Need Urgent Help Regarding over 21 age Issue

[ankit patel 0]

hi

I am ankit patel from Anand, (guj.india). we having F4 category file for USA. Our file was filled on 3rd oct. 1996. we got our DSL on Last year Feb. 20 Feb 2007.

Our Priority date is 3rd oct. 1996. Our BMB nub. is BMB1997563034. we got visa call on 17th march 2008. on that day my mom and dad got visa but me and my sister didint get visa. My birthdate is 1st July 1986. my sister's birthdate is 29th july 1984. they told to my dad that both children are not eligible to get visa.

So tell me now what possibilities to get VISA as soon as possible. I heard that many people getting visa on age of 23rd and 25th also. so in that cases I am just 21 yrs and 7 months old.

Plz help me ....what to do now ????? if u want any other information tell me i can provide all ....with documents also.

I am waiting for replies...thanks

[Boiler 43,764]

I do not know enough about CSPA to know whether that would be applicable.

But assuming you are un married then your parents as Permanent Residents can sponsor you, Category F2B.

[ankit patel 0]

boiler ........ya i m not married. and i think F2B takes long time.

[Boiler 43,764]

10 years or so would be a reasonable guess.

[Sanjiv Patel 13]

Ankit,

Please do not provide birthdates in an open forum discussion. If necessary, initiate personal contacts, once you receive favorable responses.

Please read my article on CSPA before you post question.

http://www.visajourney.com/forums/index.php?showtopic=110854

It has a calculator that can help you calculate your eligibility on your own. As my explanation states, the CSPA takes away the period of time from petition filing to petition approval from your actual age. If this duration was very short, such as 6 months, you may be out of luck. When was your petition approved? You can check the date the Notice of Action letter was sent with approval. Of course, child has to be UNMARRIED to benefit from CSPA.

Only if the petition was approved on or after 5/7/1997, you had a chance at CSPA. Your sister had chance only if the petition was approved on or after 4/9/1999. Because of the time required to get interview these dates need to be pushed about two months in futures, that is around July 1997 for you and June 1999 for your sister (and of course you benefit with that). You can hope that your approval date was 2000 and later. If so, you have a chance to present your evidence to Mumbai Consulate and get your case re-evaluated. If that's the case, let me know, so I can guide you further. If you petition was approved before May 1997, both of you are out of luck.

Next set of discussion assumes that you do not qualify for visa under CSPA: Your parents can apply for both of you once they become legal PR, while retaining the original priority date of the original petition on which the child aged out. You will fall in 2B category, which currently is at 22 March 1999. Since your original priority date is in 1996, you should be able to get the visa right away. Of course, there will be a processing time delay of few months. So, stay UNMARRIED, till this duration - at the least so that your parents can file for you in 2B category. I would suggest to you that you consult a US Based immigration lawyer to seek their professional advise. One obvious choice is the writer of the following link (not related or known to me, BTW) and another one is Sheela Murhty (murthy.com). Your Uncle of Aunt in the US may need to setup a consultation with them and they can guide you if there is anything that can be done while your parents are in India. In my opinion (I am not a lawyer, just someone like you who has gone through the USCIS process) this is not a likely scenario. If you don't want to pursue that route, they must come to US first, and then immediately file for you guys - preferably seeking legal help from Immigration attorney so that they can make sure you get your priority date of Oct 3 1996 and NOT the new filing date. (You may be able to do it on your own without legal counselling if you are comfortable dealing with USCIS. If you don't get your original priority date automatically, you can then get some lawyer involved.)

Here is a link to an article that talks about this: http://www.ilw.com/articles/2006,1005-patel.shtm

An excerpt from this article:

". . . where an alien child is a derivative beneficiary under a principal beneficiary of any preference petition, and is determined to be 21 years of age or older and has therefore become ineligible for the benefit of § 203(h)(1), he or she may nonetheless be eligible for retaining the earlier priority date of the original petition that enabled the original principal beneficiary become a lawful permanent resident.

The principal beneficiary may then file a relative petition for the derivative beneficiary who would then fall under the second preference category as an unmarried son or daughter of the principal beneficiary. . ."

