Jump to content

55 posts in this topic

Recommended Posts

Filed: Timeline

Hi -

I am wondering if anyone is/was in a similar situation as we are now. Here's what happened:

1. My brother in the Philippines was petitioned by my sister under F4 category with a priority date of April 1991.

2. Four years ago (2010) the priority date became current so as his agent I gathered and submitted all application documents and paid

the fees to NVC for his family including his wife and 2 derivative beneficiaries/children.

3. One of the derivative benefiaries was only 18 when I submitted all documentations and fees in 2010.

4. The priority date for F4 retrogressed while we were waiting for notice for interview date.

5. While the visa application was dormant I kept communicating with NVC about the status and alerted them to the

fact that one of the beneficiaries wil be aging out soon. Each time they just emailed me back stating that the application

was on file and waiting for visa number to be available.

5. The priority date is now almost current but one of my nephews has aged out (22 years old). Last week I received a letter from

NVC that this nephew has aged out, does not qualify for CSPA and therefore may not be able to immigrate.

Can we contest this decision by NVC given that we already completed all applications and paid the fees back in 2010? Will a lawyer be able

to help make a case for my aged-out nephew to be allowed to immigrate with his family? Is retrogression considered delay in processing

time for this case since we were documentarily qualified in 2010? Any info or help will be appreciated.

Many thanks in advance.

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

A visa number was not available in 2010, when a visa number becomes available is the important issue. sometime later this year by the sound of it.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

~~Duplicate thread removed. Please do not post multiple threads for the same topic.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites

There is nothing you can do. Once they've aged out, that's it.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Share this post


Link to post
Share on other sites
Filed: Timeline

Thanks Boiler and Hypnos...

I feel bad for my nephew who will be left behind when his family migrates here in the US...

I wish NVC had informed us earlier (on the date or year he aged out) that he was no longer eligible for immigration.

Also the fees that I paid for his visa application, which is not cheap, is most likely not going to be reimbursed.

Imagine how many fees they received from other applicants that will not be refunded.

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

Usually fees are lost, maybe not in this case however.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
Filed: FB-4 Visa Country: Philippines
Timeline

I am 24 years old and a derivative of f4 family petition. Our priority date is current. The nvc sent us appointment letter for interview and my name is still included. I proceed to medical exam and will attend the interview. Will i will also be given visa? We have completed all requirements eg medical, iv fees and documents. Thank you very much!

Share this post


Link to post
Share on other sites
Filed: Timeline

I am 24 years old and a derivative of f4 family petition. Our priority date is current. The nvc sent us appointment letter for interview and my name is still included. I proceed to medical exam and will attend the interview. Will i will also be given visa? We have completed all requirements eg medical, iv fees and documents. Thank you very much!

You are lucky because you are included in the interview even if you have already aged out. Check the CSPA calculator because that is probably how they calculated your CSPA age and determined that you are still eligible for immigration. You will have to know your visa approval date in addition to your birthday, visa priority date and current priority date. If your CSPA age is below 21 years old, you are still eligible.

Share this post


Link to post
Share on other sites
Filed: FB-4 Visa Country: Philippines
Timeline

You are lucky because you are included in the interview even if you have already aged out. Check the CSPA calculator because that is probably how they calculated your CSPA age and determined that you are still eligible for immigration. You will have to know your visa approval date in addition to your birthday, visa priority date and current priority date. If your CSPA age is below 21 years old, you are still eligible.

I am also affected by the retrogression. I hope everything comes out OK.

Share this post


Link to post
Share on other sites
Filed: FB-4 Visa Country: India
Timeline

I am 24 years old and a derivative of f4 family petition. Our priority date is current. The nvc sent us appointment letter for interview and my name is still included. I proceed to medical exam and will attend the interview. Will i will also be given visa? We have completed all requirements eg medical, iv fees and documents. Thank you very much!

what is your priority date?

and when your case complete?

Share this post


Link to post
Share on other sites
Filed: Timeline

Google 'CSPA calculator' and it will show several links with the calculator you can use to determine if your CSPA age is below 21 years old.

Unfortunately this site won't allow me to post the links...

Share this post


Link to post
Share on other sites
Filed: Timeline

His parents could fill out I 130 once they obtained their GC. He will wait 7-8 years for GC,

Hi -

I am wondering if anyone is/was in a similar situation as we are now. Here's what happened:

1. My brother in the Philippines was petitioned by my sister under F4 category with a priority date of April 1991.

2. Four years ago (2010) the priority date became current so as his agent I gathered and submitted all application documents and paid

the fees to NVC for his family including his wife and 2 derivative beneficiaries/children.

3. One of the derivative benefiaries was only 18 when I submitted all documentations and fees in 2010.

4. The priority date for F4 retrogressed while we were waiting for notice for interview date.

5. While the visa application was dormant I kept communicating with NVC about the status and alerted them to the

fact that one of the beneficiaries wil be aging out soon. Each time they just emailed me back stating that the application

was on file and waiting for visa number to be available.

5. The priority date is now almost current but one of my nephews has aged out (22 years old). Last week I received a letter from

NVC that this nephew has aged out, does not qualify for CSPA and therefore may not be able to immigrate.

Can we contest this decision by NVC given that we already completed all applications and paid the fees back in 2010? Will a lawyer be able

to help make a case for my aged-out nephew to be allowed to immigrate with his family? Is retrogression considered delay in processing

time for this case since we were documentarily qualified in 2010? Any info or help will be appreciated.

Many thanks in advance.

Share this post


Link to post
Share on other sites
Filed: Timeline

His parents could fill out I 130 once they obtained their GC. He will wait 7-8 years for GC,

Thanks Panda123. I noticed the F2B current visa priority date for Phils. is January 2004 so it is likely he will have to wait at least 10 years

to be petitioned, that is if he is still umarried at that time (up to him).

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.
×
×
  • Create New...