CSPA success. (9+ year wait)

[amurikuh 2]

Visa Category: F25 (unmarried children of f24/f2b) 

Location: Canada

Date of birth: 12/13/1997

Priority date: 11/10/2015

Approval date: 10/22/2020

Visa became current: 03/01/2024

Age when visa became available: 26 years, 2 months 18 days

Vissa issued: October 18th 2024. 

I want to start this off by saying to take everything off forums like this and reddit with a grain of salt. PLEASE. For months I was convinced I was not going to receive a US Immigrant visa based off not being eligible through CSPA. For months all I would do was research cspa and how to calculate my adjusted age properly through consular processing(which is calculated differently than adjustment of status)  My calculated CSPA age was over 21 by a few months. I was worried sick and depressed. I was so stressed out that I wouldn't be able to immigrate with my mom and that this whole 9 year process (and all the money) was for absolutely nothing. My name was on the interview letter, which should have been the main indicator that everything was going to be okay...Until it wasn't. I started reading in to it too much. I read that a lot of people (usually from india, pakistan etc) would be listed on the interview letter, they would pay for the medical exam(which was over 400 dollars in my case) and then end up being denied due to illegibility. I was planning on not even attending the interview because based off everything I read i wouldn't even get it, so what was the point. Thankfully I changed my mind and ended up going. 

 

Fast-forward to my interview. July 22, 2024. The consular officer told me I'll be getting my visa and not to worry. I was so convinced I wasnt going to get it from all of the stuff that I read online, the conversations I had with others on forums like these, that I was still in denial even after him reassuring me 3 times.

We were placed in AP for almost 3 months while waiting for my mothers sputum tests to be sent along with her medical exam to the embassy. Which was a whole other mess (6 week sputum tests for TB is unreal. they also make it IMPOSSIBLE  to get the documents from the chest doctor to the approved physician with the IV medical file, to the embassy, you have to take it into your own hands. We would probably STILL be waiting if we didn't hound them to do theirj job.) The wait of it all just made it so much worse.

The visa was issued October 18th 2024 for me and my mother. Even when the CEAC checker switched to "ISSUED" I still didnt believe it. I had to have it in my hands.

I've been in America as a LPR for 2 weeks now. Everything worked out fine and all of the stress and tears were for absolutely nothing. 

Moral of the story: 

Each embassy works differently. No matter what anyone says on here. 🤷‍♀️

 

[appleblossom 2,816]

Congrats! But it’s not that consulates work differently. They all follow the law, they don’t have any discrepancy over it. 
 

You simply calculated your adjusted age incorrectly. It’s no longer different for those applying via consular processing rather than AOS, they both use the same date now (a change brought in last year). The date a visa became available to you was way before 03/01/24. https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-7#S-F-4
 

Prior to the policy change you wouldn’t have been eligible for a visa, but thanks to that, you were. 
 

Glad it all worked out for you, good luck with the move. 

[amurikuh 2]

I didn't calculate anything wrong lol. They still dont calculate it the same way. AOS calculates it using filing chart. 

AS PER THE DOS website, updated 11-06-2024(over a year after the USCIS AOS calculation change)  for family cases: CSPA AGE IS DETERMINED ON THE DATE THAT THE VISA BECAME AVAILABLE I.E THE DATE ON WHICH THE PRIORITY DATE BECAME CURRENT IN THE FINAL ACTION DATES CHART

My visa only became available in the final action chart on 03/01/2024, and then we received an interview letter 3 months later. 

Edited November 14 by amurikuh

[appleblossom 2,816]

16 hours ago, amurikuh said:

I didn't calculate anything wrong lol. They still dont calculate it the same way. AOS calculates it using filing chart. 

AS PER THE DOS website, updated 11-06-2024(over a year after the USCIS AOS calculation change)  for family cases: CSPA AGE IS DETERMINED ON THE DATE THAT THE VISA BECAME AVAILABLE I.E THE DATE ON WHICH THE PRIORITY DATE BECAME CURRENT IN THE FINAL ACTION DATES CHART

My visa only became available in the final action chart on 03/01/2024, and then we received an interview letter 3 months later. 

 

The DOS website isn't relevant, as it was a policy change, not a law change. 

Edited November 15 by appleblossom

[appleblossom 2,816]

Here you go, this sets it out in fairly clear 'layman's' speak - https://bizlegalservices.com/2023/02/17/recently-revised-cspa-policy-impact-on-consular-processing-cases/

 

HTH.