Jump to content
Sign in to follow this  
TBD

Child Aged out

13 posts in this topic

Recommended Posts

Hi all great forum you have here and very informative.

I'm wondering because I recently received my scheduled appointment letter from NVC but my question now is about my older son which is aged out

My petition was filled on Apr of 2001 at that time he was 19 years old and my visa was approved on 2010 but become available at Jan of 2013

So obviously he has aged out but they haven't mentioned anything in the letter from NVC. In this cases do the mention that if one of the family members

Is denied ? because they are asking to make an appointment for all of us at the Embassy certify doctors and they also sent a list of documents

With the name of every member of my family to bring at the interview in the US embassy in my country.

I know that now we can apply for the De Osorios v Mayorkas act 9th Cir 2012.

But again do they should notify if someone is not approved for the Green Card ?

Thanks in advance for your comments

Share this post


Link to post
Share on other sites

Who filed the petition for you? I'm asking so we could determine your category.

My petition was filled on Apr of 2001 at that time he was 19 years old and my visa was approved on 2010 but become available at Jan of 2013

Your son is 31 years old NOW? He aged out already and therefore won't be eligible as your derivative for the visa petition.

Did you receive a letter from NVC which states that you already have an interview schedule at the US Embassy in your country? If your son's name is still listed on the interview letter, then most likely the consul will determine his eligibility on the day of the interview.

At this point you can call the Embassy and inquire about CSPA.

Share this post


Link to post
Share on other sites

Who filed the petition for you? I'm asking so we could determine your category.

Your son is 31 years old NOW? He aged out already and therefore won't be eligible as your derivative for the visa petition.

Did you receive a letter from NVC which states that you already have an interview schedule at the US Embassy in your country? If your son's name is still listed on the interview letter, then most likely the consul will determine his eligibility on the day of the interview.

At this point you can call the Embassy and inquire about CSPA.

My sister (US Citizen) filed the petition so I'm on F4

And yes I received the letter from NVC that states that I have an interview scheduled for the next month and yes my son name is listed.

Share this post


Link to post
Share on other sites

I know that now we can apply for the De Osorios v Mayorkas act 9th Cir 2012.

But again do they should notify if someone is not approved for the Green Card ?

De Osorios lost her appeal in the 9th Circuit Court. The decision was issued in September of last year. The court determined that automatic priority date retention only clearly applied to F2A beneficiary's who had aged out. They further determined that the CSPA was ambiguous about priority date retention for derivatives of an F3 or F4 petition, but concluded that the BIA decision in Matter of Wong was a reasonable interpretation of the law, consistent with the intent of the lawmakers.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites

De Osorios lost her appeal in the 9th Circuit Court. The decision was issued in September of last year. The court determined that automatic priority date retention only clearly applied to F2A beneficiary's who had aged out. They further determined that the CSPA was ambiguous about priority date retention for derivatives of an F3 or F4 petition, but concluded that the BIA decision in Matter of Wong was a reasonable interpretation of the law, consistent with the intent of the lawmakers.

Released on Fri, Sep 28, 2012

An en banc panel of the Ninth Circuit Court of Appeals ruled in favor of young adults who, due to long delays caused by visa backlogs, lost the opportunity to obtain their green cards before they turned 21. In accordance with arguments made in an amicus brief submitted by the Legal Action Center and the National Immigrant Justice Center, the court held that Congress specifically remedied this problem in the Child Status Protection Act (CSPA) of 2002, by allowing children who were listed on their parents’ visa petitions, but who turned 21 before a visa became available, to retain the earlier filing date of their parents’ visa petitions when new visa petitions are filed for them as adults. As the court explained, “This ensures that visas are available quickly, rather than requiring the now-adult aliens to wait many more years in a new visa line.”

The court’s ruling overturned a precedent decision of the Board of Immigration Appeals, Matter of Wang, 25 I. & N. Dec. 28 (BIA 2009), which interpreted the law as benefiting only one visa category of “aged-out” children.

The court issued its decision in two cases, one of which is a national class action. The petitioners in the two cases were represented by Reeves and Associates and the Law Offices of Carl Shusterman.

