CSPA Law and NVC Changing My Priority Date and Category

[fpm899 0]

Background: My mother who is a permanent resident filled for me when i was under the age of 21 (it was exactly two days before I turned 21). I know that was cutting it a little close but my mother's petition still got approved and my priority date was set before I turned 21, i.e. two days before I turned 21. I thought that the CSPA Law froze my priority date before I turned 21 which would make me fall under the F2A category. Well this is where the problem starts. I called the NVC center to ask them a questions and they told me that based on their calculation they moved me to the F3 category. They never mailed me anything saying that they had done that so all of this was based on one phone call with the NVC. I thought that only the U.S. Citizenship and Immigration Services (USCIS) had the right to change my priority date and/or my which category I fall under based on their current rules and guidelines. Shouldn't the CSPA Law protect me and have my priority date be frozen to when my mother filled her petition to me? I got the approved petition letter which has my priority date being the day the paper work was mailed, i.e. BEFORE I WAS 21. The person from the NVC to who I spoke to said that based on how they compute things they had moved me from the F2A category to the F3 category. My approved petition says that my priority date in on Dec. of 2010 and the person in the NVC said that visas became available on Dec. 2011 but due to how they calculate things I fell being over 21 thus they moved me to the F3 category. Shouldn't my priority date on my approved petition from the USCIS which is two before I turned 21 and the CSPA Law keep me on the F2A category? How can the NVC just change my priority date and/or my which category i fall under? Once again I found this out all based on a phone call; the NVC never mailed me anything saying that they had changed my category from F2A to F3. Thank you for any and all advice anyone can give me. PS I am currently already in the US with a student visa but i was already offered a job because I graduated already but my opt only has two more months so I will be heading back to school so I stay legal.

[superpotsky 13]

Your priority date will never change. But your category can change because you are now over 21. If your category change your waiting will be longer.

My brother and sister was petitioned when they are 18 and 20 years old. My father who petitioned them was LPR back then and when he got his US citizenship, my borther and sister's category was automatically moved from F2B to F1. ... Recently my brother request an OPT-OUT letter to the US EMBASSY MANILA stating that he would want to retain his original F2B category because in the Philippines F2B is faster than F1. He was covered by CSPA Law and his request was approved.

Background: My mother who is a permanent resident filled for me when i was under the age of 21 (it was exactly two days before I turned 21). I know that was cutting it a little close but my mother's petition still got approved and my priority date was set before I turned 21, i.e. two days before I turned 21. I thought that the CSPA Law froze my priority date before I turned 21 which would make me fall under the F2A category. Well this is where the problem starts. I called the NVC center to ask them a questions and they told me that based on their calculation they moved me to the F3 category. They never mailed me anything saying that they had done that so all of this was based on one phone call with the NVC. I thought that only the U.S. Citizenship and Immigration Services (USCIS) had the right to change my priority date and/or my which category I fall under based on their current rules and guidelines. Shouldn't the CSPA Law protect me and have my priority date be frozen to when my mother filled her petition to me? I got the approved petition letter which has my priority date being the day the paper work was mailed, i.e. BEFORE I WAS 21. The person from the NVC to who I spoke to said that based on how they compute things they had moved me from the F2A category to the F3 category. My approved petition says that my priority date in on Dec. of 2010 and the person in the NVC said that visas became available on Dec. 2011 but due to how they calculate things I fell being over 21 thus they moved me to the F3 category. Shouldn't my priority date on my approved petition from the USCIS which is two before I turned 21 and the CSPA Law keep me on the F2A category? How can the NVC just change my priority date and/or my which category i fall under? Once again I found this out all based on a phone call; the NVC never mailed me anything saying that they had changed my category from F2A to F3. Thank you for any and all advice anyone can give me. PS I am currently already in the US with a student visa but i was already offered a job because I graduated already but my opt only has two more months so I will be heading back to school so I stay legal.

