F3 visa, kid got denied overage

[Pinkee16 0]

Hello i just want to ask, is there any chance where in you can file an appeal if your kid if he is overage by the the interview takes place? 😔😔

 

The case was affected when the retrogression happen 2010, but still his visa was paid in feb 2011, when he was still 16, but due to the retrogression the process took longer than expected, we tried the CSPA, but as per consular calculation he was denied, for he is already 24 now. 

 

I am hoping if we can file an appeal, and hopefully get a better result, and be able to bring my son with me. 🙏🙏🙏

 

Thanks for your suggestion and help

[Unlockable 7,306]

No appeal. He is 24. He is considered an adult. Because of that he is not qualified under certain categories. As an adult he must find his own way.

[Unlockable 7,306]

*** Moved to "Bringing Family Members of Permanent Residents to America"

 

VJ Moderation

[Pinkee16 0]

Yes he is 24, but by the time the paper came out he is still underage, so i am seeking a way if the Child status protection act is applicable to him, since it is not his fault that retrogression happen. 

[Unlockable 7,306]

What do you mean "by the time the paper came out"? What paper?

 

Can you please provide dates of the following...

Date applied

Birth date

Priority date

Date of Approval 

 

 

P.S. We know it is not his fault. But that doesn't mean it cant happen. People age out every day. I said early the US government has age limits on certain categories. Sometimes cases take a long time and the beneficiary becomes too old for that category. There is nothing you can do because you can't speed up time and you can't stop someone from getting older. It is unfortunate but it is the law. If you provide the dates maybe that is something there that the CO missed.

Edited July 26, 2019 by Unlockable

[Pinkee16 0]

2 minutes ago, Unlockable said:

What do you mean "by the time the paper came out"? What paper?

 

Can you please provide dates of the following...

Date applied

Birth date

Priority date

Date of Approval 

Birthdate: 08/27/1994

Priority date: 06/09/1995

Date of approval: 2010

[arken 4,197]

Are those dates correct? If i130 processing really took 15 years, and it became current this month then yes, CSPA age is around 10-11 years and is eligible for visa processing. You need to let USCIS know.

[Boiler 43,388]

If...

[aaron2020 11,651]

What's the first four numbers in your case number?  MNLxxxx.   That's the year the case was approved.  

You can only appeal if the US Embassy made an error in calculating your son's CSPA age.  You can not appeal if the US Embassy correctly calculated your son's CSPA age.  

 

[SusieQQQ 11,584]

5 hours ago, Pinkee16 said:

Birthdate: 08/27/1994

Priority date: 06/09/1995

Date of approval: 2010

I’m sceptical that 2010 is the date of approval because first post said “The case was affected when the retrogression happen 2010, but still his visa was paid in feb 2011“. @Pinkee16, what is the date of the i797 notice that was sent to the petitioner about this case saying “the above petition is approved” (or similar wording)? That is the approval date, it is not the date you were originally asked to send documents.

 

First post also says “we tried the CSPA, but as per consular calculation he was denied”, so it’s not like they forgot to do it or anything. One assumes they have a standard input calculator like the one we use?

 

it is all about whether the CSPA age is above or below 21. It is a simple yes/no.  If it is below your child is eligible for a visa. If it is above, there is no appeal, regardless whether fees were paid or retrogression happened. 

Edited July 26, 2019 by SusieQQQ

[Pinkee16 0]

@aaron2020 it is mnl1995

 

 

@arken the consul didnt even try to calculate it, cause he sees that he is 24yrs now,

 

 

Where should you guys think we should file an appeal for this case? 

 

Your help will be very much appreciated 

Edited July 26, 2019 by Pinkee16

[aaron2020 11,651]

Retrogression never affected this case since it was never current in 2011.

[Pinkee16 0]

@aaron2020 what does that mean then? 

[aaron2020 11,651]

5 minutes ago, Pinkee16 said:

@aaron2020 it is mnl1995

 

 

@arken the consul didnt even try to calculate it, cause he sees that he is 24yrs now, so he didnt even bother to do his computation, that is why we are soo upset about it.

 

 

Where should you guys think we should file an appeal for this case? 

 

Your help will be very much appreciated 

There you go, the case was approved in 1995.  The only way to get an MNL number from the NVC is to have an approved I-130.

 

The US Embassy did the calculation and it's correct.  Your child has aged out.  There is nothing for you to appeal.  

 

(Just because they didn't do the calculations in front of you, it doesn't mean it wasn't done beforehand.)

 

Sorry.

Edited July 26, 2019 by aaron2020

[SusieQQQ 11,584]

7 minutes ago, aaron2020 said:

Retrogression never affected this case since it was never current in 2011.

Actually, they may very well have been asked to send docs. In late 2010, Philippines cases were current for March 1995, not long before OP’s PD. See https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2011/visa-bulletin-for-october-2010.html They then regressed to 1992 in Dec 2010 and into 2011. So the case itself never got current, but it’s likely they were asked to send docs.

 

that doesn’t change the outcome though. 

 

 

Edited July 26, 2019 by SusieQQQ