Cspa need help!

S

Smasha

New Member
Hi everybody!

I am new to this website and desperatly need help regarding my case. I have searched both the forums and other resources for answers and nothing makes sense. Please help me with any information or advice!

Here are the facts of my case:

I-130 petition filed by my mother(permament resident) on my behalf under category F2A, priority date Nov.30, 2006, country of chargeablility: Russia. I was 18 at the time(dob: July 4, 1988), studying in the US with an F1 status( no actual visa, Canadian citizen). Petition approved on October 9, 2009, when I was already 21. In 2008, I moved back to Canada to study, but did not notify USCIS of this change, and therefore could not file Adjustment of Status application upon petition approval.

After much confusion my mother filed form I-824:Application for Action on an Approved Petition to have it forwarded to the NVC in June of 2010. In a letter she received from the NVC on July 21, 2010, it is stated, that “dueto a recent change in visa classification or change in dates used to begin thevisa application process”, there is no visa currently available for me. Upon further inquiry at NVC, it turned out that they have changed my category from F2A to F2B, because I turned 21. I then found out about the CSPA, but when I asked them about it, they sent my case to the assigned US Consulate for review, who in turn denied my "request", and determined that I am not elgible under CSPA.

From all that I have read, it looks like I should be eligble, so I don't understand why I am not. I calculated my CSPA age to be 18 yrs 11mnth(i might be off a year), since May 2010 was when visas became availble for my old category.Could it be because I-824 was filed 9 months after approval? Maybe I am understanding the CSPA wrong? it is very confusing! I am also confused why NVC changed my category to F2B, after the petition was already approved by USCIS under F2A.

My main question is, was the NVC's decison/action legal or not, or could they have made a mistake? Am I covered under the CSPA?

I am sorry for the long explanation, but I tried to cover all the details. I hope you can help me understand this all better, as it would even be nice to know that I can't change anything and should simply wait.

Thank you very much!
 
Smasha said:
I-130 petition filed by my mother(permament resident) on my behalf under category F2A, priority date Nov.30, 2006, country of chargeablility: Russia. I was 18 at the time(dob: July 4, 1988), studying in the US with an F1 status( no actual visa, Canadian citizen). Petition approved on October 9, 2009, when I was already 21. In 2008, I moved back to Canada to study, but did not notify USCIS of this change, and therefore could not file Adjustment of Status application upon petition approval.
Click to expand...

Even if you notified USCIS that you left the US, you still wouldn't have been able to pursue adjustment of status (AOS) because AOS requires you to be inside the US. Upon leaving the US you'd be eligible for consular processing, but that's not the same thing as AOS.

My main question is, was the NVC's decison/action legal or not, or could they have made a mistake? Am I covered under the CSPA?
Click to expand...

Both you and the NVC are wrong. According to my calculation you are still eligible in F2A, but your age calculation is off. The date for calculating your age is when you "sought to acquire" the immigrant visa, which would be when you applied for an immigrant visa or hired a lawyer to prepare the application. Have you done either?

However, the good news is that your CSPA-adjusted age is still under 21 using today (or any other day this year and early next year) as the "sought to acquire" date. You just turned 23, and the CSPA adjustment is almost 3 years which puts you at age 20. I suggest you gather up the relevant documents (particularly the I-130 receipt and I-130 approval notice) and get a lawyer to send a letter to the NVC that demonstrates your CSPA calculation, asserts your eligibility to stay in F2A and urges them to forward your case to the consulate for final processing.
 
USCIS Stakeholder Teleconference on Tuesday, July 26th. On the day of the engagement, please use the information below to join the teleconference. We recommend calling in 30 minutes prior to the 2:00pm Eastern Time start of the call.

We will be forwarding a presentation (ATTACHED) prior to the start of the teleconference for you to reference during the call.

Call-in numbers: 1-888-391-6583

Participant passcode: 2983924
 
Jackolantern said:
Even if you notified USCIS that you left the US, you still wouldn't have been able to pursue adjustment of status (AOS) because AOS requires you to be inside the US. Upon leaving the US you'd be eligible for consular processing, but that's not the same thing as AOS.

Both you and the NVC are wrong. According to my calculation you are still eligible in F2A, but your age calculation is off. The date for calculating your age is when you "sought to acquire" the immigrant visa, which would be when you applied for an immigrant visa or hired a lawyer to prepare the application. Have you done either?

