Darn... Rejected Due To Signature..

[Penguin_ie 5,984]

I am sorry. They likely didn't look at your birthday/ the forms at all yet, they assign the priority date first thing way before looking at the forms. It sucks, but going by their rules they made the right decision, and I doubt an appeal would work because of that. This is not a "come on, be nice!" appeal- appeals can only be granted if an error in process was made, and it was not.

[jaycali 415]

Thanks.Yeah, well that's what we expected them to do in the first place, we rang up twice and emailed them and they said "yep no worries it's fine" etc, and the other said "it's up to the discretion of the officer". But overall they said it should be fine. But nope. What a horrible birthday haha. I'm not sure on the appeal process, apparently it takes about 5 months to get notification of appeal decision??

Geez, I am so sorry! I really am not sure about an appeal process, other than knowing the USCIS I wouldn't hold my breath while it's ongoing. the USCIS deals with hundreds of thousands of these petitions annually.. In addition, they deal with them in an extremely bureaucratic fashion. There's very little room for "do me a favor." They didn't make an error here, your PD is your 27th bday - thus you are by their definition an adult child on the priority date. To make matters more bitter, I actually agree with penguin and doubt anyone at the USCIS actually noticed.

Hopefully someone who has been in a somewhat similar situation will respond here too. Also, I would recommend seeing if you can get a consultation with an experienced immigration attorney in the area of the US where you plan to move to. Appealing something like this seems borderline DIY at best.. Keep us updated!

Edited October 16, 2012 by Jay Jay

[anoldjourney 1]

Geez, I am so sorry! I really am not sure about an appeal process, other than knowing the USCIS I wouldn't hold my breath while it's ongoing. the USCIS deals with hundreds of thousands of these petitions annually.. In addition, they deal with them in an extremely bureaucratic fashion. There's very little room for "do me a favor." They didn't make an error here, your PD is your 27th bday - thus you are by their definition an adult child on the priority date. To make matters more bitter, I actually agree with penguin and doubt anyone at the USCIS actually noticed.

Hopefully someone who has been in a somewhat similar situation will respond here too. Also, I would recommend seeing if you can get a consultation with an experienced immigration attorney in the area of the US where you plan to move to. Appealing something like this seems borderline DIY at best.. Keep us updated!

You mean my 21st birthday yes, not my 27th? Haha.

My parents don't want to appeal on a 'be nice' type basis, they're hoping to appeal on technical/legal or procedural error grounds. She's found other legal cases with similar situations such as signature or turn around time for the application etc with clear intent to apply and so forth, it's just a matter of relating them into a child of USC/aging out application.

We also don't know where we plan on moving to in the US yet, depends where mum gets offered a job. But she has emailed an immigration lawyer, the one who handled the other cases she was looking at, but he's expensive. We're on the look though for others though just in case. Although the other problem is you have 30 days to appeal from when the decision was made? And the NOA1 date is 1st October. So we're very, very short on time..

[VanessaTony 3,567]

You mean my 21st birthday yes, not my 27th? Haha.

My parents don't want to appeal on a 'be nice' type basis, they're hoping to appeal on technical/legal or procedural error grounds. She's found other legal cases with similar situations such as signature or turn around time for the application etc with clear intent to apply and so forth, it's just a matter of relating them into a child of USC/aging out application.

We also don't know where we plan on moving to in the US yet, depends where mum gets offered a job. But she has emailed an immigration lawyer, the one who handled the other cases she was looking at, but he's expensive. We're on the look though for others though just in case. Although the other problem is you have 30 days to appeal from when the decision was made? And the NOA1 date is 1st October. So we're very, very short on time..

You could try filing an appeal on the NOA1 date based on the date they received your original application, compared to the date of the rejection letter (which you didn't make a copy of) and the envelope it came in proving that USCIS took X number of days to send the letter to you, (mailing days likely won't matter). It if took an irrational amount of time, and had they not taken so long you would have made it on time, they might let you slide.

Edited October 16, 2012 by Vanessa&Tony

[anoldjourney 1]

Everything worked out. I got approved.

[beejay 123]

W00t! Congrats!

Thanks for the update. How did you get everything sorted out? Do you know when you are moving?

[anoldjourney 1]

W00t! Congrats!

Thanks for the update. How did you get everything sorted out? Do you know when you are moving?

We did endless calling around, speaking to anyone and everyone we could for help, it was a very difficult process. I did get my NOA1 stating "adult child of USC" (with the long wait..), we assume NOA1 was automatically generated along with the priority date on the day it arrived there, but when my NOA2 came it said child of USC, but still with PD on my birthday.. But another form came later, forgot which one, and it said "child of USC", and had PD date same as my mums - the day I had originally also sent mine in... So, really, we don't know exactly what it was that sorted it out, but either way we are incredibly happy & grateful!

Moving in July! Our flights are booked, the dogs flights are booked, can't wait!

[caly 48]

Really happy to hear that it all worked out for you. Yay!

An approved visa and a memorable 21st birthday.

[beejay 123]

Enjoy your trip and I wish you the best in your new life here!

[anoldjourney 1]

Thanks guys!

I do have a question - we haven't received the mail package back with our passports from Sydney consulate yet, we had our interview on Tuesday - we're assuming it might come in the mail today.. Either way.. Do they give each person their own yellow envelope package?? Or would my mum & I have one package between us both?