NVC or CONSULATE? CSPA

[jrj_ph 3]

Good day!! I would like to ask a question. Who will decide whether an IR2 applicant has aged-out? Is it the NVC or the CO? Will the NVC automatically terminate the IR2 status in their ststem once the applicant gas aged-out or will still continue and CO will do the final judgment?

Your inputs will be highly appreciated.

[aleful 1,905]

hi

the final decision is from the officer that interviews at the consulate, he or she will calculate to determine if the child has aged out or not

[jrj_ph 3]

Hi thank you for the reply. i want to ask this.

This is the case of my friend.He was petitioned by her US CITIZEN parent under IR2 last 2010 when he was still 20 years old. Then, he waited for the availability of visa number from NVC. Last year, he recieved a letter from NVC stating that a visa number is currently available and whether he still wants to pursue the application. The question is, he is now 26 years old. Is he still good to go? As of this moment, he has constant contact with NVC and processes fees (AOS,etc) as what was told by NVC. in ceac website, his category is still IR2. Thanks

[aleful 1,905]

hi

he shouldn't have waited, that was wrong, since he was filed as a minor, the age freezes for a minor child of a USC, he should have gotten his GC in one year

whoever told him he had to wait was wrong

he is good to go because the petition was filed before he turned 21

[jrj_ph 3]

thank you for the reply.

Will this situation affect his interview at the consulate? will he be ground for denial for visa due to this circumstances?

[aleful 1,905]

hi

it shouldn't be, and if it is he should get an attorney and appeal, the petition was filed before he turned 21

he should have proof of that

[jrj_ph 3]

His mother has a copy of form i-130 filed when he was 20 years old. can this be a proof?

[aleful 1,905]

hi

yes, plus he should take it anyway to the interview

[jrj_ph 3]

Thank you very much for your replies elaful. Highly appreciated!! Hoping that my bestfriend's case will be successful.