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Waiver after Immigrant Visa Denial

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Filed: Timeline

My nephew was denied visa during his interview last week. The reason indicated is:

221(g) You reached the maximum age and/or are not eligible under the CSPA.

However, he was advised to try filing a waiver (I-601) with the USCIS on the grounds that he did not exceed the age limit by much (2 months according to the interviewer). I calculated his CSPA age and it is over by 15 mos.

The cost of filing a waiver with USCIS is $585. Hiring a lawyer to work on and file the application ranges between $4500 to $10,000. The waiting time for processing is 4-6 months.

Has anyone had the same experience during their interview and advised to file this waiver? What are the chances that such waiver will be approved? Is the waiver the right avenue to appeal for reconsideration (some lawyers we consulted indicated a memo is more appropriate)?

Thanks in advance for your input/feedback.

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Filed: Citizen (apr) Country: Ireland
Timeline

I haven't heard of a waiver for aging out.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: Timeline

I haven't heard of a waiver for aging out.

You can be over by one day and you still aren't eligble for a visa. There is no hope for a waiver of the law in this regards

Thanks for both feedback. I searched the internet for similar cases when a waiver was filed on behalf of an aged-out beneficiary, the only one I found

was for an employment-based derivative and the reason used for the waiver is that the beneficiary sought to acquire (applied for) immigrant visa before the priority date retrogressed and the applicant aged out. According to the law firm the waiver was approved. Not sure if it also applies to family-based derivatives.

I attached a portion of the visa denial slip given to my nephew during his interview. Note that the reason noted (aging out) is included in the 221g (soft denial) list which according to the Waiver Criteria written at the bottom of the slip is eligible for the waiver.

I am really confused because it seems the waiver does apply to his case but not sure if anyone has done a similar waiver and how successful it was.post-194743-0-99089500-1417474618_thumb.jpg

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