F2A, How does the aging out works?

[Zeeshan0321 1]

Hello everyone, My dad who's a permanent resident applied for I-130 for me. My case got approved with a DQ date of Aug 2023. I will be turning 21 this November 2023 and in Pakistan interview wait is almost 2 years. how would this affect my case or would it at all?  t

[Mike E 11,739]

When was your I-130 filed?

 

When was it approved?

[Zeeshan0321 1]

Applied in Jan 2021, cased approved March 2023

[manyfudge 285]

You will age out.  Unless by some miracle, your priority date becomes current when you are 21 + (approval date - priority date).

 

The only way to save your case is if he naturalizes before you turn 21.

Edited July 30, 2023 by manyfudge

[Zeeshan0321 1]

Since  Child Status Protection Act is applied to applies to adjustment of status applications adjudicate on or after Feb. 14, 2023, and mine was approved in March 2023.  I would be okay under this act?

 

[JeanneAdil 6,414]

46 minutes ago, Zeeshan0321 said:

Since  Child Status Protection Act is applied to applies to adjustment of status applications adjudicate on or after Feb. 14, 2023, and mine was approved in March 2023.  I would be okay under this act?

 

you are not in the US filing to adjust

[Mike E 11,739]

2 hours ago, Zeeshan0321 said:

Applied in Jan 2021, cased approved March 2023

 

2 hours ago, Zeeshan0321 said:

will be turning 21 this November 2023

So in March 2023 you were age 20y 7m

 

case took 2y 2m to approve.

 

(20, 7) - (2, 2) = cspa age of  18y 5m as of March 2023. This will be 18y 10m  in August 2023. F2A RoW final action date August 2023 visa bulletin is Oct 2017. 
 

There is faint hope this Oct 2017 date will progress significantly in the October 2023 visa bulletin which is at the beginning of FY2024. I agree with others that it is not looking good.  
 

Check back in 60 days, when the October 2023 visa bulletin comes out.

[Demise 1,263]

CSPA age is Age on the first day the priority date becomes current minus time I-130 was pending.

 

Since it was pending for 2 years 2 months you have until you're 23 years and 2 months old for the priority date to become current and then you have 1 year to file DS-260 to lock that in place. Past that point it really doesn't matter when it actually gets issued.

 

You are unlikely to age out in this case. Just stay unmarried and if you do turn 21, make sure your father doesn't naturalize until you're in US since the age at naturalization does override the CSPA age. Alternatively yeah if he's able to naturalize before you turn 21 you'd be upgraded to IR2 which don't age out at all.

 

Edited July 31, 2023 by Demise

[Mike E 11,739]

7 hours ago, Demise said:

You are unlikely to age out in this case

F2A RoW  FA date would have to move from October 2017 to March 2023 in 2 years. IOW progress at a rate of 3 months for each month of elapsed time.
 

What is the basis for your assertion?

[SteveInBostonI130 3,408]

1 hour ago, Mike E said:

F2A RoW  FA date would have to move from October 2017 to March 2023 in 2 years. IOW progress at a rate of 3 months for each month of elapsed time.
 

What is the basis for your assertion?

 

When I checked F2A was Sept 2020 for final action and Current for NVC submittal.

 

9 hours ago, Demise said:

 

Since it was pending for 2 years 2 months you have until you're 23 years and 2 months old for the priority date to become current and then you have 1 year to file DS-260 to lock that in place. Past that point it really doesn't matter when it actually gets issued.

 

 

OP is DQ'd.  He has already submitted his DS-260.

 

I am not sure how this scenario is handled.. I thought applying (submitting DS-260) locks his CSPA age under Seek-to-Acquire. 

 

However, the PD is not current for final action.

 

 

[manyfudge 285]

3 hours ago, SteveInBostonI130 said:

OP is DQ'd.  He has already submitted his DS-260.

 

I am not sure how this scenario is handled.. I thought applying (submitting DS-260) locks his CSPA age under Seek-to-Acquire

Nope, as long as his date has never once been current, there is no CSPA calculation and “seek to acquire” does not come into play.

 

DQ is irrelevant.

Filling out DS260 is irrelevant.

 

@Demise, @SteveInBostonI130F2A has gone backwards.

 

July 2023 - Sept, 2020

Aug 2023 - Oct, 2017

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-august-2023.html

Has retrogressed almost 3 years.

 

@Zeeshan0321, has your father applied to naturalize?

 

 

Edited July 31, 2023 by manyfudge

[Zeeshan0321 1]

@manyfudge  No, he's still LPR. still have 2 more years before he can naturalize. 

[manyfudge 285]

Just now, Zeeshan0321 said:

@manyfudge  No, he's still LPR. still have 2 more years before he can naturalize. 

How did he get his green card?

[Zeeshan0321 1]

1 minute ago, manyfudge said:

How did he get his green card?

Through my elder brother, he's US citizen 

[Mike E 11,739]

9 minutes ago, manyfudge said:

July 2023 - Sept, 2020

Aug 2023 - Oct, 2017

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-august-2023.html

Has retrogressed almost 3 years.

6 years actually. It was current earlier this year. 6 years of retrogress in 4 months.