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Help with CPSA Age Out Calculation for F2A Family Preference

By ultrasoul in Bringing Family Members of Permanent Residents to America

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ultrasoul Explorer

ultrasoul   51

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Filed: Citizen (apr) Country: Malaysia
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Happy New Year fellow VJers.

 

Given the huge IV processing backlog at many posts, I'm concerned that my in law's F2A petition for their minor child will be at risk of age out given that the F2A benficiary turns 21 years of age on June 2023. 

 

Even being DQ'ed more than a year ago (Nov 2020) and F2A being current since Apr 2020, I'm not optimistic given the posts have deprioritized family preference IV's and will most likely have to submit an NVC expedite with the USEM procesing post 120 days before the benficiary turns 20 years of age on June 2022.

 

Can a fellow VJ'er or our resident expert @SusieQQQ help to validate that my understanding that CPSA will only protect beneficiary's F2A status for only 61 days (time between I-130 approval date and I-130 priority date) after the F2A beneficiary turns 21 years of age given that F2A has been technically "Current" back in Apr 2020 before I-130 was even filed?

 

Cheers!

 

D.O.B: June 6, 2002 (beneficiary will turn 21 on June 2023)

I-130 Priority Date: July 29, 2020

I-130 Approval Date: September 28, 2020

NVC Receive Date/ NVC Case Number Generated: October 1, 2020

NVC DQ'ed Date: November 21, 2020

I-130 JOURNEY FOR 2020 Minor Child of LPR (F2A Online Application, MNL Consular Processing)

07/29/20 Online Filing for I-130, Same day Priority date 
07/31/20 Paper NOA1 mailed by USCIS, received on 08/03/20

07/31/20, 08/15/20, 09/01,20 Expedite Requests denied three times (self-submission and congressman outreach)

09/28/20: I-130 Approved by USCIS, received mailed NOA2 on 10/01/20

10/01/20: NVC electronically receives I-130 petition from USCIS, generates NVC case & invoice number, paid all NVC fees same day

10/05/19: CEAC ready for document uploads

TBD: Waiting for NBI Police Clearance to complete all upload of NVC docs

 

I-130 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application, MNL Consular Processing)

01/18/19 NOA1 I-130 (Priority Date)

08/02/19 Called USCIS to expedite I-130 after 196 days pending,  emailed expedite evidence 08/06/1,  expedite approved 08/09/19

08/13/19: I-130 Approved by USCIS, USCIS sent petition file to NVC 08/29/19 

09/09/19: NVC receives I-130 petition from USCIS, generates case & invoice number on 10/03/19 (paid all NVC fees same day)

10/07/19: CEAC ready for document uploads (AOS and IV documents uploaded to CEAC same day)

11/25/19: NVC Case Complete, NVC emails interview schedules interview on 12/18/19 for 01/06/20

01/06/20: IR-5 Interview in Manila Philippines embassy (MNL); forgot original signed I-864 resulted in 221G, USEM receives original signed I-864 via 2GO courier on 02/04/20
3/4/20: Immigrant Visa Issued by USEM, 2GO carrier picked up passport from USEM 3/6/20 and delivers to residence on 3/10/20

6/10/20: US POE

6/13/20: SSN card mailed date by SSA, delivered to residence on 6/18/20

7/3/20: LPR Green Card ordered, Production on 7/24/20, Mailed by USCIS on 7/27/20, delivered to residence on 7/29/20

 

I-130/ I-485 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application)

01/18/19: NOA1 Received I-130 (priority date, was not concurrently filed with I-485 as we were not sure if we were going to CP or AOS)

06/19/19: USPS receives I-485 package to lockbox (priority date); 06/24/19: Credit card charged ,  USCIS mails out NOA1 06/25/19 with receipt numbers (assigned to MSC National Benefits center),  Received NOA1 from USPS (07/02/19:)

07/05/19:  USCIS mailsout biometrics appointment notice with appointment date for 07/24/19, Received biometrics notice letter from USPS 07/11/19
07/12/19: Walk-in biometrics completed

07/18/19: Called USCIS to expedite EAD, Received mailed USCIS instructions on where to fax expedite evidence from USPS 07/26/19 , Faxed requested evidence for EAD expedite  07/27/19
07/31/19: USCIS approves EAD I-765 and Advanced Parole I-131, USCIS mails out combo EAD/ AP card 08/02/19, Received combo EAD/ AP card via USPS Priority Mail 08/07/19

08/08/19: I-485 Case is Ready to Be Scheduled for An Interview
08/26/19: I-130 Approved (NOA2) by USCIS

12/10/19: FO sends out I-485 interview appointment details for 01/28/20 interview date 

02/06/20: I-485 case approved and NOA2 mailed
02/05/20: Green card ordered, Production and mailed 02/10/20, delivered to residence on 02/12/20

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SalishSea Grand Master

SalishSea   17,833

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
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7 minutes ago, ultrasoul said:

Happy New Year fellow VJers.

 

Given the huge IV processing backlog at many posts, I'm concerned that my in law's F2A petition for their minor child will be at risk of age out given that the F2A benficiary turns 21 years of age on June 2023. 

 

Even being DQ'ed more than a year ago (Nov 2020) and F2A being current since Apr 2020, I'm not optimistic given the posts have deprioritized family preference IV's and will most likely have to submit an NVC expedite with the USEM procesing post 120 days before the benficiary turns 20 years of age on June 2022.

 

Can a fellow VJ'er or our resident expert @SusieQQQ help to validate that my understanding that CPSA will only protect beneficiary's F2A status for only 61 days (time between I-130 approval date and I-130 priority date) after the F2A beneficiary turns 21 years of age given that F2A has been technically "Current" back in Apr 2020 before I-130 was even filed?

