Accompany of principal applicant

[Loven 0]

Visa class: F31
Priority date: Dec 2002

Hi all,

 

I am one of the accompanist of the primary applicant, my mom. When our petition was filed in Dec 2002 I was still a minor. We just received a letter and email that it was approved after 19yrs of waiting.
As per NVC we have to pay AOS fees but my grandmother, the petitioner is hesitant to include my AOS fee because I'm no longer a minor (27y/o). I still see my name listed as "accompany"

Question: Will NVC eventually remove my name as accompany because I'm out aged? or should we consider paying the fees and proceed with the process? We just want to save money, time and effort before doing anything. 
Please help. Thanks!

[Chancy 6,243]

17 minutes ago, Loven said:

When our petition was filed in Dec 2002 I was still a minor. We just received a letter and email that it was approved after 19yrs of waiting.

 

Are you sure that's the petition approval notice?  Ask your grandmother if the letter you got is the I-797 Notice of Approval.  It should come from USCIS, not NVC.  If not, ask your grandmother for your actual petition approval date listed on the I-797.  That's critical to determining whether you aged out or not.

 

[Loven 0]

19 minutes ago, Chancy said:

 

Are you sure that's the petition approval notice?  Ask your grandmother if the letter you got is the I-797 Notice of Approval.  It should come from USCIS, not NVC.  If not, ask your grandmother for your actual petition approval date listed on the I-797.  That's critical to determining whether you aged out or not.

 

"After applicants submits an immigration petition, your application is sent to the National Visa Center (NVC). However, it’s important to note that your application is forwarded to the NVC only after the USCIS approves the petition. After the NVC receives the petition from the USCIS, the agency assigns a case number."

We do have a case number and the email that my mom received from NVC states "Thank you for your interest in immigrating to the United States of America. The Department of State's National Visa Center (NVC) received your approved immigrant visa petition from U.S. Citizenship and Immigration Services (USCIS). "

[SusieQQQ 11,587]

To be able to calculate if you will qualify under CSPA we need your birthdate and the i797 approval date of the petition. If you are 27 you will need at least 6 years between petition date and approval date to be protected under CSPA - in fact it will be more as the priority date is not quite current yet - but at least we can calculate if you have already aged out, or not.

 

 

Edited July 3, 2021 by SusieQQQ

[Chancy 6,243]

7 minutes ago, Loven said:

We do have a case number and the email that my mom received from NVC

 

That's not it.  The petition approval letter would be clearly labeled: "Notice Type: Approval Notice".  The letter text would start with something like, "The above petition has been approved".  The Notice Date on that letter would be the petition approval date.  Ask your petitioner what that date is on the letter they received from USCIS.

 

[Loven 0]

2 minutes ago, Chancy said:

 

That's not it.  The petition approval letter would be clearly labeled: "Notice Type: Approval Notice".  The letter text would start with something like, "The above petition has been approved".  The Notice Date on that letter would be the petition approval date.  Ask your petitioner what that date is on the letter they received from USCIS.

 

ok ill ask my grandmother about this. Thank you

[Loven 0]

12 minutes ago, SusieQQQ said:

To be able to calculate if you will qualify under CSPA we need your birthdate and the i797 approval date of the petition. If you are 27 you will need at least 6 years between petition date and approval date to be protected under CSPA - in fact it will be more as the priority date is not quite current yet - but at least we can calculate if you have already aged out, or not.

 

 

ill check with my grandma, the petitioner about I-797 Notice of Approval. My birthday is June 2. ill get back on you

[Loven 0]

22 hours ago, Loven said:

ok ill ask my grandmother about this. Thank you

 

22 hours ago, Chancy said:

 

That's not it.  The petition approval letter would be clearly labeled: "Notice Type: Approval Notice".  The letter text would start with something like, "The above petition has been approved".  The Notice Date on that letter would be the petition approval date.  Ask your petitioner what that date is on the letter they received from USCIS.

 

my grandma cant find the form from USCIS but based on the case number from NVC, our petition was approved in 2009

[SusieQQQ 11,587]

Just now, Loven said:

 

my grandma cant find the form from USCIS but based on the case number from NVC, our petition was approved in 2009

Ok so, you may or may not qualify… you need to find out exact dates. With a petition in Dec 2002, and an unknown approval date sometime in 2009, you could have anywhere from around 6 years (Jan 2009) to 7 years (Dec2009) protection. As you are 27 (and how much?), and given that there is still a few months probably till your priority date is current according to the visa bulletin, the approximate dates you have put you right in the borderline zone… you might be protected or you might age out. You need exact dates to calculate it.: the exact dates of priorty date, approval date and birth date.

[Loven 0]

On 7/3/2021 at 10:47 AM, SusieQQQ said:

To be able to calculate if you will qualify under CSPA we need your birthdate and the i797 approval date of the petition. If you are 27 you will need at least 6 years between petition date and approval date to be protected under CSPA - in fact it will be more as the priority date is not quite current yet - but at least we can calculate if you have already aged out, or not.

 

 

which chart should i check in visa bulletin to check if our priority date is current? 

A.  FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES or B.  DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS ???

[SusieQQQ 11,587]

3 hours ago, Loven said:

which chart should i check in visa bulletin to check if our priority date is current? 

A.  FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES or B.  DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS ???

Table A. (Table B is only the date for filing paperwork.)

Edited July 6, 2021 by SusieQQQ

[arken 4,197]

As said, get the exact dates of i130 PD and approval date for cspa age. Your grandmother's concern is legit. You could end up paying the non refundable fee just to see your name removed later on.

[SusieQQQ 11,587]

25 minutes ago, arken said:

As said, get the exact dates of i130 PD and approval date for cspa age. Your grandmother's concern is legit. You could end up paying the non refundable fee just to see your name removed later on.

Alternatively grandma could end up leaving them off when they actually qualify for a visa. They really need to get the right information to make the right decision. 

[arken 4,197]

22 minutes ago, SusieQQQ said:

Alternatively grandma could end up leaving them off when they actually qualify for a visa. They really need to get the right information to make the right decision. 

Agreed.