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Virtuous45

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

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Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline

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.



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April 2, 2014: I-130 Filed with Chicago Lockbox

April 7, 2014: Packaged received by USCIS

April 8, 2014: Received NOA 1

Sept. 17, 2014: Received NOA 2. Case APPROVED with no RFEs

Oct. 17, 2014: Case # Assigned by NVC (Same day case was received, according to Julian # calculation)

Oct. 21, 2014: Received letter from NVC

Oct. 22, 2014: DS-261 completed and submitted to NVC

Oct. 31, 2014: Paid AOS invoice


Dec 08, 2014: Sent in IV & AoS packages

Dec 11, 2014: Package received by NVC

Dec 12, 2014: Received email from NVC acknowledging receipt. I assume this is our scan date

Dec 25, 2014: Paid IV bill

Dec 29, 2014: Funds deducted from bank account. DS-260 became available, and was completed

Dec 30, 2014: Submitted DS-260

Feb. 12, 2015: Case Complete with NO checklist! whoot, whoot!

Mar. 25, 2015: Received P4. Interview

April 29,2015: Completed medical examination

May 13, 2015: Interview Date APPROVED :dancing:

May 19, 2015: Received Package

Oct. 22, 2015: Travelled to my new home :) (In order to get IR-1 Green Card) Expiration date on IR-1/CR-1 Visa - Oct. 29, 2015

Nov 10, 2015: Received Social Security Card

Jan 4, 2016: LPR Green Card arrived.

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Filed: K-1 Visa Country: Wales
Timeline

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


“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.”

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Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline

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.



event.png


April 2, 2014: I-130 Filed with Chicago Lockbox

April 7, 2014: Packaged received by USCIS

April 8, 2014: Received NOA 1

Sept. 17, 2014: Received NOA 2. Case APPROVED with no RFEs

Oct. 17, 2014: Case # Assigned by NVC (Same day case was received, according to Julian # calculation)

Oct. 21, 2014: Received letter from NVC

Oct. 22, 2014: DS-261 completed and submitted to NVC

Oct. 31, 2014: Paid AOS invoice


Dec 08, 2014: Sent in IV & AoS packages

Dec 11, 2014: Package received by NVC

Dec 12, 2014: Received email from NVC acknowledging receipt. I assume this is our scan date

Dec 25, 2014: Paid IV bill

Dec 29, 2014: Funds deducted from bank account. DS-260 became available, and was completed

Dec 30, 2014: Submitted DS-260

Feb. 12, 2015: Case Complete with NO checklist! whoot, whoot!

Mar. 25, 2015: Received P4. Interview

April 29,2015: Completed medical examination

May 13, 2015: Interview Date APPROVED :dancing:

May 19, 2015: Received Package

Oct. 22, 2015: Travelled to my new home :) (In order to get IR-1 Green Card) Expiration date on IR-1/CR-1 Visa - Oct. 29, 2015

Nov 10, 2015: Received Social Security Card

Jan 4, 2016: LPR Green Card arrived.

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Filed: F-2A Visa Country: Philippines
Timeline

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 by apple21

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Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline

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.



event.png


April 2, 2014: I-130 Filed with Chicago Lockbox

April 7, 2014: Packaged received by USCIS

April 8, 2014: Received NOA 1

Sept. 17, 2014: Received NOA 2. Case APPROVED with no RFEs

Oct. 17, 2014: Case # Assigned by NVC (Same day case was received, according to Julian # calculation)

Oct. 21, 2014: Received letter from NVC

Oct. 22, 2014: DS-261 completed and submitted to NVC

Oct. 31, 2014: Paid AOS invoice


Dec 08, 2014: Sent in IV & AoS packages

Dec 11, 2014: Package received by NVC

Dec 12, 2014: Received email from NVC acknowledging receipt. I assume this is our scan date

Dec 25, 2014: Paid IV bill

Dec 29, 2014: Funds deducted from bank account. DS-260 became available, and was completed

Dec 30, 2014: Submitted DS-260

Feb. 12, 2015: Case Complete with NO checklist! whoot, whoot!

Mar. 25, 2015: Received P4. Interview

April 29,2015: Completed medical examination

May 13, 2015: Interview Date APPROVED :dancing:

May 19, 2015: Received Package

Oct. 22, 2015: Travelled to my new home :) (In order to get IR-1 Green Card) Expiration date on IR-1/CR-1 Visa - Oct. 29, 2015

Nov 10, 2015: Received Social Security Card

Jan 4, 2016: LPR Green Card arrived.

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Filed: F-2A Visa Country: Philippines
Timeline

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

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Filed: IR-1/CR-1 Visa Country: Jamaica
Timeline

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



event.png


April 2, 2014: I-130 Filed with Chicago Lockbox

April 7, 2014: Packaged received by USCIS

April 8, 2014: Received NOA 1

Sept. 17, 2014: Received NOA 2. Case APPROVED with no RFEs

Oct. 17, 2014: Case # Assigned by NVC (Same day case was received, according to Julian # calculation)

Oct. 21, 2014: Received letter from NVC

Oct. 22, 2014: DS-261 completed and submitted to NVC

Oct. 31, 2014: Paid AOS invoice


Dec 08, 2014: Sent in IV & AoS packages

Dec 11, 2014: Package received by NVC

Dec 12, 2014: Received email from NVC acknowledging receipt. I assume this is our scan date

Dec 25, 2014: Paid IV bill

Dec 29, 2014: Funds deducted from bank account. DS-260 became available, and was completed

Dec 30, 2014: Submitted DS-260

Feb. 12, 2015: Case Complete with NO checklist! whoot, whoot!

Mar. 25, 2015: Received P4. Interview

April 29,2015: Completed medical examination

May 13, 2015: Interview Date APPROVED :dancing:

May 19, 2015: Received Package

Oct. 22, 2015: Travelled to my new home :) (In order to get IR-1 Green Card) Expiration date on IR-1/CR-1 Visa - Oct. 29, 2015

Nov 10, 2015: Received Social Security Card

Jan 4, 2016: LPR Green Card arrived.

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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/


This does not constitute legal advice.

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