NVC accepted CPSA protection before priority date became current

[7www7 2]

2 hours ago, Joseliza said:

That’s exactly what happened to me. After paying fees, scanning and sending documents to CEAC website and my daughter submitted the ds-260 and scanned and sent the required supporting documents on CEAC, I received an email that it was downgraded to F2B from F2A. Send an inquiry to NVC and request for it to switch back to F2A.  Keep an eye on when your son’s priority date gets current. Once it’s current it will be approved under CSPA as long as your son’s age is under 21 yrs old biological or CSPA adjusted age. There is a website for CSPA calculator. Be persistent with calling NVC or sending them an inquiry through  NVC website. 

My sons case is different. We got the case no from nvc last tuesday and status is f24 and my sons name does not appear appear in the applicants name the only option i have is to pay the aos. I called nvc last thursday and the agent said the reason why my sons name does not appear in the applicants name because it's under review for CSPA. When i checked this morning, his name is there and i was able to pay IV fee. I was surprised that it took only 2days and didnt take 3-4weeks which is typical for cspa request.

[Joseliza 1]

3 hours ago, 7www7 said:

My sons case is different. We got the case no from nvc last tuesday and status is f24 and my sons name does not appear appear in the applicants name the only option i have is to pay the aos. I called nvc last thursday and the agent said the reason why my sons name does not appear in the applicants name because it's under review for CSPA. When i checked this morning, his name is there and i was able to pay IV fee. I was surprised that it took only 2days and didnt take 3-4weeks which is typical for cspa request.

Good for you guys! My daughter was downgraded to f2b December 2018 and her CSPA approval was July 2019. That’s really great! 

[7www7 2]

36 minutes ago, Joseliza said:

Good for you guys! My daughter was downgraded to f2b December 2018 and her CSPA approval was July 2019. That’s really great! 

Where's your daughter now? How long does medical and interview take after submitting aos & ds260? You from vegas? See you around!

[Joseliza 1]

6 minutes ago, 7www7 said:

Where's your daughter now? How long does medical and interview take after submitting aos & ds260? You from vegas? See you around!

She will be here on the 25th before Thanksgiving. I made few mistakes on submitting the right form. So from July 1st when her CSPA status was approved she didn’t get her appointment for medical and interview until Oct 24th and Nov 7th respectively. 

[Christopher Atang 0]

Hi Juniper;

I have followed with keen interest the discussion on freezing CSPA age yet the answer to my worry doesn't still come out clearly.

I am a LPR. My son has date of birth Sept 5th 1997. His case with priority March 2nd 2018 was approved on August 10th 2018 and forwarded to the NVC. After a hold period of about 9 months, the online window opened for fees and documents in May 2019. I acted promptly and submitted all fees and documents between the 13th and 20th of May 2019. About 3weeks later on June 3rd 2019 the case was changed from F22 to F24. Through ASk NVC, I appealed for CSPA on June 7th 2019 and recieved a reply that the case was under consideration for CSPA on June 25th 2019. After this I heard nothing from NVC until November 2nd 2019 when I sent a reminder through the same route. The reply came on Dec 12th 2019 telling me they are afraid my son may not qualify for the benefit. They "think the consular officer may determine at interview that he is ineligible." They advised that if I wanted to proceed I should go back and review the cspa requirements. With no other action on my part I checked online yesterday and realized yesterday Dec 26th 2019 that NVC has reverted to F22 with all fees and documents marked as accepted.

Now my wories:

1) When I use the calculator to calculate, my sons CSPA age shows 21Years, 4months and 18 days where as when I calculated in June when I made the appeal it was between 20 and 21yrs. Nate that all cases in F22 category became current as at July 1st 2019 less than 1 month after my appeal.

2) Is it possible that the NVC will revert the case to F22 even when they are not sure the applicant is eligeble for CSPA?

3) In your opinion, What can I do? write back and ask for F24 ?

