you need to go through consular processing for a visa abroad.

I live in the Philippines. I wrote it wrong in my previous post. So my PD is still not current. I think I'm gonna age out. 😕Thank you for your help.