[NigeriaorBust 4,087]

You are confused because your mother is an LPR not a USC. Filing date doesn't lock class for the you because your mom is an LPR. What CPSA does it lets you subtract USCIS's decision time from your current age to try to keep you in the other class. If USCIS took a year from filing date to approval date you could still be considered under 21 until an extra year had passed. It sounds like that approved quickly so you don't get enough CPSA set back to cover your current age. It is up to you to do that math. They will contact you when you become current in your current status ( over 21 son of LPR)

[JimVaPhuong 4,863]

Background: My mother who is a permanent resident filled for me when i was under the age of 21 (it was exactly two days before I turned 21). I know that was cutting it a little close but my mother's petition still got approved and my priority date was set before I turned 21, i.e. two days before I turned 21. I thought that the CSPA Law froze my priority date before I turned 21 which would make me fall under the F2A category. Well this is where the problem starts. I called the NVC center to ask them a questions and they told me that based on their calculation they moved me to the F3 category. They never mailed me anything saying that they had done that so all of this was based on one phone call with the NVC. I thought that only the U.S. Citizenship and Immigration Services (USCIS) had the right to change my priority date and/or my which category I fall under based on their current rules and guidelines. Shouldn't the CSPA Law protect me and have my priority date be frozen to when my mother filled her petition to me? I got the approved petition letter which has my priority date being the day the paper work was mailed, i.e. BEFORE I WAS 21. The person from the NVC to who I spoke to said that based on how they compute things they had moved me from the F2A category to the F3 category. My approved petition says that my priority date in on Dec. of 2010 and the person in the NVC said that visas became available on Dec. 2011 but due to how they calculate things I fell being over 21 thus they moved me to the F3 category. Shouldn't my priority date on my approved petition from the USCIS which is two before I turned 21 and the CSPA Law keep me on the F2A category? How can the NVC just change my priority date and/or my which category i fall under? Once again I found this out all based on a phone call; the NVC never mailed me anything saying that they had changed my category from F2A to F3. Thank you for any and all advice anyone can give me. PS I am currently already in the US with a student visa but i was already offered a job because I graduated already but my opt only has two more months so I will be heading back to school so I stay legal.

I think you're confused.

F2A is the spouse or minor unmarried child of a permanent resident. F3 is the married adult son or daughter of a US citizen. You wouldn't convert to F3 unless your mother became a US citizen and you married AFTER that. I suspect you actually converted to F2B - adult unmarried son or daughter of a permanent resident.

Family preference visa beneficiaries do not "lock" their age until their priority date is current and they seek to acquire a visa. This usually means submitting the DS-230 visa application. Only immediate relatives of US citizens have their age locked when the petition is accepted and a priority date is assigned. Even if you were still in the F2A category, your priority date would not be current yet, so there's no way your age could be locked for CSPA purposes.

Your CSPA age is calculated on the date that your priority date becomes current. Your CSPA age is your calendar age minus the time between when USCIS accepted the petition (the priority date) and the time the petition was approved. In other words, you get to subtract the time USCIS spent sitting on the petition. You don't get to subtract time spent waiting for your priority date to become current. Since your petition was accepted by USCIS only two days before your 21st birthday there is zero chance you didn't age out, and convert to F2B. You've got at least about 6 years before your priority date will become current. Add a month or two if you're from the Philippines. Add 12 years if you're from Mexico.

[aaron2020 11,651]

Background: My mother who is a permanent resident filled for me when i was under the age of 21 (it was exactly two days before I turned 21). I know that was cutting it a little close but my mother's petition still got approved and my priority date was set before I turned 21, i.e. two days before I turned 21. I thought that the CSPA Law froze my priority date before I turned 21 which would make me fall under the F2A category. Well this is where the problem starts. I called the NVC center to ask them a questions and they told me that based on their calculation they moved me to the F3 category. They never mailed me anything saying that they had done that so all of this was based on one phone call with the NVC. I thought that only the U.S. Citizenship and Immigration Services (USCIS) had the right to change my priority date and/or my which category I fall under based on their current rules and guidelines. Shouldn't the CSPA Law protect me and have my priority date be frozen to when my mother filled her petition to me? I got the approved petition letter which has my priority date being the day the paper work was mailed, i.e. BEFORE I WAS 21. The person from the NVC to who I spoke to said that based on how they compute things they had moved me from the F2A category to the F3 category. My approved petition says that my priority date in on Dec. of 2010 and the person in the NVC said that visas became available on Dec. 2011 but due to how they calculate things I fell being over 21 thus they moved me to the F3 category. Shouldn't my priority date on my approved petition from the USCIS which is two before I turned 21 and the CSPA Law keep me on the F2A category? How can the NVC just change my priority date and/or my which category i fall under? Once again I found this out all based on a phone call; the NVC never mailed me anything saying that they had changed my category from F2A to F3. Thank you for any and all advice anyone can give me. PS I am currently already in the US with a student visa but i was already offered a job because I graduated already but my opt only has two more months so I will be heading back to school so I stay legal.

You are confused.

