Cspa at interview

[Jennilacute 12]

Goodday, I’m a derivative beneficiary covered under cspa and became current December 2019, all documents have been accepted and dq(ed) feb21st..no interview letter yet but with my calculations I would have aged out of cspa at the time of interview. is my age locked at PD being current or at interview?..will I still be able to get my visa/migrate with my dad?. F1 category. Thanks as I await your prompt responses.

priority date:15/04/2013

approval date:20/02/2015

dat of birth:21/06/1997 
F1 category.

Edited March 16, 2020 by Jennilacute

[SusieQQQ 11,586]

Your age locks when your priority date becomes current, as long as you “seek to acquire” a visa (for example by filling in a ds260) within a year of that date. The exception is if your petition is only approved after you become current, which could happen at the moment for F2A.

 

From uscis: (relevant extracts, full source at https://www.uscis.gov/greencard/child-status-protection-act )

If you are a family preference ...applicant, your CSPA age is calculated by subtracting the number of days your petition was pending (pending time) from your age on the date an immigrant visa becomes available to you (age at time of visa availability). However, you must remain unmarried in order to qualify.

The date the visa is considered available is the later of these two dates:

• The date the petition was approved; or
• The first day of the month of the Department of State Visa Bulletin that indicates that a visa is available for you in the Final Action Dates chart.

In order to benefit from CSPA as a family preference ...applicant, you must seek to acquire lawful permanent resident status within 1 year of a visa becoming available to you. This is referred to as the “sought to acquire” requirement.

 

[SusieQQQ 11,586]

Is your father the F1 beneficiary?

[Jennilacute 12]

Just now, SusieQQQ said:

Is your father the F1 beneficiary?

Yes..my mom is late

[Jennilacute 12]

2 minutes ago, SusieQQQ said:

Your age locks when your priority date becomes current, as long as you “seek to acquire” a visa (for example by filling in a ds260) within a year of that date. The exception is if your petition is only approved after you become current, which could happen at the moment for F2A.

 

From uscis: (relevant extracts, full source at https://www.uscis.gov/greencard/child-status-protection-act )

If you are a family preference ...applicant, your CSPA age is calculated by subtracting the number of days your petition was pending (pending time) from your age on the date an immigrant visa becomes available to you (age at time of visa availability). However, you must remain unmarried in order to qualify.

The date the visa is considered available is the later of these two dates:

• The date the petition was approved; or
• The first day of the month of the Department of State Visa Bulletin that indicates that a visa is available for you in the Final Action Dates chart.

In order to benefit from CSPA as a family preference ...applicant, you must seek to acquire lawful permanent resident status within 1 year of a visa becoming available to you. This is referred to as the “sought to acquire” requirement.

 

I’ve sought to acquire by filling form ds260..just awaiting interview letter. But just having these fears that maybe cspa age actually freezes at time of interview rather than PD being current.

[SusieQQQ 11,586]

1 hour ago, Jennilacute said:

I’ve sought to acquire by filling form ds260..just awaiting interview letter. But just having these fears that maybe cspa age actually freezes at time of interview rather than PD being current.

Well, i don’t know what else you expect to allay your fears if the official description isn’t enough for you?

 

 

[Jennilacute 12]

6 minutes ago, SusieQQQ said:

Well, i don’t know what else you expect to allay your fears if the official description isn’t enough for you?

 

 

Alright thanks alot..I just wanted a confirmation that irrespective of my cspa age at interview..its already locked in at time of priority date being current and I’ve sought to acquire.