Am I not eligible for visa under F3 category due to over 21 yrs age?

[smartjak 0]

My case info:

Visa category: F3

Priority date: 17 APR 2003

Approval date: 22 June 2005

My birthdate: 29 OCT 1988

I contacted NVC and they said I am not eligible to immigrate to USA under CSPA law, because of my age over 21 yrs. My both parents will receive interview in Bombay consulate, India soon, but I will not be receiving and interview. They said, "your parents can request the consulate officer for you then decision will be depend on the interviewing officer." They also said another option to provide a letter why should we reconsider you on this same case.

Please can anyone provide suggestion on providing requesting letter to NVC?

Or anyother suggestions for my situation?

Thank you.

[Hypnos 6,576]

The NVC is right, you have aged out by over two years according to CSPA and are ineligible for a child classification any longer.

You would need to be re-petitioned by your parents once they become green card holders; they could petition you under F2B, which would be a wait of around eight years. I don't believe you'd be able to retain the priority date from the first petition, since it would be a different petitioner filing this second petition. It's a complicated question though, and you may want to consult with an experienced immigration attorney to check on that priority date retention.

There is a USCIS policy memo detailing the issue here: http://www.uscis.gov/sites/default/files/files/nativedocuments/PM-602-0094_Family-Based_Priority_Date_Retention_Final_Memo.pdf but it doesn't make easy reading.

[smartjak 0]

The NVC is right, you have aged out by over two years according to CSPA and are ineligible for a child classification any longer.

You would need to be re-petitioned by your parents once they become green card holders; they could petition you under F2B, which would be a wait of around eight years. I don't believe you'd be able to retain the priority date from the first petition, since it would be a different petitioner filing this second petition. It's a complicated question though, and you may want to consult with an experienced immigration attorney to check on that priority date retention.

There is a USCIS policy memo detailing the issue here: http://www.uscis.gov/sites/default/files/files/nativedocuments/PM-602-0094_Family-Based_Priority_Date_Retention_Final_Memo.pdf but it doesn't make easy reading.

AAhhh this is very frustrating! Any help or on providing requesting letter to NVC on why they should at least send my case to Bombay consulate and let the officer decide about giving me visa or not, please help!

Thank you for your response,.

[NigeriaorBust 4,087]

There is nothing a consular officer can do. They go by immigration law and CSPA is formula. They you a calculator like this one. Keep entering the numbers the results don't change. http://www.***removed***/cspa-calculator.do

[Boiler 45,651]

Your parents have the option of sponsoring you when they obtain PR Status.

[Hypnos 6,576]

As stated, it's pointless to ask for reconsideration by the NVC or even the embassy; you have zero chance of being able to be included on your parents' application anymore.

[RhettVoe 282]

A CO cannot unilaterally change the existing laws or regulations.