CSPA Calculation

[kl979 3]

Hello, I am a derivative of the F4 category (ROW) and I just want to make sure I'm calculating CSPA correctly,

A little info of my case,

 

My DOB: 09/1997, PD: 09/2006, I-797 approval notice date: 07/2009, (also our ceac case number starts with xxx2009)

The PD for our case originally became current in 8/2019 and I have completed and submitted all the required documents in 1/2020 (before the F4 retrogression that occurred in 2/2020) and received DQ in 7/2020.

 

I have a few questions as follow,

1) I have completed the "seek to acquire" requirement and I am protected under CSPA because if not, I will be aging out this July.

2) I just want to make sure that If I am protected under CSPA and recently President Biden revoked PP10014. Due to the backlog at each embassy and consulates, I will still be able to attend the visa interview with my parents if the interview was scheduled on or after July.

 

Thank you!

Edited March 6, 2021 by kl0924

[SusieQQQ 11,586]

I haven’t checked the age calculation but yes, if you sought to acquire in time your age is locked in. See the retrogression part here https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-7  specifically

 

If the applicant filed an adjustment application based on the Final Action Dates chart, and his or her CSPA age at the time of filing the application was under 21, then the applicant’s CSPA age is locked in through final adjudication of the application....If an eligible adjustment applicant filed an adjustment application but the visa availability date subsequently retrogresses, USCIS holds the application until the visa becomes available again and the application can be adjudicated.

 

(this is for adjustment applicants but the same principle applies to consulates, where you can only do final action date. I don’t have time to look for the relevant FAM section right now)

Edited March 6, 2021 by SusieQQQ

[SusieQQQ 11,586]

Update: here is the relevant section from the FAM (the manual the embassies/consulates use). Note that even if the date retrogresses before you submit documents (not your case but for others perhaps reading), as long as you fulfill seek to acquire within one year of the date it became available originally your age is still locked.

 

9 FAM 502.1-1(D)(7)  Retrogression of Application Final Action Dates

(CT:VISA-902;   07-29-2019)

 

b. If a visa availability date retrogresses before the visa had been available for one full year, any actions taken within one year of the visa becoming available and that satisfy the "sought to acquire" requirement (see 9 FAM 502.1-1(D)(6)) above will be sufficient to lock in the applicant’s CSPA age as of the first day the visa became available during this time period.  

      EXAMPLE: If a visa became available on June 1, 2015, the visa availability date retrogressed on July 1, 2015 and the applicant sought to acquire a visa on August 1, 2015 by paying IV fees, the applicant's CSPA age would be locked in as of June 1, 2015 based on seeking to acquire within one year of visa availability. The next time the visa becomes available, the consular officer would calculate the CSPA age as of June 1, 2015.