 

Cheers!

 

D.O.B: June 6, 2002 (beneficiary will turn 21 on June 2023)

I-130 Priority Date: July 29, 2020

I-130 Approval Date: September 28, 2020

NVC Receive Date/ NVC Case Number Generated: October 1, 2020

NVC DQ'ed Date: November 21, 2020

SusieQQQ has not been on VJ for two months.

 

Perhaps @aaron2020 or someone else will help here.

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Boiler Grand Master

Boiler   45,522

Posted
Filed: K-1 Visa Country: Wales
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Posted

I would not expect it to be an issue but no way of knowing 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Posted

The child's CSPA age is locked in at under 21 because his PD is current and he has filed an DS-260 seeking an immigrant benefit.

The F2a category is current, even if a final PD date is established in the Visa Bulletin and his PD is no longer current, it doesn't matter.  Once his CSPA age is locked, it's locked forever for the purpose of that petition.  

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ultrasoul Explorer

ultrasoul   51

Posted
Filed: Citizen (apr) Country: Malaysia
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Posted

@aaron2020 many thanks for the helpful info.

 

Your answer seems to be consistent with the reply from @arken on a similar thread 4 months ago in the event that F2A continues to be current until IV issuance.

 

If I read the other thread correctly, it looks like @arken is stating that if F2A no longer is current when the beneficiary turns 21 (in our case June 2023) then CPSA will have to come into play (meaning the child's age might still face age-out issues)?

 

I-130 JOURNEY FOR 2020 Minor Child of LPR (F2A Online Application, MNL Consular Processing)

07/29/20 Online Filing for I-130, Same day Priority date 
07/31/20 Paper NOA1 mailed by USCIS, received on 08/03/20

07/31/20, 08/15/20, 09/01,20 Expedite Requests denied three times (self-submission and congressman outreach)

09/28/20: I-130 Approved by USCIS, received mailed NOA2 on 10/01/20

10/01/20: NVC electronically receives I-130 petition from USCIS, generates NVC case & invoice number, paid all NVC fees same day

10/05/19: CEAC ready for document uploads

TBD: Waiting for NBI Police Clearance to complete all upload of NVC docs

 

I-130 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application, MNL Consular Processing)

01/18/19 NOA1 I-130 (Priority Date)

08/02/19 Called USCIS to expedite I-130 after 196 days pending,  emailed expedite evidence 08/06/1,  expedite approved 08/09/19

08/13/19: I-130 Approved by USCIS, USCIS sent petition file to NVC 08/29/19 

09/09/19: NVC receives I-130 petition from USCIS, generates case & invoice number on 10/03/19 (paid all NVC fees same day)

10/07/19: CEAC ready for document uploads (AOS and IV documents uploaded to CEAC same day)

11/25/19: NVC Case Complete, NVC emails interview schedules interview on 12/18/19 for 01/06/20

01/06/20: IR-5 Interview in Manila Philippines embassy (MNL); forgot original signed I-864 resulted in 221G, USEM receives original signed I-864 via 2GO courier on 02/04/20
3/4/20: Immigrant Visa Issued by USEM, 2GO carrier picked up passport from USEM 3/6/20 and delivers to residence on 3/10/20

6/10/20: US POE

6/13/20: SSN card mailed date by SSA, delivered to residence on 6/18/20

7/3/20: LPR Green Card ordered, Production on 7/24/20, Mailed by USCIS on 7/27/20, delivered to residence on 7/29/20

 

I-130/ I-485 JOURNEY FOR 2019 Parent of USC (IR-5 Paper Application)

01/18/19: NOA1 Received I-130 (priority date, was not concurrently filed with I-485 as we were not sure if we were going to CP or AOS)

06/19/19: USPS receives I-485 package to lockbox (priority date); 06/24/19: Credit card charged ,  USCIS mails out NOA1 06/25/19 with receipt numbers (assigned to MSC National Benefits center),  Received NOA1 from USPS (07/02/19:)

07/05/19:  USCIS mailsout biometrics appointment notice with appointment date for 07/24/19, Received biometrics notice letter from USPS 07/11/19
07/12/19: Walk-in biometrics completed

07/18/19: Called USCIS to expedite EAD, Received mailed USCIS instructions on where to fax expedite evidence from USPS 07/26/19 , Faxed requested evidence for EAD expedite  07/27/19
07/31/19: USCIS approves EAD I-765 and Advanced Parole I-131, USCIS mails out combo EAD/ AP card 08/02/19, Received combo EAD/ AP card via USPS Priority Mail 08/07/19

08/08/19: I-485 Case is Ready to Be Scheduled for An Interview
08/26/19: I-130 Approved (NOA2) by USCIS

12/10/19: FO sends out I-485 interview appointment details for 01/28/20 interview date 

02/06/20: I-485 case approved and NOA2 mailed
02/05/20: Green card ordered, Production and mailed 02/10/20, delivered to residence on 02/12/20

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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted
1 hour ago, ultrasoul said:

@aaron2020 many thanks for the helpful info.

 

Your answer seems to be consistent with the reply from @arken on a similar thread 4 months ago in the event that F2A continues to be current until IV issuance.

 

If I read the other thread correctly, it looks like @arken is stating that if F2A no longer is current when the beneficiary turns 21 (in our case June 2023) then CPSA will have to come into play (meaning the child's age might still face age-out issues)?

 

Not sure what the doubt is, the child you are talking about is under 21 years old, PD is already current, i130 approved and already seeking visa. So the age of under 21 is already locked no matter when the interview occurs.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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