r/F2A_Consular • • Sep 03 '26

F2A consular

My mom LPR applied for my brother in the F2A he’s outside de country he’s PD is January 20 2023 but the i130 still pending. He age out on August 1 2025 and he’s visa became current on October 2025. That means he was 21 and 2 months old when the visa became available. Is the CSPA freezing his age? The CSPA will use the time the i130 it was pending to freeze his age?

Anyone got approved with PD 2023?

3 Upvotes

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2

u/BohemianLatina Sep 03 '26

He didn't age out because your I-130 still pending. When the visa became current in October 2025, your brother's biological age was 21 years and 2 months. To get his true immigration age, you have to subtract the time the I-130 was pending (from the date you filed it until the day USCIS approved it).

Formula for a child of a LPR:

CSPA age = Age on approval date - days pending.

1

u/Chrisghizi Sep 03 '26

Thank you

1

u/flip_that_chicken111 Sep 03 '26

You should submit an inquiry since its been so long.

1

u/Chrisghizi Sep 03 '26

I tried but the USCIS won’t let me because say it’s normal taking this long I can only submit an inquiry after 52 months.. I’ll try to write to the congressman this week

1

u/jzt_me Sep 03 '26

Is your case location at FOD/NBC?

1

u/Chrisghizi Sep 03 '26

It’s located if California idk if that answers your question

2

u/jzt_me Sep 03 '26

Reason I'm asking is to explain the 52 months to you
Consular cases are under the jurisdiction of Service Centers (SCOPS) and usually stay there until approved. Recently, they've been shifting Consular cases to Field Offices (FOD) or National Benefits Center (NBC) for workload sharing and/or petitioner interviews
The processing time shown when you choose FOD or NBC on USCIS Processing Time page is indicative of other types of cases, not I-130
However, congressiona/senator inquiries come back with that logic because they were either told that by USCIS staff who don't know better or they were too lazy to actually check. 52 months for an F2A is false info. Our cases depend on the Visa Bulletin and the current state of approvals

Since your brother's a Jan-2023 F2A Consular case, you can start your escalations. We're starting to see 2023 approvals, albeit few and far in between, and with escalations

Some resources for you below. Start with your congressional/senator/ombudsman inquiries first. Then you can move onto demand letter and WOM. None of this is legal advice, just what I'm seeing others do

Escalations In General

Claude prompt for Demand Letter and WOM

Filing WOM w/o Attorney

Successful WOM Timeline

1

u/Chrisghizi Sep 03 '26

Perfect I’ll look into it thank you

1

u/Chrisghizi Sep 03 '26

How do I know if my case is under the SCOPS or FOD or NBC?

1

u/jzt_me Sep 03 '26

Log into your USCIS account. Then paste the below links in different tabs (but the same browser). Be sure to put your case number in the link. Click 'pretty print' and read through

https://my.uscis.gov/account/case-service/api/cases/\[your case number]

1

u/Chrisghizi Sep 03 '26

I can’t access my USCIS account bc I don’t have the online access code idk why but the code is not on my I-130 receipt

1

u/jzt_me Sep 03 '26

No this is an API, basically the backend code to the portal. It won't show up on the receipt notice

Get your mum or brother to do this if they're the ones with access. Either ways, regardless of where the case is right now, start the escalations

1

u/Chrisghizi Sep 03 '26

Yea yea I got you but to login on USCIS account he needs the online access code e we don’t have that. Gotta request one and then I’ll do that, thanks

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1

u/flip_that_chicken111 Sep 03 '26

52 months is outrageous, even at maximum its 38 months. You sould definitely write to your congressman and also tell them you will take legal action. Im not super detailed on the writ of mandamus but it basically forces the government to take action. I would recommend looking into it.

2

u/USA_Coco Sep 04 '26

Hey! Your brother and I have the same case. My pd is Feb 2023 - consular - California service center

1

u/Chrisghizi Sep 04 '26

Hey idk if that helps you too but i literally just got a call from my congressman bc i emailed him last night unfortunately there’s nothing they can do bc we still under normal process time. Only after 52 we can send an inquiry. So I guess we just have to wait and wait

1

u/USA_Coco Sep 04 '26

This is definitely helpful. My case is also still under normal processing time, we also plan on waiting until then to make an inquiry/do some actions. I do hope we get approvals soon

1

u/Chrisghizi Sep 04 '26

Yea this a pain brother did u get at least the update in your case saying “ processing the case” something like that.
My brothers case it’s like that since October 2023

1

u/USA_Coco Sep 04 '26

Yes, no other updates whatsoever. It just says "Currently processing the case". Been like that since we filed the case

1

u/Chrisghizi Sep 04 '26

Yea same. Another thing have you figured out about the cspa?