Would CSPA be beneficial in this case?
My mother (LPR) applied for my younger brother (F2A) in Sept 09. I-130 was approved mid Aug 10. PD became current on Sept 1, 2010. I-130 was pending for about 11 months.
My brother will turn 21 at the end of December 2010. NVC got the case end of Aug and immediately forwarded the case to local US embassy for expedited processing due to the possibility of "age-out" situation.
First week of Sept 2010, We got a letter from the embassy regarding collecting all the required document, and was asked to submit DS-2001 (Notification of Applicant Readiness) + DS-230 Part I, once all the docs are collected. We submitted the DS-2001 + DS-230 beginning of Oct.
So far we havent heard from the embassy since then. I have tried contacting them via email and they are very slow to respond. Initially, they told me to contact them if we didnt hear from them by Nov 20. I sent them an email on Nov 20 and still no response.
Theres less than 30 days before my brother turns 21. I think he would benefit from CSPA age calculation but I am not sure. I know CSPA would certainly apply in derivative beneficiary cases, but does it apply if the primary beneficiary is aging out?
Thanks for the help in advance.
He is definitely protected by the CSPA. Hes not 21 yet, and he has already submitted the forms for the immigrant visa, so hes safe from aging out of F2A regardless of how long it takes from this point forward.
Does CSPA protect one even in the case of switching categories?
Yes, it also protects primary beneficiaries in F2A or IR from aging out of their category (subject to the CSPA calculation and the condition of applying for AOS or an immigrant visa within 1 year after the PD becomes current).
But in this case Im not sure the CSPA would even be necessary, given that the PD became current and the DS-230 was filed before his 21st birthday.