What to do?...Grand daughter aged out while being filed for by US Citizen Grandmother.

[Virtuous45 31]

I'm writing on behalf of a friend, whose USC mother petitioned for her (my friend), her siblings and her daughter.

The petition was approved for all the beneficiaries in June 2007, at which time her daughter was 15 years old (DoB: Sept. 20, 1992). The cases were sent to NVC In 2010 and all the fees were paid and documents submitted. Case was completed in September 2010. Immediately there after, the retrogression took place, and the cases were set back to October 2014. By this time, my friends daughter is now 22.

My friend had her interview today, November 4, and very concerned for her daughter's case, she asked the IO if there was anything that could be done for her daughter at this time. She was informed that because she aged out and that she (my friend) would have to start the process over on behalf of her now 22 year old daughter.

Questions:

i. Is there anything that can be done for NVC to revisit the case file for the 22 year old, who aged out during the retrogression?

ii. If not, how soon after receiving her Green Card, can my friend put in a petition for her daughter?

Does anyone here have such an experience, and /or have advice for my friend?? She is worried about how to break the news to her daughter that she was affected due to being "aged out", and as such the process has to be done over for her.

Thanks for the usual informative advice given.

[apple21 953]

The daughter was not included in the P4 interview letter?

[Boiler 45,658]

She can petition her daughter as soon as she moves to the US.

[Virtuous45 31]

No Apple21, the daughter was not included in the letter. They returned the daughter's Birth Certificate at the interview. She was hoping that there was a route she could take to get NVC to reopen her case based on the retrogression, rather than to start the process all over for her.

Thanks for the response.

[apple21 953]

They should ask the embassy to re-open the case if they think the CSPA age is less than 21.

Google CSPA calculator. They will need the following info: i130 Priority Date, i130 Approval Date, Date the Priority Date became current in the Visa Bulletin, Date the DS230 was submitted, Child's Date of Birth.

Edited November 4, 2014 by apple21

[kzielu 1,149]

If embassy calculated CSPA age correctly, there is nothing that can be done. They can submit petition for her right after becoming residents but the wait is long...

[Virtuous45 31]

Thanks Apple21. I will forward the information to her. Failing which, my friend will have no choice but to petition for her after she arrives in the US.

[apple21 953]

If all fails, she can file i130 for her daughter as soon as she arrives in the US. Daughter will be under the F2B category. There is a 6+ year waiting period. Marriage will make her ineligible for that visa category though.

http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2015/visa-bulletin-for-november-2014.html

[Jawaree 718]

NO ! Go to legalnet .com....Kingston been messing up

and some being overturned....Email :legalnet@state.gov

or ask an atty ASAP to do it. read, read read

Edited November 5, 2014 by Jawaree

[Virtuous45 31]

Thanks Jawaree. I will command her to do just that...and will also read the link as well.

[Jawaree 718]

Tell the young lady don't get marry in the mean-time either

Lizz Cannon does free consults on phone..google her..she may

have an answer being an immigration atty

[Ian H. 207]

Hmm...How long was the I-130 for your friend pending? You said the case was sent to the NVC in 2010, was it approved in 2010 or before? They subtract the amount of time that the I-130 was pending from the age when the visa was available.

http://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act/child-status-protection-act-cspa

http://www.***removed***/immigrant-visa/cspa-calculator/