Hope this clarifies it a little. Not all is lost, even if you do not qualify under 21 CSPA age. You should be able to come to US in less than a year. I am glad, I was of help in some real case. Good Luck and keep in touch as you progress through this maze.

Regards,

Sanjiv Patel

[Boiler 43,764]

Interesting.

You live and learn.

Excellent responce btw.

[ankit patel 0]

Sanjiv Patel thank you very very very much ......for your helpful reply ....i got positive response now .....

I met so many agents in India ...but no 1 gave this type of reply.

again thank you very much ....

[Sanjiv Patel 13]

Ankit,

I would avoid use of agents. You get wealth of knowledge by visiting this forum and some excellent websites (such as murthy.com). I know in the past some agents have screwed up people because of their ignorance. I would do it myself rather than trust any agents. Just personal opinion.

Regards,

Sanjiv Patel

[ankit patel 0]

thank you again for reply ....... i met some agents here ... 1 laywer at ahmedabad told same way as you told. he is telling that he can handle all this things. and telling that it will take 6 months to go there. mom and dad comming USA next month. may be on 24th or 25 april. so procidure will continue after they get Greencard ....right ???

One of my friend had same issue. his father and mother are there from Oct. 2006. they filled I-130 and [ I-824 ( Not Sure)] for him on Nov.2006. and didnt take help from any agent or laywer. He is till here with me. that means he is here from 1yr and 4 months almost. So I am afraid that Should I have to wait 2-3 Yrs or more to come there ????

My another cousin is 27 yrs old (Unmarried) . same as me and same dates of visa call and priority dates. what are the possibilities for her to come there ???

If you want any documents then tell me I will send you in email. and give me your email address. I will stay in touch and will give updates here and if u want to email then I will send all updates there also.

Edited March 30, 2008 by ankit patel

[Sanjiv Patel 13]

Ankit,

I will send my e-mail address in a private thread, if you need to do personal follow-up.

You still haven't answered my original question: When was your petition approved? Without that you don't even know if you are eligible to get visa with your parents in the original petition - without having to wait for your parents' filing a new petition for you and your sister.

Assuming that you don't qualify for CSPA age of under 21, your parents should file for you as soon as they put foot on US soil. The best thing to do is hire a knowledgeable lawyer from US, if you feel the need. An Indian lawyer will not be able to represent you in front of consulate officer or NVC or USCIS, if needed. However, if you feel hiring someone in India to do any paperwork on your behalf, you can hire some Indian lawyer rather than hire agents. There is no education or experience requirement for these agents, and anyone can start an office of agent and make people fools. Don't become victim.

If your parent's 2-B filing does not get the original priority date from your parents' application on which you aged out, your US lawyer can take it up to USCIS / NVC to correct their records based on legal points. However, I know at least in one relative's case, where this happened on its own without need for a lawyer. So, you can also do the same thing - hire a laywer only if needed. I would think that your case should take as long as a processing time (similar to a US citizen filing for immediate relative) - typically 6 months - because with your original priority date, your date is current as soon as an application is filed.

I don't know much about your friend's case. You may want to ask your friend to post his story on this forum for me and other knowledeable people to respond. However, if he is exactly in the same situation as you, he should have already gotten the visa. The reason he hasn't, makes me think that his priority date has not been assigned from his parents' original petition. His parents' should consult a lawyer for this case, if no good respinse comes from this forum.

I need all dates - including approval date - for your cousin, as well to be able to help her.

Keep in touch as your progress through this so others can benefit from your experience. Keep adding your comments to this thread.

Good Luck,

Sanjiv Patel

[ankit patel 0]

Hello

I sent you my details at your email. so check it and tell me.

[Sanjiv Patel 13]

For the benefit of everyone: One correction to my original reply to Ankit's question. (Unfortunately, I can't edit the original response.)

If one has aged out even by CSPA calculation, the application is supposed to automatically get converted to F2B category while retaining the original priority date. There should be no reason to file another I-130. However, automatic conversion does not happen in today's USCIS process. As Garcia case showed, hiring a lawyer and working through the legal system may help those in this situation. With a documented win for Garcia, the newer cases should be simpler than it was for Garcia.

Regards,

Sanjiv Patel

Edited April 4, 2008 by Sanjiv Patel