I will be very happy if I get a reply soon.

Thanks

[Christopher Atang 0]

On 11/14/2018 at 3:39 PM, Juniper said:

I am writing this as new information I learned with NVC and CPSA based upon my recent CEAC electronic submission of IV Fees, Application, Affidavit of Support and related civil and financial documents.

 

By research told me the NVC would only consider calculating and applying the CSPA age (for a unmarried child under 21 years visa) after the beneficiary's priority date became current and a visa was thus available.  The big problem was that NVC was automatically looking at the "over 21 years" current visa class availability (which is many years longer) if the principal applicant's real age was over 21 years.  And if the CSPA age was "under 21 years", I read how petitioners needed to learn to petition the NVC to get NVC to do their job and calculate the CSPA age when the "under 21 years" visa class availability was current.  Several petitioners commented on getting their congressmen involved with NVC.  It appeared that the NVC would only do the CSPA age calculation when the "under 21 years" visa class availability became current, not before.

 

So my recent CEAC electronic submission story with new information about NVC and CPSA follows:

1) The USCIS approved petition was for a F2A (or F22 - unmarried child under 21 years)

2) NVC CEAC created the case with a F22 visa classification shown on the status page.

3) Paid the fees and submitted all the forms.  Right after electronic submission of the IV Application that contained the principal applicant's birth date, I noticed that the NVC CEAC status page had changed the visa classification from F22 to F24 (unmarried son/daughter over 21 years) because indeed the principal applicant is over 21 years old.

4) Even after finishing the electronic submittal of documents, I was able to add two documents that explained that the CSPA age of the principal applicant is 8 months before 21 years at that moment in time ... and that there is an extremely high probability the principal applicant's priority date will become current before 8 months from that moment in time.  I asked for CSPA protection for the principal applicant and for the NVC CEAC visa class to be changed from F24 (over 21 years) to F22 (under 21 years).  I also wrote an email with the same requests via the askNVC webpage.

5) About 5 days later, I got an email back from the askNVC staff saying that my email was being sent to the correct department for further consideration.

6) About 4 days later without receiving any notification, I checked the the NVC CEAC status page and the visa class was put back to F22 (under 21 years) and all the electronically submitted documents were marked off as "Accepted".  This included the documents that asked for CSPA protection for the principal applicant. These CSPA related documents were made part of the case documents and "Accepted"

 

The really big improvement here compared to what my research was saying about NVC and CPSA protection is that the NVC has now officially given CPSA protection to my principal applicant BEFORE the priority date has become current.  Now, we have the NVC correctly watching the F22 class visa availability (as they should be) as our principal applicant's priority date becomes current for the F22 class in a short amount of time from now.  The day the principal applicant's priority date becomes current and the principal applicant's CSPA age is under 21 years, then the principal applicant's CSPA age becomes frozen for a year as the immigration visa process continues. 

 

So if you have a CSPA situation, it appears that NVC electronic system will work for us now when asking for CPSA protection before the priority date becomes current for the "under 21 years" visa classes.

Hi Juniper;

I have followed with keen interest the discussion on freezing CSPA age yet the answer to my worry doesn't still come out clearly.

I am a LPR. My son has date of birth Sept 5th 1997. His case with priority March 2nd 2018 was approved on August 10th 2018 and forwarded to the NVC. After a hold period of about 9 months, the online window opened for fees and documents in May 2019. I acted promptly and submitted all fees and documents between the 13th and 20th of May 2019. About 3weeks later on June 3rd 2019 the case was changed from F22 to F24. Through ASk NVC, I appealed for CSPA on June 7th 2019 and recieved a reply that the case was under consideration for CSPA on June 25th 2019. After this I heard nothing from NVC until November 2nd 2019 when I sent a reminder through the same route. The reply came on Dec 12th 2019 telling me they are afraid my son may not qualify for the benefit. They "think the consular officer may determine at interview that he is ineligible." They advised that if I wanted to proceed I should go back and review the cspa requirements. With no other action on my part I checked online yesterday and realized yesterday Dec 26th 2019 that NVC has reverted to F22 with all fees and documents marked as accepted.