CSPA will not help you. CSPA does not freeze your age when your mother filed. It only works that way in Immediate Relative cases. Your case is not for an Immediate Relative. Your case is a family preference case (F1, F2a, F2b, F3, & F4). In a family preference case, your CSPA age freeze on the day that your Priority Date becomes current. Essentially, the time it takes USCIS to approve the petition is not counted against you. Because your mom filed 2 days before your 21st birthday, you have only two days of CSPA protection after USCIS approve the petition. Since the NVC has your case for more than 2 days after the I-130 was approved and your PD has not become current in the F2a category, your CSPA age will be over 21. You will not benefit from CSPA.

Additionally, an F2a ages out into the F2b. There is no mechanism that would allow you to move directly from F2a to F3. The only way to correctly move from F2a to F3 is if 1) LPR parent becomes US citizen (F2a to F2b), and 2) child marries afterwards (F2b to F3).

[JimVaPhuong 4,863]

Additionally, an F2a ages out into the F2b. There is no mechanism that would allow you to move directly from F2a to F3. The only way to correctly move from F2a to F3 is if 1) LPR parent becomes US citizen (F2a to F2b), and 2) child marries afterwards (F2b to F3).

Actually, if the LPR parent becomes a US citizen while the child is in F2A category then the petition converts to IR1. If the child subsequently marries then it converts to F3. If the LPR becomes a US citizen while the child is in F2B category then the petition converts to F1. If the child subsequently marries then it still converts to F3. The child of a US citizen would never convert to F2B.

[aaron2020 11,651]

Actually, if the LPR parent becomes a US citizen while the child is in F2A category then the petition converts to IR1 (IR2 ?). If the child subsequently marries then it converts to F3. If the LPR becomes a US citizen while the child is in F2B category then the petition converts to F1. If the child subsequently marries then it still converts to F3. The child of a US citizen would never convert to F2B.

Thank you for the correction. There are multiple ways to get from F2a to F3. However, there is no direct way to go from F2a to F3 because two independent events must occur; parent must get US citizenship and child subsequently marries.

[fpm899 0]

Yes, I wrote the wrong category. I was moved to the F2B category, so now I guess I have to go back to school so I can stay legal and get to work after another two years of school. Thank you for your help, it was greatly appreciated.

[grrrrreat 109]

Yes, I wrote the wrong category. I was moved to the F2B category, so now I guess I have to go back to school so I can stay legal and get to work after another two years of school. Thank you for your help, it was greatly appreciated.

Is your mother eligible to become naturalized. You would then convert to F1 and the priority dates are becoming available somewhat sooner than for F2B.

[aaron2020 11,651]

Is your mother eligible to become naturalized. You would then convert to F1 and the priority dates are becoming available somewhat sooner than for F2B.

The F1 family preference category is running about a year faster than the F2b for all countries except the Philippines. A Filipino is better off staying in the F2b category.

[grrrrreat 109]

The F1 family preference category is running about a year faster than the F2b for all countries except the Philippines. A Filipino is better off staying in the F2b category.

Good to know, thanks!

[fpm899 0]

hello everyone, sorry for the late bump. I have a question I know that there was a revision on 03/30/2011 for the CSPA which is after my mom filled my case. Does that mean that i would be covered by the CSPA rules before the 03/30/2011 revision? I ask this because I know that new revisions can't "hurt" and applicant but it can only help. Therefore, wouldn't I be covered by the rules of CSPA before the revision that was made on 03/30/2011? I ask this because before this revision citizens petitioners and LPR petitioners were looked at as the same so I would technically be covered, right? Thank you once again.

[aaron2020 11,651]

hello everyone, sorry for the late bump. I have a question I know that there was a revision on 03/30/2011 for the CSPA which is after my mom filled my case. Does that mean that i would be covered by the CSPA rules before the 03/30/2011 revision? No. CSPA still does not help you. I ask this because I know that new revisions can't "hurt" and applicant but it can only help. Therefore, wouldn't I be covered by the rules of CSPA before the revision that was made on 03/30/2011? I ask this because before this revision citizens petitioners and LPR petitioners were looked at as the same so I would technically be covered, right? No. Immediate Relative cases from US citizens have always been treated better and still are. And you are not covered. Thank you once again.

You are still confused.

The 3/30/2011 revision changes nothing for you. US citizens and LPR petitioners were not treated the same before the revision. US citizens were and still are treated better. Only Immediate Relative cases from US citizens results in the beneficiary's age being frozen on the date of filing. For all family based category cases (F1, F2a, F2b, F3, and F4), age is frozen only when the Priority Date becomes current.

You are grasping at straw. CSPA does not help you. It never has and never will. Sorry.

[fpm899 0]

Thank you for your help.