F2A, How does the aging out works?

[Mike E 11,739]

4 hours ago, SteveInBostonI130 said:

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

You checked this?

 

23 hours ago, Mike E said:

August 2023 visa bulletin

 

[SalishSea 17,745]

6 minutes ago, Mike E said:

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

 

 

 

Wonder if that’s a retrogression record?  F2A was current for so long prior to that.

[manyfudge 285]

29 minutes ago, Mike E said:

 

1 hour 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.

Expand  

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

 

Then, there is hope!

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 period. 

@Mike E, does this mean that OP has one year from March 2023 to fill out his DS260 and lock in CSPA age?

 

 

@Zeeshan0321, pay attention.

Edited July 31, 2023 by manyfudge

[Mike E 11,739]

4 minutes ago, SalishSea said:

Wonder if that’s a retrogression record?  F2A was current for so long prior to that.

 

There is data published for FY 1992 and later (https://travel.state.gov/content/dam/visas/family-preference-cut-off-dates/Cut-off Dates Worldwide_Online_FY22.pdf ) 

 

Relative to October 1991, the worst year for retrogression was FY2006, going from September 1999 in July to U (unauthorized) in August and again September. 

FY2023 does look like the second worst, and the year is not over.

 

The norm is for F2A to not be current. The long  string of Cs  we saw from 2019 onward was without precedent since 1991.

[Mike E 11,739]

39 minutes ago, manyfudge said:

If a visa availability date retrogresses before the visa had been available for one full year

I do not know what that phrase means.

[manyfudge 285]

40 minutes ago, Mike E said:

do not know what that phrase means

This section is lifted from the regs.

 

I read that to mean if a petition was approved March 1, 2023 and the priority date was current for March 2023 but the priority date subsequently retrogresses for the next 12 months that if there is “seek to acquire” action, that the CSPA age is locked as of March 2023.

 

9 FAM 502.1-1(D)(7)  

https://fam.state.gov/fam/09FAM/09FAM050201.html

 

 

 

 

[Demise 1,263]

I would wait until October before panicking to see what the bulletin does for real. I can definitely imagine scenarios where USCIS and DOS issued too many in one go (keep in mind that we're still working through the bottleneck from the pandemic) and had to retrogress to stay under the statutory cap.

[manyfudge 285]

@Zeeshan0321 - have you filled out DS260 yet?

 

This is what I would do - since I read the regulations as allowing you to "lock in the date" from March 2023, when you

say your i130 F2A petition was approved AND the final action date was current for F2A:

1) Fill out and pay DS260 fees

2) hire a lawyer

 

If you don't have the DS260 form to fill out, email and/or write a letter to NVC requesting that they send a link to you as it seems

to lock in your CSCPA age if you "seek to acquire" within 12 months of March 2023 (even though F2A has retrogressed since).

 

Best of luck.

Edited August 1, 2023 by manyfudge

[Zeeshan0321 1]

On 8/1/2023 at 11:00 AM, manyfudge said:

@Zeeshan0321 - have you filled out DS260 yet?

 

This is what I would do - since I read the regulations as allowing you to "lock in the date" from March 2023, when you

say your i130 F2A petition was approved AND the final action date was current for F2A:

1) Fill out and pay DS260 fees

2) hire a lawyer

 

If you don't have the DS260 form to fill out, email and/or write a letter to NVC requesting that they send a link to you as it seems

to lock in your CSCPA age if you "seek to acquire" within 12 months of March 2023 (even though F2A has retrogressed since).

 

Best of luck.

I have filled out DS-260 and all other forms on the NVC.  From my understanding after getting Documenltaly qualified the next step is the interview. In Pakistan, there's an awful backlog at the embassy with wait time nearing 2 years, even for spouses and parents.  My concern is due to the backlog and extended waiting time I will be over 21 by the time I get my interview date. 
Just not sure if my age is locked after getting DQ or not

[manyfudge 285]

43 minutes ago, Zeeshan0321 said:

ust not sure if my age is locked after getting DQ or no

Based on the regulation I quoted - yes, not because DQ but because you filled out DS260 one year within the priority date being current.

 

Check with the lawyer and show him/her the regulations I posted.

 

It may be another 5 years.  Just keep copies of everything.

 

Your father should NOT naturalize at this point.