F2a cspa calculate

[Micheal98 0]

Hello in to calculate the cspa about this case 

proiorty date : 10-2018

accept I-130 : 2-2020

date of birth :6-1998

 

[SusieQQQ 11,586]

Did you submit a DS260 already? F2A has been current since sometime in 2019 so a visa was available for this case as soon as it was approved, in February 2020.  Without the exact dates it looks like the CSPA age at that date was around 20 years 4 months, but you are only protected if you “seek to acquire” a visa within one year of the date of visa being available. If you have submitted a DS260 (fulfills “seek to acquire” requirement) before last month then you are protected.
 

 

[Micheal98 0]

35 minutes ago, SusieQQQ said:

Did you submit a DS260 already? F2A has been current since sometime in 2019 so a visa was available for this case as soon as it was approved, in February 2020.  Without the exact dates it looks like the CSPA age at that date was around 20 years 4 months, but you are only protected if you “seek to acquire” a visa within one year of the date of visa being available. If you have submitted a DS260 (fulfills “seek to acquire” requirement) before last month then you are protected.
 

 

Yeah I filed it and finish all thing with NVC I wait for interview in my country 

I will face any problem with cspa after that ?

[SusieQQQ 11,586]

Your CSPA age freezes on the date a visa becomes available as long as you seek to acquire within a year of that date. So you will be fine. 

[Micheal98 0]

On 3/4/2021 at 3:09 PM, SusieQQQ said:

Your CSPA age freezes on the date a visa becomes available as long as you seek to acquire within a year of that date. So you will be fine. 

Yes sir but I have other question 

their is some people told the embassy calculate CSPA depending on age at the interview not about the time when visa bulltien become current is this saying true ?

[SusieQQQ 11,586]

44 minutes ago, Micheal98 said:

Yes sir but I have other question 

their is some people told the embassy calculate CSPA depending on age at the interview not about the time when visa bulltien become current is this saying true ?

No

 

Here is the full official description of how it is calculated from the official uscis website, I have highlighted the relevant parts in red for you. You will see they don’t mention the interview at all. 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

CSPA for Family and Employment Preference and Diversity Visa Immigrants

If you are a family preference (including VAWA), employment-based preference, or DV 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 formula for calculating CSPA age is as follows:

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

Example:

You are 21 years and 4 months old when an immigrant visa becomes available to you. Your petition was pending for 6 months. Your CSPA age is calculated as follows:

21 years and 4 months - 6 months = 20 years and 10 months

Age at Time of Visa Availability

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.

For DVs, the date a visa is considered available for CSPA purposes is the first day on which the Department of State can allocate a visa number based on the principal applicant’s rank number.

Pending Time

The length of time a petition was pending (pending time) is the number of days between the date that it is properly filed (filing date) and the approval date. The formula determining the length of time the petition was pending is as follows:

Approval Date - Filing Date = Pending Time

Example:

Your mother filed a petition for you on Feb. 1, 2016. USCIS approved the petition on Aug. 1, 2016.

Aug. 1, 2016 - Feb. 1, 2016 = 6 months

For DV derivative applicants, the number of days the petition was pending is the period of time between the start of the DV Program registration period to the date of the DV selection letter.

Example:

The DV Program registration period began on Oct. 1, 2012, and the DV Selection Letter is dated May 1, 2013.

May 1, 2013 - Oct. 1, 2012 = 7 months

Note: If an applicant has multiple approved petitions, the applicant’s CSPA age is calculated using the petition underlying the adjustment of status application.

Sought to Acquire Requirement

In order to benefit from CSPA as a family preference (including VAWA), employment-based preference, or DV 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.

You may satisfy this requirement by:

• Properly filing a Form I-485, Application to Register Permanent Residence or Adjust Status; or
• Submitting a completed Part 1 of Form DS-260, Immigrant Visa Electronic Application;
• Paying the immigrant visa fee to the Department of State;
• Paying the Affidavit of Support (Form I-864) review fee to the Department of State (provided the applicant is listed on the Affidavit of Support); or
• Having a Form I-824, Application for Action on an Approved Application or Petition, properly filed on your behalf.