However, the good news is that your CSPA-adjusted age is still under 21 using today (or any other day this year and early next year) as the "sought to acquire" date. You just turned 23, and the CSPA adjustment is almost 3 years which puts you at age 20. I suggest you gather up the relevant documents (particularly the I-130 receipt and I-130 approval notice) and get a lawyer to send a letter to the NVC that demonstrates your CSPA calculation, asserts your eligibility to stay in F2A and urges them to forward your case to the consulate for final processing.
Click to expand...

I was aware of that already, so we never filed the adjustment of status, but filed I-824. Unfortunatly this was past the date when my priority date became current(under F2A), and the NVC then changed my category.

I have not "sought to acquire" a visa, because the NVC stated on July 21, 2010, that none were available for me, considering I was now in the F2B category. I have been trying to figure all this out to see if it is possible to argue with the NVC, and then hire a lawyer.

I also read on some of the responces in the forum, that if you turn 21 before your prority date becomes current, you have "aged out". But that doesn't make sense if you take in the CSPA age calculator. In the later case, I am still eligble, in the former, I have turned 21 almost a year before my priority date became current under F2A. Which one is right?

Thank you so much for your help, it is greatly appreciated.
 
Smasha said:
I also read on some of the responces in the forum, that if you turn 21 before your prority date becomes current, you have "aged out".
Click to expand...

That's if your CSPA-adjusted age is 21 or older when your PD becomes current. Your CSPA-adjusted age is still under 21. As a result, that puts you in F2A, and your PD is current in F2A.

Unfortunately, the NVC and consulates often don't correctly apply the CSPA, and they wrongfully reject or recategorize many eligible individuals. So then the applicant has to take additional steps to assert their CSPA eligibility. Get an immigration lawyer to write a letter to convince the NVC to demonstrate your CSPA adjustment and put you back into F2A, and to initiate any other actions that would be sufficient to qualify you as having "sought to acquire" (I suppose helping you prepare a DS-230 would count, but talk to the lawyer about that).
 
Last edited by a moderator:
Latest CSPA related Circuit Court Case

This case is making USCIS review its policy on the topic of what "sought to acquire" means.

They have been made aware and it was brought up on the teleconference today.

USCIS Office of Chief Counsel (OCC) is notoriously slow to help anyone, especially USCIS adjudicators.

It may be quite some time (months) before anything new is published as guidance.
 
Hello!

My Mother's Sister Filed Petition For Immigrant Visa In F4 Category For My Mother. Under "Following-to-Join Benefits" Paragraph On "Siblings" Page Of United States Department Of Immigration And Citizenship Website It Was Mentioned That;

"that you do not have to submit a separate Form I-130 for your spouse and/or children. In addition, your spouse and/or children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa.


Your spouse and/or children may be eligible for following-to-join benefits if:

The relationship existed at the time you became a permanent resident and still exists, AND
You received an immigrant visa or adjusted status in a preference category

I Want To Ask, Would Me(33 Years Old) And My Younger Sister(23 Years Old) As Children Of My Mother Would Be Eligible To Apply For "Immigrant Visa" Immediately With My Mother And Father(Also A Beneficiary Of Immigrant Visa With My Mother).

Regards,
Ali Murtaza.
 
Ali Murtaza said:
Hello!

My Mother's Sister Filed Petition For Immigrant Visa In F4 Category For My Mother. Under "Following-to-Join Benefits" Paragraph On "Siblings" Page Of United States Department Of Immigration And Citizenship Website It Was Mentioned That;

"that you do not have to submit a separate Form I-130 for your spouse and/or children. In addition, your spouse and/or children will not have to wait any extra time for a visa number to become available. In this case, you may simply notify a U.S. consulate that you are a permanent resident so that your spouse and/or children can apply for an immigrant visa.


Your spouse and/or children may be eligible for following-to-join benefits if:

The relationship existed at the time you became a permanent resident and still exists, AND
You received an immigrant visa or adjusted status in a preference category

I Want To Ask, Would Me(33 Years Old) And My Younger Sister(23 Years Old) As Children Of My Mother Would Be Eligible To Apply For "Immigrant Visa" Immediately With My Mother And Father(Also A Beneficiary Of Immigrant Visa With My Mother).

Regards,
Ali Murtaza.
Click to expand...

Your case is different. Please start your own thread.
 
You must log in or register to reply here.
Top