Share this post


Link to post
Share on other sites

Released on Fri, Sep 28, 2012

An en banc panel of the Ninth Circuit Court of Appeals ruled in favor of young adults who, due to long delays caused by visa backlogs, lost the opportunity to obtain their green cards before they turned 21. In accordance with arguments made in an amicus brief submitted by the Legal Action Center and the National Immigrant Justice Center, the court held that Congress specifically remedied this problem in the Child Status Protection Act (CSPA) of 2002, by allowing children who were listed on their parents’ visa petitions, but who turned 21 before a visa became available, to retain the earlier filing date of their parents’ visa petitions when new visa petitions are filed for them as adults. As the court explained, “This ensures that visas are available quickly, rather than requiring the now-adult aliens to wait many more years in a new visa line.”

The court’s ruling overturned a precedent decision of the Board of Immigration Appeals, Matter of Wang, 25 I. & N. Dec. 28 (BIA 2009), which interpreted the law as benefiting only one visa category of “aged-out” children.

The court issued its decision in two cases, one of which is a national class action. The petitioners in the two cases were represented by Reeves and Associates and the Law Offices of Carl Shusterman.

The 9th Circuit is not the final decision.

You need to understand the court system and how courts affect laws in the US.

First, the 9th Circuit only covers a few states. The 9th Circuit does not have power in most of the other states. There are 11 circuit courts. The 9th Circuit is not the final decision. There are many other courts on equal power who have disagreed. (Just because one of many cases is promising to your situation, it does not make it the rule when there are many other cases that go the other way.)

Second, the 9th Cir. has the hightest rate of overturns when cases are reviewed by the US Supreme Court. So, the US Supreme Court can still overturn the 9th Cir.'s decision.

Third, you are not a party to this lawsuit and the US Government is still fighting it and has not agreed to accept the 9th's Circuit's decision. The US government is still appealing.

Fourth, these cases will not help you until they are final. They are not final. They are on appeal to a higher court.

Share this post


Link to post
Share on other sites

JimVaPhuong I've been reading a lot of your post here and it seems that you know lot, I may have not been specific about my case

I will try to explain it better to hear your opinion, I hope you can give me your opinion.

My son DOB May 21 1981

Application officially received Apr 09 2001

Approved package received April 26 2010

Within a year we sent all of the DS 230 for each one of us and 864form and made the payment for visas fees at the mean time

+ police records and all the documents requested by them, at that time my older son was 19 something years

So the real question here is if he retain that age for the CSPA purposes ?

But visa came available on Jan 03 2013 and the interview is scheduled for Feb 05 2013 at this time he will be 31 something years but still unmarried

What do you think ?

Thanks in advance for taking your time on my question.

Share this post


Link to post
Share on other sites

JimVaPhuong I've been reading a lot of your post here and it seems that you know lot, I may have not been specific about my case

I will try to explain it better to hear your opinion, I hope you can give me your opinion.

My son DOB May 21 1981

Application officially received Apr 09 2001

Approved package received April 26 2010

Within a year we sent all of the DS 230 for each one of us and 864form and made the payment for visas fees at the mean time

+ police records and all the documents requested by them, at that time my older son was 19 something years For CSPA Purposes

So the real question here is if he retain that age for the CSPA purposes ?

But visa came available on Jan 03 2013 and the interview is scheduled for Feb 05 2013 at this time he will be 31 something years but still unmarried

What do you think ?

Thanks in advance for taking your time on my question.

Share this post


Link to post
Share on other sites

JimVaPhuong I've been reading a lot of your post here and it seems that you know lot, I may have not been specific about my case

I will try to explain it better to hear your opinion, I hope you can give me your opinion.

My son DOB May 21 1981

Application officially received Apr 09 2001

Approved package received April 26 2010

Within a year we sent all of the DS 230 for each one of us and 864form and made the payment for visas fees at the mean time

+ police records and all the documents requested by them, at that time my older son was 19 something years

So the real question here is if he retain that age for the CSPA purposes ?

But visa came available on Jan 03 2013 and the interview is scheduled for Feb 05 2013 at this time he will be 31 something years but still unmarried

What do you think ?

Thanks in advance for taking your time on my question.

Your son has aged out. CSPA cannot help him.

Share this post


Link to post
Share on other sites

Hi, I want to thank all who replied to my post, thanks God we have received all our immigrant visas

Our interview was just fabulous, they treated us just the way any human been deserve.

Again thanks all and do not loose your hope, there's always hope, even in my case that an attorney told me that my

Oldest son does not qualified for CSPA purposes, he finally with the grace of God has his Visa granted.

I hope All the best for all of you guys hopping that you can get your dreams come true .

:thumbs:

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×