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If I aged out per DOS Cspa, should I attend the interview

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9 minutes ago, appleblossom said:


Never heard of that. Here’s all the info you need, make sure you’re using the correct dates (i.e. date visa became available - as it looks to me like you’re using the date your PD became current on the VB, which isn’t correct). And double check your calculation carefully. 

 

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-7

 

If in any doubt at all, I’d attend the interview rather than risk it personally. 

its through consular processing, the department of state. not uscis (adjusting status) so they calculate it differently :(

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11 minutes ago, LuvAmerika said:

its through consular processing, the department of state. not uscis (adjusting status) so they calculate it differently :(


I don’t think they do. And the link above doesn’t say so? Says it applies to both. 

Edited by appleblossom
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23 minutes ago, LuvAmerika said:

its through consular processing, the department of state. not uscis (adjusting status) so they calculate it differently :(

This is not correct.

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25 minutes ago, appleblossom said:


I don’t think they do. And the link above doesn’t say so? Says it applies to both. 

 

6 minutes ago, SalishSea said:

This is not correct.

Im going based off this, on the department of state website https://fam.state.gov/FAM/09FAM/09FAM050201.html#:~:text=-23-2023)-,a.,reached the age of 21. because I never adjusted status and will be going to a US embassy in Canada. I'm not sure if i mistaken, but everywhere i've read says they calculate the age differently. 

no1believeme.jpg

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Filed: K-1 Visa Country: Wales
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Adjustment is different to Consulate Processing.

 

Weird as it sounds.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
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You get more leeway for CSPA if adjusting. I did not mention it as it does not apply to you.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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1 minute ago, Boiler said:

You get more leeway for CSPA if adjusting. I did not mention it as it does not apply to you.

yeah i know. i have 2 people telling me im incorrect for some reason when ive done so much research for this & i put "per DoS guidelines" in title. i guess it really is hard to believe that they would calculate it differently 

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Filed: K-1 Visa Country: Wales
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If you ask them to explain why you are incorrect and post it here we can put together a reply for you.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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17 minutes ago, LuvAmerika said:

 

Im going based off this, on the department of state website https://fam.state.gov/FAM/09FAM/09FAM050201.html#:~:text=-23-2023)-,a.,reached the age of 21. because I never adjusted status and will be going to a US embassy in Canada. I'm not sure if i mistaken, but everywhere i've read says they calculate the age differently. 

no1believeme.jpg

Not sure why adjusting status is even brought up here, as that isn't your situation, is it? 

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2 minutes ago, SalishSea said:

Not sure why adjusting status is even brought up here, as that isn't your situation, is it? 

no, it isnt. it's being brought up because adjustment and consular processing CSPA age are calculated differently. For consular processing, they use CHART A (FInal action date) The day your priority date becomes current. For adjustment, they use CHART B (Filing date). 

Unless I'm completely wrong about everything I've read on this topic? 

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Filed: K-1 Visa Country: Wales
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8 minutes ago, LuvAmerika said:

i feel like the photo i posted explains everything perfectly. im just so stressed out and i feel bad that my mom has to deal with the stress of leaving her daughter behind 

 

Well that is her call. Her choice.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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31 minutes ago, LuvAmerika said:

 

Im going based off this, on the department of state website https://fam.state.gov/FAM/09FAM/09FAM050201.html#:~:text=-23-2023)-,a.,reached the age of 21. because I never adjusted status and will be going to a US embassy in Canada. I'm not sure if i mistaken, but everywhere i've read says they calculate the age differently. 

no1believeme.jpg


I thought they’d changed it last year. But as above, if you’ve got any doubt I’d go to the interview just in case. 
 

If not, then you’ll need to look at other visa options, or wait until you can get a GC via your parent. 

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1 minute ago, appleblossom said:


I thought they’d changed it last year. But as above, if you’ve got any doubt I’d go to the interview just in case. 
 

If not, then you’ll need to look at other visa options, or wait until you can get a GC via your parent. 

 

9 minutes ago, Boiler said:

 

Well that is her call. Her choice.

is it even worth consulting a lawyer for this before the interview? i mean ive clearly aged out based off dates and calculations, but my mom keeps insisting its up to the visa officers discretion (its not, i think shes just in a state of denial) 

 

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