CSPA denial

[movalca 0]

I spoke with NVC and was told the children of my brother were determined to be over 21 for the purposes of the CSPA. Is there any way to appeal or challenge that determination?

[f1660114 18]

Have you tried this? http://www.***removed***/immigrant-visa/cspa-calculator/

 

If you strongly believe your niece/nephew qualifies CSPA while NVS staff says otherwise, it will be your best bet to apply for CSPA determination at your local US Embassy or Consulate when you are due the interview in 5 days. You then need to pay $325 (non-refundable) before they interview your niece/nephew for CSPA.

[movalca 0]

I filled in the dates as best I could and it says my nephew is eligible.

[f1660114 18]

3 hours ago, movalca said:

I filled in the dates as best I could and it says my nephew is eligible.

So you should try it at the interview stage. Don't try at NVC stage anymore. Like I said, wait until 5 days before interview date, contact your US Embassy or US Consulate and request for CSPS determination. They will make you/your brother/agent file DS-260 for your brother's kid and pay $325 to do that. Remember to include the CSPA child onto the I-864 form as well so you did not have to add them later on thus delay your case's approval.