F2A to F2B

[children03 0]

I am permanent resident in the the country. On March 3rd 2017 ( priority date as well), USCIS received the application for my 3 children. When I sent the application at that time all 3 were younger than 21 years old. Last month we receive the Notice of Approval for all three children.  My son   whose birthdate is February 4th 1997 turned 21 year old in year 2018. We contacted NVC to obtained the case number from them, at that time we were informed that my son case will take longer because his visa status changed from F2A to F2B. 

 

       We would like to appeal NVC for this decision. When we filled the paperwork at that time my  son wasn't 21 year old and also USCIS took longer time to process the application. 

[designguy 1,179]

23 minutes ago, children03 said:

I am permanent resident in the the country. On March 3rd 2017 ( priority date as well), USCIS received the application for my 3 children. When I sent the application at that time all 3 were younger than 21 years old. Last month we receive the Notice of Approval for all three children.  My son   whose birthdate is February 4th 1997 turned 21 year old in year 2018. We contacted NVC to obtained the case number from them, at that time we were informed that my son case will take longer because his visa status changed from F2A to F2B. 

 

       We would like to appeal NVC for this decision. When we filled the paperwork at that time my  son wasn't 21 year old and also USCIS took longer time to process the application. 

Did your son marry?

[children03 0]

1 hour ago, designguy said:

Did your son marry?

No he isn't marry. He is single.

[aaron2020 11,651]

1 hour ago, children03 said:

I am permanent resident in the the country. On March 3rd 2017 ( priority date as well), USCIS received the application for my 3 children. When I sent the application at that time all 3 were younger than 21 years old. Last month we receive the Notice of Approval for all three children.  My son   whose birthdate is February 4th 1997 turned 21 year old in year 2018. We contacted NVC to obtained the case number from them, at that time we were informed that my son case will take longer because his visa status changed from F2A to F2B. 

 

       We would like to appeal NVC for this decision. When we filled the paperwork at that time my  son wasn't 21 year old and also USCIS took longer time to process the application. 

Have you calculated your son's CSPA age?

 

It doesn't matter that your son wasn't 21 years old when the paperwork was filed.  The law did not freeze his age when you filed.  So, you can't appeal USCIS properly applying the law.  

 

By the way, the longer it takes USCIS to approve the I-130, the better it is for your son.  It means he gets more protection under CSPA.

Edited September 17, 2019 by aaron2020

[designguy 1,179]

Hmm based on my math of doing the CSPA calc

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

 

Approval Date - Filing Date = Pending Time

Aug 15th 2019(est as OP did not provide) - Mar 3, 2017 = 895 days

 

Age at Time of Visa Availability - Pending Time = CSPA Age

22 years 6 months 11 days (estimated again) - 895 days = 20.07 years

 

Is my math off? Based on this it would seem OPs son should qualify

[aaron2020 11,651]

10 minutes ago, designguy said:

Hmm based on my math of doing the CSPA calc

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

 

Approval Date - Filing Date = Pending Time

Aug 15th 2019(est as OP did not provide) - Mar 3, 2017 = 895 days

 

Age at Time of Visa Availability - Pending Time = CSPA Age

22 years 6 months 11 days (estimated again) - 895 days = 20.07 years

 

Is my math off? Based on this it would seem OPs son should qualify

Your math is off since you have no idea when the I-130 was approved.  You are just taking a wild guess on the approval date and saying OP's son should qualify based on that when you have no idea what's the true approval date is.

[designguy 1,179]

2 minutes ago, aaron2020 said:

Your math is off since you have no idea when the I-130 was approved.  You are just taking a wild guess on the approval date and saying OP's son should qualify based on that when you have no idea what's the true approval date is.

He said it was approved last month so I did a calculation with Aug 15th. OP can you please provide the actual approval date?

[children03 0]

Just now, designguy said:

He said it was approved last month so I did a calculation with Aug 15th. OP can you please provide the actual approval date?

August 30th we received it  but actual date on notice is august 23rd. You aren't far. 

[children03 0]

2 hours ago, children03 said:

August 30th we received it  but actual date on notice is august 23rd. You aren't far. 

Little correction. We received it July 30th approval notice and date on notice was july 23rd. 

[designguy 1,179]

8 hours ago, aaron2020 said:

Your math is off since you have no idea when the I-130 was approved.  You are just taking a wild guess on the approval date and saying OP's son should qualify based on that when you have no idea what's the true approval date is.

With the actual approval provided by OP do you think the math is still off? Maybe I have a number wrong? With my calculation there was about a 10month margin

[children03 0]

Hello everyone, 

 

 Please help me to understand this situation. We are very worried about my son. What can be done ? 

 

Thanks in advance. 

[children03 0]

Hello Everyone, 

  

          We would like to mail the documents to the NVC regarding my Son's case. Does anyone knows about the mailing address of NVC. 

 

 

[children03 0]

On 9/17/2019 at 7:33 PM, aaron2020 said:

Your math is off since you have no idea when the I-130 was approved.  You are just taking a wild guess on the approval date and saying OP's son should qualify based on that when you have no idea what's the true approval date is.

I would like to thank you for putting your effort to calculate. This was very useful. They opened the case; we paid fees and submitted the document last week. Thanks a lot again. Visajourney rocks.