Can I get my immigration visa by Oct?

[Citizen24 6]

Hi all,

 

I have completed filling my DS-260 and I am required to send in my documents. My Police Clearance Certificate is in process and should arrive in about 4-5 days; hence, I cant send in the rest of my documents without it.

Given the stage of the process I'm at, can anyone help me by telling me how likely it is that I get my immigration visa by mid October? Is it even possible?

 

Also, my CSPA age allows an extension of about 14 months to my biological date. If my visa does not arrive before my birthday (28/10/96), will I have to file some form and initiate any separate procedure for them to consider my CSPA age or do they do it themselves? Basically, what am I supposed to do if I turn 21 and I havent gotten my immigration visa yet?

 

Also, my grandfather who is a US citizen applied for our green cards. So, the primary beneficiary is my mom and my dad & I get the green cards with her.

Does this mean I don't qualify for CSPA? Am I a derivative beneficiary?

 

Please help. Thanks  

Edited August 22, 2017 by uv1996

[Citizen24 6]

Also, my grandfather who is a US citizen applied for our green cards. So, the primary beneficiary is my mom and my dad & I get the green cards with her.

Does this mean I don't qualify for CSPA? Am I a derivative beneficiary?

[Ontarkie 13,904]

~~Moved to Bringing Family of USC, from General Immigration~~

[Citizen24 6]

Hi All,

 

I have a few questions, please help.

 

1. My grandfather applied for our permanent residencies back in 2005 and our file has been opened for review in May, 2017.

Visa Category: F3 (Or is it FB3?) - My mother is the primary beneficiary and so, my father & I get our green cards too!

Does this make me a derivative beneficiary?

 

2. According to the CSPA calculation, I have about 14 months that I can deduct from my biological age (I turn 21 on 28 Oct, 2017).

Am I eligible to have my age calculated as per CSPA?

 

3. Our case number starts with BMB, are we eligible to send in our documents online or do we compulsorily have to send them in physical packets?

 

4. Assuming that we send in our documents on Sept 1, 2017; can some one help me with their best approximation of when the interview date can be scheduled at the Mumbai consulate?

 

5. Is there any way that we get our immigration visas in hand by mid October?

 

Please excuse my curious anxiety. Our family is very confused and a little tensed that my parents may get the visa and maybe I wont. 

Any help is greatly appreciated  

[Penguin_ie 5,984]

1. Yes you are a derrivative.

 

4/5. have a look at the timelines of other Indian applicants and check out the regional forum for India for interview timelines.

It seems unlikely that you will get from sending in docs to getting the visa by mid October, ie 6 weeks,, as the visa interview needs to be scheduled first, then you do the medical and attend the interview, and then it is 2-3 weeks to get the visa after the interview, assuming you are approved without any AP (extra security checks after interview).

[Citizen24 6]

13 minutes ago, Penguin_ie said:

1. Yes you are a derrivative.

 

4/5. have a look at the timelines of other Indian applicants and check out the regional forum for India for interview timelines.

It seems unlikely that you will get from sending in docs to getting the visa by mid October, ie 6 weeks,, as the visa interview needs to be scheduled first, then you do the medical and attend the interview, and then it is 2-3 weeks to get the visa after the interview, assuming you are approved without any AP (extra security checks after interview).

Thank you for your response

Am I eligible to have my age calculated as per CSPA?

[Mrs. Wild 87]

It's very unlikely that you will have your visa in hand by October. If you send in all your paperwork by September 1, there will be a 8-11 week wait at NVC before your file is reviewed and your case is completed. After that, 2-4wks for an interview to be scheduled. The interview would likely be scheduled for 1-2mo from your notification. So it could be that your interview would be in January or February... the holidays tend to slow things down.

 

From the USCIS website regarding CSPA: CSPA allows the time a visa petition was pending to be subtracted from the beneficiary’s biological age at the time of visa availability so that the applicant is not penalized for the time in which USCIS did not adjudicate the petition.

 

If I understood correctly, at the time a visa is available for you... you subtract the amount of time your I-130 was pending from your age. So if your petition was pending say 1 year, at the time a visa is available (according to USCIS this is either when a petition is approved or your priority date, whichever is later), you would subtract 1yr from your age. That would be your CSPA age. 

 

When was your petition approved? And how long was it pending for?

[Citizen24 6]

32 minutes ago, Mrs. Wild said:

It's very unlikely that you will have your visa in hand by October. If you send in all your paperwork by September 1, there will be a 8-11 week wait at NVC before your file is reviewed and your case is completed. After that, 2-4wks for an interview to be scheduled. The interview would likely be scheduled for 1-2mo from your notification. So it could be that your interview would be in January or February... the holidays tend to slow things down.

 

From the USCIS website regarding CSPA: CSPA allows the time a visa petition was pending to be subtracted from the beneficiary’s biological age at the time of visa availability so that the applicant is not penalized for the time in which USCIS did not adjudicate the petition.

 

If I understood correctly, at the time a visa is available for you... you subtract the amount of time your I-130 was pending from your age. So if your petition was pending say 1 year, at the time a visa is available (according to USCIS this is either when a petition is approved or your priority date, whichever is later), you would subtract 1yr from your age. That would be your CSPA age. 

 

When was your petition approved? And how long was it pending for?

Thank you so much for your response!

 

My I-130 was pending approval for about 14 months from Sept 2005 to Nov 2006. 

 

My biggest concern is that am I eligible to take benefit of the CSPA given that I'm a derivative beneficiary? I read somewhere that derivative beneficiaries are not eligible and that kind of freaked me out.

[Mrs. Wild 87]

Perhaps consulting with a lawyer is a good idea. 

 

Here is the CSPA info from USCIS: https://www.uscis.gov/greencard/child-status-protection-act 

 

While the USCIS website says Derivatives can subtract the time their application was pending from their age, there appears to have been a US Supreme Court case that tackled this question regarding derivatives as well (Scabiaballa vs Osorio).

[Citizen24 6]

1 hour ago, Mrs. Wild said:

Perhaps consulting with a lawyer is a good idea. 

 

Here is the CSPA info from USCIS: https://www.uscis.gov/greencard/child-status-protection-act 

 

While the USCIS website says Derivatives can subtract the time their application was pending from their age, there appears to have been a US Supreme Court case that tackled this question regarding derivatives as well (Scabiaballa vs Osorio).

Thanks so much!  

 

From what I read, derivative beneficiaries are eligible under CSPA. But you're right, maybe I should consult a lawyer to confirm this.

 

Thanks again!