How to “sought to acquire” under CSPA

[Umm JZ 0]

Hello everyone, 

My mom is an LPR. She petitioned my sister (I-130) on 8/9/2021 when my sister was almost 19 years and 6 months old. Her petition was approved by USCIS and forwarded to NVC on 9/16/2024. The approval notice classifies my sister’s case under the F2B category. The priority date has already been current in the F2A category since June 2024. We received the welcome letter and logged onto CEAC to check her case status. NVC indicates that no further action can be taken now. I submitted an inquiry via askNVC about this matter and this is what I received:

Currently, this case cannot be reviewed for applicability of the Child Status Protection Act (CSPA), as there is no visa number available according to this case's priority date and visa category.

I consulted with an attorney who told me that there is nothing that we can do at this point. We need to wait for the NVC to send us an email to proceed with the application.
However, I have found a similar case to my sister’s here in the forum where a member said that they shouldn’t have waited for NVC to take action, they should have sought to acquire an immigrant benefit within 12 months.
How can we seek CSPA relief and retain benefit under the F2A category? 
How can we “sought to acquire”? 

Help please 🙏! 
 

Applicant’s DOB: 2/20/2002

Priority date: 8/9/2021

130 Approved: 9/16/2024

NVC email received: 9/30/2024

 

 

 

[appleblossom 2,816]

24 minutes ago, Umm JZ said:

I submitted an inquiry via askNVC about this matter and this is what I received:

 

What did your enquiry say? Did you specifically point out that your sister should still be F2A category and they've made an error putting her in to F2B category?

[Umm JZ 0]

This is what I sent them:

Hello, I am an LPR and I have petitioned my daughter (I-130) on 8/9/2021 when she was 19 years and 6 months old. The approval notice from USCIS classifies my daughter’s case under the F2B category. Knowing that her priority date has already been current in the F2A category a few months ago, how can I seek CSPA relief and retain benefit in the F2A category? Thank you in advance.

[appleblossom 2,816]

15 minutes ago, Umm JZ said:

This is what I sent them:

Hello, I am an LPR and I have petitioned my daughter (I-130) on 8/9/2021 when she was 19 years and 6 months old. The approval notice from USCIS classifies my daughter’s case under the F2B category. Knowing that her priority date has already been current in the F2A category a few months ago, how can I seek CSPA relief and retain benefit in the F2A category? Thank you in advance.

 

I think you need to be more specific. Tell them the I-130 has only just been approved, so she's still F2A under the CPSA and shouldn't have been moved to F2B. 

 

I'd give them the exact dates and calculations and tell them they've made an error by putting her in the F2B category. 

[Umm JZ 0]

Thank you appleblossom for your replies. I will write to them again and explain the CSPA calculation in detail. Do you recommend mailing a paper letter to NVC or using askNVC again? 

[appleblossom 2,816]

2 hours ago, Umm JZ said:

Thank you appleblossom for your replies. I will write to them again and explain the CSPA calculation in detail. Do you recommend mailing a paper letter to NVC or using askNVC again? 

 

I think I'd do both personally, and I'd call them too. From what you've said, it's clear they've made a mistake and if you have to wait for your sister's PD to become current under F2B then it'll be many more years before she can get a visa, she should be eligible for one now. So I'd be contacting them any way possible in the strongest possible terms! 

 

I just found this thread which seems to be the same situation, they got it resolved pretty quickly. I hope you do too. 

 

 

[4filamkids 11]

Same situation with my brother last 2021, you need to fight for it with NVC. Be specific on your email. Don't give up. My brother will have his interview on November already.