If you fail to satisfy the sought to acquire requirement, USCIS may use its discretion to excuse you from this requirement if you can establish that your failure to do so was the result of extraordinary circumstances. 

 

[Micheal98 0]

5 hours ago, SusieQQQ said:

No

 

Here is the full official description of how it is calculated from the official uscis website, I have highlighted the relevant parts in red for you. You will see they don’t mention the interview at all. 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

CSPA for Family and Employment Preference and Diversity Visa Immigrants

If you are a family preference (including VAWA), employment-based preference, or DV 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 formula for calculating CSPA age is as follows:

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

Example:

You are 21 years and 4 months old when an immigrant visa becomes available to you. Your petition was pending for 6 months. Your CSPA age is calculated as follows:

21 years and 4 months - 6 months = 20 years and 10 months

Age at Time of Visa Availability

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.

For DVs, the date a visa is considered available for CSPA purposes is the first day on which the Department of State can allocate a visa number based on the principal applicant’s rank number.

Pending Time

The length of time a petition was pending (pending time) is the number of days between the date that it is properly filed (filing date) and the approval date. The formula determining the length of time the petition was pending is as follows:

Approval Date - Filing Date = Pending Time

Example:

Your mother filed a petition for you on Feb. 1, 2016. USCIS approved the petition on Aug. 1, 2016.

Aug. 1, 2016 - Feb. 1, 2016 = 6 months

For DV derivative applicants, the number of days the petition was pending is the period of time between the start of the DV Program registration period to the date of the DV selection letter.

Example:

The DV Program registration period began on Oct. 1, 2012, and the DV Selection Letter is dated May 1, 2013.

May 1, 2013 - Oct. 1, 2012 = 7 months

Note: If an applicant has multiple approved petitions, the applicant’s CSPA age is calculated using the petition underlying the adjustment of status application.

Sought to Acquire Requirement

In order to benefit from CSPA as a family preference (including VAWA), employment-based preference, or DV 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.

You may satisfy this requirement by:

• Properly filing a Form I-485, Application to Register Permanent Residence or Adjust Status; or
• Submitting a completed Part 1 of Form DS-260, Immigrant Visa Electronic Application;
• Paying the immigrant visa fee to the Department of State;
• Paying the Affidavit of Support (Form I-864) review fee to the Department of State (provided the applicant is listed on the Affidavit of Support); or
• Having a Form I-824, Application for Action on an Approved Application or Petition, properly filed on your behalf.

If you fail to satisfy the sought to acquire requirement, USCIS may use its discretion to excuse you from this requirement if you can establish that your failure to do so was the result of extraordinary circumstances. 

 

Yeah bro that’s true and I know that there is some people told that I fell afraid but maybe CSPA calculated at NVC at first and done everything their maybe you know any one done their interview and like me ?

Thanks for helping very much

[SusieQQQ 11,586]

21 minutes ago, Micheal98 said:

Yeah bro that’s true and I know that there is some people told that I fell afraid but maybe CSPA calculated at NVC at first and done everything their maybe you know any one done their interview and like me ?

Thanks for helping very much

The more likely explanation is that “some people” are confused because it is at the interview that the calculation is done (because only a consular officer can officially adjudicate it) but they do not use the interview date. Anyway, if you’d rather believe what “some people told you “ than the official documentation on how it works then that’s up to you. I’ve given you the info you need and am not going to spend any more time trying to convince you to believe the official source over “some people”.

Edited March 6, 2021 by SusieQQQ

[Micheal98 0]

5 minutes ago, SusieQQQ said:

The more likely explanation is that “some people” are confused because it is at the interview that the calculation is done (because only a consular officer can officially adjudicate it) but they do not use the interview date. Anyway, if you’d rather believe what “some people told you “ than the official documentation on how it works then that’s up to you. I’ve given you the info you need and am not going to spend any more time trying to convince you to believe the official source over “some people”.

No I truth on the law and I know I’m in the safe side by the calculated it but you sure the consular officer who calculates it not NVC ? And even My age freeze belong to me I’m under 21 by cspa ?