Now my wories:

1) When I use the calculator to calculate, my sons CSPA age shows 21Years, 4months and 18 days where as when I calculated in June when I made the appeal it was between 20 and 21yrs. Nate that all cases in F22 category became current as at July 1st 2019 less than 1 month after my appeal.

2) Is it possible that the NVC will revert the case to F22 even when they are not sure the applicant is eligeble for CSPA?

3) In your opinion, What can I do? write back and ask for F24 ?

I will be very happy if I get a reply soon.

Thanks

Edited December 27, 2019 by Christopher Atang

[Juniper 62]

19 hours ago, Christopher Atang said:

Hi Juniper;

I have followed with keen interest the discussion on freezing CSPA age yet the answer to my worry doesn't still come out clearly.

I am a LPR. My son has date of birth Sept 5th 1997. His case with priority March 2nd 2018 was approved on August 10th 2018 and forwarded to the NVC. After a hold period of about 9 months, the online window opened for fees and documents in May 2019. I acted promptly and submitted all fees and documents between the 13th and 20th of May 2019. About 3weeks later on June 3rd 2019 the case was changed from F22 to F24. Through ASk NVC, I appealed for CSPA on June 7th 2019 and recieved a reply that the case was under consideration for CSPA on June 25th 2019. After this I heard nothing from NVC until November 2nd 2019 when I sent a reminder through the same route. The reply came on Dec 12th 2019 telling me they are afraid my son may not qualify for the benefit. They "think the consular officer may determine at interview that he is ineligible." They advised that if I wanted to proceed I should go back and review the cspa requirements. With no other action on my part I checked online yesterday and realized yesterday Dec 26th 2019 that NVC has reverted to F22 with all fees and documents marked as accepted.

Now my wories:

1) When I use the calculator to calculate, my sons CSPA age shows 21Years, 4months and 18 days where as when I calculated in June when I made the appeal it was between 20 and 21yrs. Nate that all cases in F22 category became current as at July 1st 2019 less than 1 month after my appeal.

2) Is it possible that the NVC will revert the case to F22 even when they are not sure the applicant is eligeble for CSPA?

3) In your opinion, What can I do? write back and ask for F24 ?

I will be very happy if I get a reply soon.

Thanks

I checked your results and also got your son's CSPA age as 21 years, 4 months and 18 days.

 

The problem is that USCIS took only 5 months, 8 days to approve your son's I-130 petition. During that 5 month time interval, your son's CSPA age was frozen.  IF UCSIS doubled that approval time to 10 months, such that the I-130 was approved on Jan 10, 2019, then your son's CSPA age would be 20 years, 11 months and 18 days (under 21 frozen as of July 1st, 2019 for one year). 

 

1) CSPA age is only calculated based on Priority Date becoming "Current".

 

2) No they will not revert it back to F22

 

3) There is nothing you can do to get F22 visa status for your son.  On your son's Priority Date of March 2nd, 2018, his age was 20 years and 6 months.  This age as of filing your son's I-130 is way too close to an age of 21 years to expect CSPA to help for F22 visa.  Basically, your son's I-130 was filed too late to be considered for the F22 visa.

 

You have to accept your son's F24 visa timeline as a result.

 

Edited December 28, 2019 by Juniper

[Christopher Atang 0]

2 hours ago, Juniper said:

I checked your results and also got your son's CSPA age as 21 years, 4 months and 18 days.

 

The problem is that USCIS took only 5 months, 8 days to approve your son's I-130 petition. During that 5 month time interval, your son's CSPA age was frozen.  IF UCSIS doubled that approval time to 10 months, such that the I-130 was approved on Jan 10, 2019, then your son's CSPA age would be 20 years, 11 months and 18 days (under 21 frozen as of July 1st, 2019 for one year). 

