CSPA application and wrong visa class

[Nana Sakyi 0]

 

 

Hi everyone,

 

I’m seeking advice regarding my U.S. visa application and the potential application of the Child Status Protection Act (CSPA). Here are the details:

 

My Case:

         •       Visa Category: I applied under the F2A category (unmarried sons and daughters of lawful permanent residents). My priority date is September, 2021.

         •       Current Status: My petition was approved on September, 2024. My visa class currently shows F24 on the NVC website.

         •       Personal Info:

         •       Birthdate: May, 2001

         •       Current Age: 23 years old

         •       Concern: Given my age and the fact that my application was processed after I turned 21, I am concerned about whether CSPA applies to my case and if I might still qualify for IR2.

         •       CSPA Calculation:

         •       My petition was pending for 3 years, 19 days before approval.

         •       My biological age on the approval date (September, 2024) is 23 years, 4 months.

         •       After subtracting the pending time, my CSPA age is 20 years, 4 months—under 21.

·      My petitioner naturalized in March 2023.

·      Although my biological age as at the time my petitioner naturalized was 22, my CSPA age at the time was under 21.

         •       I wasn’t able to seek to acquire within the required 1-year period (March 2023 – March 2024) because my petition was still pending, which I believe qualifies as an extraordinary circumstance under 9 FAM 502.1-1(D)(8) Sought to Acquire LPR Status Provision.

         •       After receiving the approval, I promptly took action by paying my AOS and IV fees first week of October, and later filed my DS-260 in November 2024.

         •       Jurisdiction: My petitioner resides in the  (Second Circuit), where F2A petitions may still convert to IR2 if the CSPA age is under 21. This can be found under 9 FAM 502.1-1(D)(7)(Conversion of Petition status). For reference check https://fam.state.gov/fam/09FAM/09FAM050201.html#:~:text=9%20FAM%20502.1%2D1(D)(7)%20%C2%A0Conversionof%20Petition%20Status

         •       Issue:

         •       Despite my CSPA age being under 21, my visa class remains F24

         •       NVC has allowed me to proceed with visa processing, and I am currently documentarily qualified, awaiting an interview.

 

Questions:

         1.      Should my case qualify for IR2 under CSPA, given my age calculation and extraordinary circumstances?

         2.      What steps should I take to ensure NVC applies CSPA correctly?

         3.      Since I’m already documentarily qualified, should I let the process play out naturally or take action to correct my visa category now?

 

Any advice or similar experiences would be greatly appreciated!

[Boiler 46,509]

You are in the US on a J1?

[Nana Sakyi 0]

Nah, that was a mistake. I’m doing consular processing. I don’t have a visa yet.

[jan22 3,076]

Just a note — NVC does not have the authority to definitively decide on CSPA issues.  They may make an initial determination to allow a case to move forward to interview, but the actual, legal determination as to the application of CSPA issues resides with the consular officer at the time of interview. The officer will decide the “seek to acquire issue”, which seems the biggest issue, IMO.

[Nana Sakyi 0]

But given that my visa class is F24, I’d have to wait years for my pd to be current? Or you think I’ll still have my interview scheduled regardless and the consular officer will make the final determination?

[Nana Sakyi 0]

@jan22

[jan22 3,076]

7 minutes ago, Nana Sakyi said:

But given that my visa class is F24, I’d have to wait years for my pd to be current? Or you think I’ll still have my interview scheduled regardless and the consular officer will make the final determination?

You need to work with NVC and convince them of your argument so they move the case forward to the Embassy — may or may not work out, but you need to try.  This might be a case for lawyer involvement, as it’s a rather unusual situation for NVC (and the consular officer).