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!