What does it mean to be "preliminary" CSPA eligible?

[toaosornotto 1]

I have been found "preliminary" CSPA eligible. The message also states that this is not a final determination and that the final determination will be made at the visa interview or adjustment of status. Is it possible that if I adjust status I may not be found CSPA eligible at the end? Or am I overthinking this?

[nastra30 2,284]

6 hours ago, toaosornotto said:

I have been found "preliminary" CSPA eligible. The message also states that this is not a final determination and that the final determination will be made at the visa interview or adjustment of status. Is it possible that if I adjust status I may not be found CSPA eligible at the end? Or am I overthinking this?

Who found you to be preliminary eligible?

[toaosornotto 1]

2 hours ago, nastra30 said:

Who found you to be preliminary eligible?

NVC. My visa class was changed from F1 to IR2.

[nastra30 2,284]

6 minutes ago, toaosornotto said:

NVC. My visa class was changed from F1 to IR2.

Ok I see. It doesn't matter whether you are doing consular processing or adjustment of status, CSPA applies the same way.

[toaosornotto 1]

3 hours ago, nastra30 said:

Ok I see. It doesn't matter whether you are doing consular processing or adjustment of status, CSPA applies the same way.

But is there a reason why this is "preliminary" and not final? Or is this just legal jargon? I am just afraid if I adjust status that it may be changed back at the end and I can be out of status if it takes too long.

[nastra30 2,284]

3 hours ago, toaosornotto said:

But is there a reason why this is "preliminary" and not final? Or is this just legal jargon? I am just afraid if I adjust status that it may be changed back at the end and I can be out of status if it takes too long.

Final determination will be done at the interview.

Edited June 18 by nastra30

[jan22 3,053]

On 6/18/2024 at 12:04 PM, toaosornotto said:

But is there a reason why this is "preliminary" and not final? Or is this just legal jargon? I am just afraid if I adjust status that it may be changed back at the end and I can be out of status if it takes too long.

Why are you dealing with NVC if you are adjusting status? NVC is involved only for those applying for immigrant visas.

 

The reason NVC labeled the determination as “preliminary” is because they have no authority to make a final, legal decision in a case.  It means that they looked at the dates in your case and, to them, it appears that you benefit from the CSPA protection, but it is the interviewing officer that will make the final determination at the interview.

[toaosornotto 1]

On 6/20/2024 at 10:13 AM, jan22 said:

Why are you dealing with NVC if you are adjusting status? NVC is involved only for those applying for immigrant visas.

 

The reason NVC labeled the determination as “preliminary” is because they have no authority to make a final, legal decision in a case.  It means that they looked at the dates in your case and, to them, it appears that you benefit from the CSPA protection, but it is the interviewing officer that will make the final determination at the interview.

I received this message from NVC after I arrived in the US on a J1 visa. My immigrant visa category is now IR2 after receiving this message. Previously it was F1. Before F1, it was F2A.

Edited June 27 by toaosornotto