 

1) CSPA age is only calculated based on Priority Date becoming "Current".

 

2) No they will not revert it back to F22

 

3) There is nothing you can do to get F22 visa status for your son.  On your son's Priority Date of March 2nd, 2018, his age was 20 years and 6 months.  This age as of filing your son's I-130 is way too close to an age of 21 years to expect CSPA to help for F22 visa.  Basically, your son's I-130 was filed too late to be considered for the F22 visa.

 

You have to accept your son's F24 visa timeline as a result.

 

Thank you Juniper for your prompt reaction.

I surely did not state in clear terms, my worry #2 above. I am sorry about that. The real issue here is that, on their website, NVC has already reverted the case status from F24 to F22, with all the fees and documents marked as accepted. This happened just about 2days ago. And so my question was, could they have made this change just because I requested for it? Can they make such a change even if they know the child doesn't qualify for cspa and that the consular officer at the interview will not give the visa? I am disturbed because should that be the case, then I will have to re-apply leading to an even longer wait time and more expenditure.

Is it possible you can throw some light. Thanks

[SusieQQQ 11,587]

55 minutes ago, Christopher Atang said:

Thank you Juniper for your prompt reaction.

I surely did not state in clear terms, my worry #2 above. I am sorry about that. The real issue here is that, on their website, NVC has already reverted the case status from F24 to F22, with all the fees and documents marked as accepted. This happened just about 2days ago. And so my question was, could they have made this change just because I requested for it? Can they make such a change even if they know the child doesn't qualify for cspa and that the consular officer at the interview will not give the visa? I am disturbed because should that be the case, then I will have to re-apply leading to an even longer wait time and more expenditure.

Is it possible you can throw some light. Thanks

Yes, they do change it back if you request it. At the same time they will caution you that you need to check the CSPA rules to see if the child does actually qualify, as you indicated they had. Be aware that NVC does NOT make the final determination on CSPA, as they already indicated to you, that decision is made by the consular officer.  I believe if you go ahead and refused, the child will keep the same priority date and the petition officially rolls into F2B. Obviously you lose the cost of the medical and interview fees though. 

 

As you already know, the child was over 21 in CSPA terms when a visa was first available. In your shoes I would request NVC to officially roll it back to F2B now. 

Edited December 28, 2019 by SusieQQQ

[Juniper 62]

3 hours ago, Christopher Atang said:

Thank you Juniper for your prompt reaction.

I surely did not state in clear terms, my worry #2 above. I am sorry about that. The real issue here is that, on their website, NVC has already reverted the case status from F24 to F22, with all the fees and documents marked as accepted. This happened just about 2days ago. And so my question was, could they have made this change just because I requested for it? Can they make such a change even if they know the child doesn't qualify for cspa and that the consular officer at the interview will not give the visa? I am disturbed because should that be the case, then I will have to re-apply leading to an even longer wait time and more expenditure.

Is it possible you can throw some light. Thanks

"This happened just about 2days ago. And so my question was, could they have made this change just because I requested for it? Can they make such a change even if they know the child doesn't qualify for cspa and that the consular officer at the interview will not give the visa?"

 

It appears that NVC changed it back to F22 and accepted all the fees based on your request ... with notice that final determination is with the consular officer at the interview.

 

You have already paid the fees for the F22 immigration visa.  You will not get that money back.  It is YOUR choice to give it a try with the consular officer at the interview.  From everything I know, there is no waiver you can get from the consular officer on this matter.  There is the highest probability of F22 visa denial with CSPA age of 21 years and 4 months.  If approved, it would be headline news we would like to hear about.

 

If F22 visa is denied, the NVC case will automatically become F24 with the same original priority date.  When F24 visa becomes available all the immigration fees will have to get paid again.

 

My opinion is to realize that F22 visa will not be possible from the consular officer.  

