Waiting for interview, Under CSPA

[4filamkids 11]

Hi Guys,

 

I have few questions to you guys that have knowledge on CSPA eligibility. My mother petitioned (LPR) my brother who was 19 at that time (November 25, 2019 was his Priority Date). He got approved June 22, 2021 when he exactly turned 21 years old and 3 weeks. USCIS already turned his case in to F2B (which it will take longer for him to migrate 9-10 years my guess), I asked you guys what to do about it, and followed your adv to contact NVC, because he is eligible for CSPA, so we did. They accepted our request, and they moved him again to F2A (which is under 21 case). We paid all the necessary fees and submitted all the documents needed and he got Documentarily Qualified May 4, of 2022. Since all the backlog during Pandemic until now he's still waiting for the interview letter. My questions are, the visa bulletin for April on his Case is September 2020, will it affect his case? Is he protected by CSPA still? Is there a possibility that he get turn to F2B? How the interviewer calculates is age and his case? We just need to know what we are looking forward to. I will put his timeline below.

 

Birthdate: May 31, 2000

Priority Date : November 25, 2019

Approval Date : June 22, 2021

Documentarily Qualitfied Date : May 5, 2022

 

Thank you so much in advance.

 

 

 

 

Edited April 12, 2023 by 4filamkids

[Mike E 11,739]

40 minutes ago, 4filamkids said:

Birthdate: May 31, 2000

Priority Date : November 25, 2019

Approval Date : June 22, 2021

Documentarily Qualitfied Date : May 5, 2022

 

 

1 hour ago, 4filamkids said:

Is he protected by CSPA still?

My understanding from https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa  is yes.

 

His age at the time the visa was available was tentatively 21 years and 22 days.

 

The June 2021 visa bulletin says that for a November 2019 filing, F2A was unambiguously current and so his visa was available on the day I-130 was approved.

 

So his age at the time his visa was available was definitely 21 years and 22 days.

His CSPA age is 21y22d - pending time. If pending time is 23 days or more then his CSPA age is less than 21.

 

His pending time is the difference between 

 

Priority Date : November 25, 2019

 

and

 

I-130 Approval Date : June 22, 2021

 

I do not need a date calculator to see that the pending time exceeds 23 days.

 

Legally, his CSPA age is locked in at under age 21, and so legally F2A is locked in. 
 

1 hour ago, 4filamkids said:

Is there a possibility that he get turn to F2B?

I have seen some of such cases get switched to F2B at the time of  or after the interview is finally scheduled. I do not believe it makes any difference at that point.

 

[SteveInBostonI130 3,434]

His PD is before the April bulletin date, so he is covered on that end (Nov 2019 is before Sept 2020).

 

He just needs to wait for his interview.

[4filamkids 11]

33 minutes ago, Mike E said:

 

 

My understanding from https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa  is yes.

 

His age at the time the visa was available was tentatively 21 years and 22 days.

 

The June 2021 visa bulletin says that for a November 2019 filing, F2A was unambiguously current and so his visa was available on the day I-130 was approved.

 

So his age at the time his visa was available was definitely 21 years and 22 days.

His CSPA age is 21y22d - pending time. If pending time is 23 days or more then his CSPA age is less than 21.

 

His pending time is the difference between 

 

Priority Date : November 25, 2019

 

and

 

I-130 Approval Date : June 22, 2021

 

I do not need a date calculator to see that the pending time exceeds 23 days.

 

Legally, his CSPA age is locked in at under age 21, and so legally F2A is locked in. 
 

I have seen some of such cases get switched to F2B at the time of  or after the interview is finally scheduled. I do not believe it makes any difference at that point.

 

Mike, 

 

Thank you for your responses, hoping that they go through with F2A but if they switch it to F2B we will just go with it. I appreciate your answers to my questions.

 

Thanks,  

27 minutes ago, SteveInBostonI130 said:

His PD is before the April bulletin date, so he is covered on that end (Nov 2019 is before Sept 2020).

 

He just needs to wait for his interview.

Hopefully, they still approve him on F2A!

[Chancy 6,241]

2 hours ago, 4filamkids said:

hoping that they go through with F2A but if they switch it to F2B we will just go with it.

 

You do not have to "just go with it" if the case gets mistakenly switched to F2B.  CSPA is law, and based on what that law says, your brother's CSPA age is already frozen at below 21 years old at the time he submitted his DS-260 form.  (Refer to the section on "Sought to Acquire Requirement" on the CSPA page linked by @Mike E.)  The consulate must follow the law, but the consulate staff are people too, so they can make mistakes.  If that happens, just politely explain in an email why the case should remain F2A.