CSPA critical conditon

[gkababa 1]

all of my condition is eligible to CSPA except more than 1 year passed from my case was finally completed

is there any idea how i can reopen my case again ?

---

let me describe more

my uncle was filled i-130 on december 1999

case approved in august 2005

my birth date april 1983

my mom got the visa on may 2013

my uncle was filled i-130 for my mom , dad ,me

my mom go to interview and she told the consular that me and my dad can't travel with her for a medical reasons so the consular said we (my and dad ) can come later at any time

from 1 week ago i have mailed the embassy to asking for reopen our case and they answer it ok for my dad

and its age out for me

and now my dad is going to complete his case to get the visa

my mom is the principal applicant

how can i complete my case

----
i want to inform you that there is no invoice number for me is issued before
should i have to contact embassy again or the national visa center or uscis

[Hypnos 6,576]

You must seek to acquire your visa within a year of your priority date becoming current to be eligible under CSPA. If it's been over a year then yes, you have already aged-out.

[gkababa 1]

i know, but i am asking is there any way to reopen my case , especially that the consular said i can re-complete it later

[aleful 1,905]

hi

no, you aged out, there is no way to reopen the case

your father has to petition you, we already told you that

[gkababa 1]

may be some one tell me is this information below is useful for me not

http://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act/child-status-protection-act-cspa

Note: Individuals may be eligible to apply for permanent residence under CSPA after 1 year of a visa becoming available if all of the following are true:

• They are a beneficiary of a visa petition that was approved prior to August 6, 2002
• They had not received a final decision on an application for permanent residence based or immigrant visa on that visa petition prior to August 6, 2002
• The visa became available on or after August 7, 2001
• They met all of the other eligibility requirements for CSPA (see above)

[aleful 1,905]

hi

I don't think you understand that the immigration officer at the time of interview didn't find that you qualified for cspa

there is no visa available, your father was granted the visa and the petition ended, there was a final decision

if you thought that it was unfair and that you did qualify, you had 30 days to appeal the immigration officer's decision and find an attorney to appeal his decision

over a year has passed, there is nothing you can do now, your father has to petition you

[aleful 1,905]

hi

forget my last post too late to edit it, it Is your mom and not the dad the beneficiary and I was confused with another case of cspa

over a year was when the priority date became available and there was a visa available, in your last post you mentioned ov3r a year,

most likely the priority date became available at the end of 2012 or beginning of 2013, so you had until 2013 or max 2014

the best your mom can do is speak with an attorney and see if he or she can appeal the decision

if not, your mom will have to petition you as you have aged out

[gkababa 1]

i got your idea and thank you aleful for declaration

i just want to say something which may be helpful

we should receive this letter in December 2009 but for some reasons we don't receive it.

but we got it after 3 years ( in april 2012 )

and after april 2012 i started to complete the case for my mother

do you think is that may be helpful for my case ?

Dear Sir/Madam:

The National Visa Center (NVC) received your inquiry regarding the

immigrant visa petition:xxxxxxxx filed by xxxxxxx

Unfortunately, NVC has no record of receiving this

document/correspondence. Please resend the information.

Section 203(g) of the Immigration and Nationality Act requires that your

registration and any petition approved on your behalf be cancelled if

you do not apply for an immigrant visa within one year of being advised

to do so.

You were advised of this requirement on 03-DEC-2009 but we have not

received a response from you since then. Therefore your application for

a visa, and any petition approved on your behalf has been cancelled.

Your application may be reinstated and any petition revalidated if

within one year you can establish that your failure to pursue your

immigrant visa application was due to circumstances beyond your control.

Please submit a written statement to the NVC outlining the circumstances

beyond your control if you still wish to pursue this visa petition. The

statement can be submitted by e-mail to NVCInquiry@state.gov or by

postal mail to the address below.

National Visa Center

ATTN: TERM1

31 Rochester Avenue, Suite 200

Portsmouth, NH 03801-2915

Sincerely,

MJ

National Visa Center

[aleful 1,905]

hi

no, your mom could have gotten a copy of the approval letter if it was approved in 2009

unfortunately it was between your uncle and your mom's fault to not have done anything

so if he didn't receive the approved i130 in the mail, he should have requested a copy and your mom as well to know what her priority date was

when there is a petition, it is up to the petitioner and beneficiary to be on top of things

Edited November 23, 2015 by aleful

[aaron2020 11,651]

It took USCIS about 5 years and 8 months to approve the I-130. By the time your mother immigrated, your real age was 30. Your CSPA age would have been 23. You aged out and CSPA could not help you.

Furthermore what you posted does not apply to you since the visa petition was approved in 2005 which is well after Aug 6, 2002.

There is nothing to reopen. You can not retain your mother's PD.

Your mother can file a new case for you. It will take 7-8 years and you have to stay single.

Sorry

Edited November 23, 2015 by aaron2020

[gkababa 1]

sorry aleful , i am speak English a little

what i want to know is that situation is helpful for me or not

[aleful 1,905]

hi

no, it is not helpful

you are over 30 right? I miscalculated your age, so you have definitely aged out

your mom needs to file a new petition, forget about the old one, you have to start over

[gkababa 1]

ok guys

why did you think the embassy of country send this answer to me when i am asked for CSPA for my case yesterday

​​

Since you did not prepare your documents within one year from the case becomes current, then you are not eligible for the CSPA

[aaron2020 11,651]

ok guys

why did you think the embassy of country send this answer to me when i am asked for CSPA for my case yesterday

. The US Embassy sent you a stock answer because you do not qualify for CSPA protection for several reasons. One is not pursuing CSPA protection within 1 year as required.

The US Embassy is telling you that CSPA does not apply to you and does not help you. You are NOT ELIGIBLE for CSPA.

We are telling you the truth. CSPA can not help you. Your mother needs to file a new petition for you. Already wasted 2-3 years.

Edited November 23, 2015 by aaron2020

[gkababa 1]

thank you very much aaron2020
now i understand every thing

i know you said the truth , i am just worried if there's a misunderstanding

------------------------------

thank you aseful

although i trust every one here but i'll hire attorney because they know well how to deal with law bugs may be i get a chance