Edited December 29, 2019 by Juniper

[Christopher Atang 0]

28 minutes ago, Juniper said:

"This happened just about 2days ago. And so my question was, could they have made this change just because I requested for it? Can they make such a change even if they know the child doesn't qualify for cspa and that the consular officer at the interview will not give the visa?"

 

It appears that NVC changed it back to F22 and accepted all the fees based on your request ... with notice that final determination is with the consular officer at the interview.

 

You have already paid the fees for the F22 immigration visa.  You will not get that money back.  It is YOUR choice to give it a try with the consular officer at the interview.  From everything I know, there is no waiver you can get from the consular officer on this matter.  There is the highest probability of F22 visa denial with CSPA age of 21 years and 4 months.  If approved, it would be headline news we would like to hear about.

 

If F22 visa is denied, the NVC case will automatically become F24 with the same original priority date.  When F24 visa becomes available all the immigration fees will have to get paid again.

 

My opinion is to realize that F22 visa will not be possible from the consular officer.  

"If F22 visa is denied, the NVC case will automatically become F24 with the same original priority date.  When F24 visa becomes available all the immigration fees will have to get paid again."

This last statement is more consoling. If the priority date won't be lost, then I'll prefer to give it a shot.

Thanks

[Juniper 62]

22 hours ago, Christopher Atang said:

"If F22 visa is denied, the NVC case will automatically become F24 with the same original priority date.  When F24 visa becomes available all the immigration fees will have to get paid again."

This last statement is more consoling. If the priority date won't be lost, then I'll prefer to give it a shot.

Thanks

It is your choice to give it a shot at a interview.  The consular officer will do the CSPA calculation and get the same result you have gotten given that the dates you gave earlier are all the correct dates resulting in a CSPA age of: 21 years and 4 months.  The consular officer has no choice but to deny the F22 visa.  

[Juniper 62]

On 12/28/2019 at 4:22 PM, SusieQQQ said:

Yes, they do change it back if you request it. At the same time they will caution you that you need to check the CSPA rules to see if the child does actually qualify, as you indicated they had. Be aware that NVC does NOT make the final determination on CSPA, as they already indicated to you, that decision is made by the consular officer.  I believe if you go ahead and refused, the child will keep the same priority date and the petition officially rolls into F2B. Obviously you lose the cost of the medical and interview fees though. 

 

As you already know, the child was over 21 in CSPA terms when a visa was first available. In your shoes I would request NVC to officially roll it back to F2B now. 

"As you already know, the child was over 21 in CSPA terms when a visa was first available. In your shoes I would request NVC to officially roll it back to F2B now. "

 

This is the best advice.

[SusieQQQ 11,587]

23 hours ago, Christopher Atang said:

"If F22 visa is denied, the NVC case will automatically become F24 with the same original priority date.  When F24 visa becomes available all the immigration fees will have to get paid again."

This last statement is more consoling. If the priority date won't be lost, then I'll prefer to give it a shot.

Thanks

As long as you understand that it’s not a throw of the dice that you are “giving a shot” at. By law a F2A visa can only be granted to a beneficiary who was under 21 at the time the priority date became current. It might also be quite upsetting for the kid involved to think he has a chance and then get denied.

[Azzed 1]

Maybe you guys can help me here's the time table. VISA class is f24 instead of f22. My question is I read some of suggestions that i need to file ds260 before requesting to adjust CSPA. But, how can i file ds260 if fee is needed and fee option is not available?

 

Date of Birth : January 21, 1998

Priority Date: may 9, 2018

Approval Date: November 25, 2019

Received Notice of Immigration Visa Case Creation from NVC:  January 10, 2020 (NVC case number: Csb2020........, 

Invoice ID Number:

IVSCA00000xxxxxx).

 

Question :

I don’t know if i can sent inquiry/request to ask nvc to change visa class from f24 to f22.