F2A Aging Out

[Bere 25]

Hi! If anyone can please help with the CSPA calculations. 
 

DOB: 9th March 2003

Priority date: 18th January 2021

approval date: 27th September 2022

[Mike E 11,739]

Cspa DOB is

 

3/9/2003 + ( 9/27/2022 - 1/18/2021 )

 

= 3/9/2003 + 617

 

= 11/15/2004

 

On 9/27/2002, the F2A was current on both charts. Did the beneficiary seek a visa?

 

 

 

 

[Bere 25]

6 hours ago, Mike E said:

Cspa DOB is

 

3/9/2003 + ( 9/27/2022 - 1/18/2021 )

 

= 3/9/2003 + 617

 

= 11/15/2004

 

On 9/27/2002, the F2A was current on both charts. Did the beneficiary seek a visa?

 

 

 

 

Hi sorry I'm confused. Does that mean if they filed a ds260?

[Mike E 11,739]

2 minutes ago, Bere said:

Hi sorry I'm confused. Does that mean if they filed a ds260?

DS-260 is at least one way to have sought a visa. Filing the affidavit of support is another.

[Bere 25]

2 minutes ago, Mike E said:

DS-260 is at least one way to have sought a visa. Filing the affidavit of support is another.

Yes. Both the DS260 and affidavit of support was filled out and submitted. Her case is DQ'ed and she is waiting for a visa interview. 

[Mike E 11,739]

1 minute ago, Bere said:

Both the DS260 and affidavit of support was filled out and submitted.

When?

[Bere 25]

15 minutes ago, Mike E said:

When?

On December 14th, 2022. She is the child of the beneficiary. The petitioner is her mother's spouse.  

[Mike E 11,739]

1 minute ago, Bere said:

On December 14th, 2022. She is the child of the beneficiary. The petitioner is her mother's spouse.  

Since F2A was still current on December 14, 2022 and since the beneficiary sought to acquire the visa within 1 year of it being available, my understanding is   legally she cannot age out, even though F2A has a 9 year wait now.

 

See https://www.palacioslawfirm.com/practical-guide-child-status-protection-act-cspa-part-3/ to see if your interpretation matches mine.

 

“Legally” does not mean DoS will not try to age her put or push her to F2B. DoS does act illegally at times. In polite company we say “makes a mistake some times”.