Need to delay NVC processing at this stage-One year contact rule

[Holdanna 8]

Hello- and thanks for taking my question. Here is the situation. My approved I-130 is currently at NVC stage. Here is the timeline:

PD-Feb 6, 2018.
Visa number available July 2019 (F2A became current per visa bulletin). <------I AM STILL NOT SURE IF JULY 2019 IS CORRECT GIVEN MY PD. NOT SURE HOW TO READ VISA BULLETIN
I-130 approved Aug 16 2019.
NVC sent me email OCT 2019 with generic: you have 1 year to respond/contact or we will terminate the processing of your visa.

SO normally, the NVC sends this email soon after after a visa number becomes available. In my case, a visa number was available last July (I think???). I need to prolong the processing of this visa as long as possible. I need for someone to tell me the law: Is the contact 1 year from visa availability (July 2019) to submit the ds-260 visa application or 1 year from the time my I-130 was approved by USCIS (Aug 2019) or 1 year from when nvc sends me a notice of visa availability which was October 2019.

Even a few months of delay will help as he will finish his college in May of 2021. It's 3 months from document submission to interview in Montreal, then he has 6 months to activate his visa, cross a POE. My timeline is tight which is why I am looking for legal ways to delay at this stage. Thanks.

[aaron2020 11,651]

One year from when the NVC contacted you.

 

Is the petitioner an LPR parent or LPR spouse?  

[Holdanna 8]

I am an LPR Petitioner parent . I ask that particular question because I read the law on FAM (SP) and it says from the time a visa becomes available. SO I'm confused...

Edited November 4, 2019 by Holdanna

[Holdanna 8]

https://fam.state.gov/fam/09FAM/09FAM050413.html

 

I re-read. I am wrong. It says when a NOTICE of visa becomes available.

[aaron2020 11,651]

1 hour ago, Holdanna said:

I am an LPR Petitioner parent . I ask that particular question because I read the law on FAM (SP) and it says from the time a visa becomes available. SO I'm confused...

How old is your son?  When's his birthday?

 

Your plan may have a huge flaw in it.  In order for your son to benefit from CSPA, he must file for a visa within one year of his PD becoming current.  

[Holdanna 8]

He just turned 18 DOB 8-22-2001. I don't think he needs CSPA protection.

[aaron2020 11,651]

Fortunately, you don't have to worry about him aging out.

 

You're in control and can easily slow this process down.  If you want to play it safe, then do the following.  1) Pay the DS-260 and I-864 fees in June 2020.  2) File the DS-260 and I-864 in October 2020 - Feb. 2021.  3) Interview for a visa in Jan 2021 - May 2021.  4) Immigrate after graduation in May 2021.  

[Holdanna 8]

That was what I was thinking. My only concern with this timeline-maybe I'm paranoid. Trump takes the house and senate in Nov 2020. In January 2021 there is a new congress and they lower the age for F2A from 21 to 18. This is very possible as I read previous legislation where they proposed to reduce the age. I am certain pending processes would go through but one never knows. That's just an added piece to that I need to consider.

[aaron2020 11,651]

1 hour ago, Holdanna said:

That was what I was thinking. My only concern with this timeline-maybe I'm paranoid. Trump takes the house and senate in Nov 2020. In January 2021 there is a new congress and they lower the age for F2A from 21 to 18. This is very possible as I read previous legislation where they proposed to reduce the age. I am certain pending processes would go through but one never knows. That's just an added piece to that I need to consider.

Your fear is unfounded.  Immigration reform can not happen without the Democrats.  Trump can screw with the current system, but he can not change it that fundamentally.  

[sharpie11 6]

On 11/3/2019 at 8:10 PM, aaron2020 said:

How old is your son?  When's his birthday?

 

Your plan may have a huge flaw in it.  In order for your son to benefit from CSPA, he must file for a visa within one year of his PD becoming current.  

This is an old thread but I am in a similar situation - isn't the CSPA age frozen at time of filing the I-130 for children of citizens? I don't think that the one year rule applies here...

[aaron2020 11,651]

2 hours ago, sharpie11 said:

This is an old thread but I am in a similar situation - isn't the CSPA age frozen at time of filing the I-130 for children of citizens? I don't think that the one year rule applies here...

CSPA freezes the age of children of citizens when the I-130 is filed if the children are Immediate Relatives with the 1 year requirement.  The requirement that CSPA benefits expires after 1 year applies.  There is no exceptions for the children of citizens. 

[sharpie11 6]

3 hours ago, aaron2020 said:

CSPA freezes the age of children of citizens when the I-130 is filed if the children are Immediate Relatives with the 1 year requirement.  The requirement that CSPA benefits expires after 1 year applies.  There is no exceptions for the children of citizens. 

I think you have a wrong understanding of the rules. Please see here . It clearly states that "sought to acquire" requirement does not apply to Immediate relatives, derivative assylees etc.

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-7

 

G. Sought to Acquire Requirement

In order for family-sponsored and employment-based preference and DV adjustment applicants to benefit from the CSPA age calculation, they must seek to acquire lawful permanent residence within 1 year of visa availability.^[35] This requirement does not apply to refugee derivatives, asylee derivatives, and IRs.^[36]

H. Summary of Child Status Protection Act Applicability

 

[Fouz 1]

On 2/12/2022 at 3:36 AM, aaron2020 said:

CSPA freezes the age of children of citizens when the I-130 is filed if the children are Immediate Relatives with the 1 year requirement.  The requirement that CSPA benefits expires after 1 year applies.  There is no exceptions for the children of citizens. 

Hello, I had a change in category from f3 to f1 on sept. 2021. The f1 category has visas available since october 2018 but I immediately filed the same month I became an F1. This is regarding the one year sought to acquire rule since he just turned 21 and i wasnt to know if CSPA will cover him. Which date will they take into consideration as the sought to acquire? Help pleasee.

Note: our file was pending for 4 years.