F4 Interview experience and help

[Niths 1]

Hi,

 

I am sharing my experience with the hopes that someone can provide some answers and guidance. 

 

My uncle (mom's brother) filed a petition for my mom on Feb 28, 2005. At that time I was 19 years, 6 months and 9 days old so I was included in the application. On April 20, 2018, we received an email from the NVC requesting us to pay fees and upload documents to the CEAC. My name was also included as an applicant and we completed the D2-260 and submitted our application on Feb 16, 2019. 

 

A few months later (maybe around 6 months or so), I logged into CEAC and noticed that my name was no longer in their system. I called NVC and they said that I had aged out so I was removed from the application. I accepted this and moved on. 

 

On Feb 21, 2020, NVC sent an email to my mom and uncle stating the processing was complete and her application has been forwarded to the US Embassy with the appointment information. At the bottom of the email, I was also listed as an additional applicant. The email said 'Those members of your family, named below, must appear at the Embassy/Consulate General on the appointment date.' I was very confused when I saw this because I thought I had been removed from the application. I contacted the Embassy to find out if I was being considered but they did not give a straight answer. The interview was scheduled for March 27, 2020. My mom called to schedule the medical and the lady said that I am also listed so I need to do my medical as well. At this point, I thought maybe they added me back in because of the CSPA, so I did the medical, police clearance and got ready to go to Montreal for the interview with my mom. However, COVID happened and our interview was cancelled. 

 

This year, on May 7, 2021, my mom received a brief email (the one she received last year was far more detailed and lengthy) from the Visa Information Service stating that she was scheduled for an interview on June 28, 2021. Again, we paid to do the medical and police clearance and registered on their site where my name was also listed. 

 

When we arrived at the Embassy yesterday morning, security did not see my name on the list so only my mother went upstairs. I waited about 3 hours for her to wrap up and come downstairs. The outcome - the Embassy said that I am not in their system at all and therefore I am ineligible for a visa. When asked as to why my name was included as an additional applicant, in the medical and registration portal, they had no answer and said it was not from their end. I am baffled as to what happened. I have waited over 2 years for this, and paid for everything twice, only to arrive and have them tell me that I was never in the system in the first place. 

 

Could this have been an administrative error? Is there any chance I may still qualify under CSPA? I have tried attempting the calculation but I don't think I am doing it right. Should I pursue this with a lawyer? Any advise/information would be super helpful.

 

As for my mom - she needs to submit my uncle's original birth certificate and then she will get her greencard. It looks like my mom will be getting it shortly.

 

Thanks in advance!

 

 

[arken 4,197]

You were 19.5 years in 2005 when i130 was filed? Do you know when was it approved by uscis?

Edited June 29, 2021 by arken

[Niths 1]

26 minutes ago, arken said:

You were 19.5 years in 2005 when i130 was filed? Do you know when was it approved by uscis?

Yes that’s right. Where can I find the date USCIS approved it? I thought when we received the email from NVC, that’s the date we were approved. 

[arken 4,197]

5 minutes ago, Niths said:

Yes that’s right. Where can I find the date USCIS approved it? I thought when we received the email from NVC, that’s the date we were approved. 

Ask your uncle about i130 approval notice. NVC sends email regarding payment n processing when one's PD is current or about to be current. The petition could have been approved much earlier.

[Niths 1]

43 minutes ago, arken said:

Ask your uncle about i130 approval notice. NVC sends email regarding payment n processing when one's PD is current or about to be current. The petition could have been approved much earlier.

Ok, thank you, I have asked him and I’m waiting for a reply.

 

I am attaching an image of the email that was sent to my uncle on Apr 20, 2018. Can you please have a look to see if this could be the approval notice?

[SusieQQQ 11,585]

23 minutes ago, Niths said:

Ok, thank you, I have asked him and I’m waiting for a reply.

 

I am attaching an image of the email that was sent to my uncle on Apr 20, 2018. Can you please have a look to see if this could be the approval notice?

No, the approval notice would have come before this.  It is an i797 notice from USCIS (not from NVC)

[Niths 1]

2 hours ago, SusieQQQ said:

No, the approval notice would have come before this.  It is an i797 notice from USCIS (not from NVC)

Thanks.

 

The approval date was May 6, 2009. 
 

Priority date became current in Apr 2018.

[SusieQQQ 11,585]

19 minutes ago, Niths said:

Thanks.

 

The approval date was May 6, 2009. 
 

Priority date became current in Apr 2018.

Ok I’ve estimated birth date based on first post as august 1985?. The priority date needs to be current in table  A of the visa bulletin for a visa to be available so in fact it was only current in November 2018, and unfortunately you had already aged out by that stage. I do not know why they asked you to pay fees and be at the interview.

[Niths 1]

29 minutes ago, SusieQQQ said:

Ok I’ve estimated birth date based on first post as august 1985?. The priority date needs to be current in table  A of the visa bulletin for a visa to be available so in fact it was only current in November 2018, and unfortunately you had already aged out by that stage. I do not know why they asked you to pay fees and be at the interview.

Thanks SusieQQQ. Can you let me know how you calculated my CSPA age and what it was? Are there any instances when someone is aged out but can still get the visa by going through a lawyer?

[Niths 1]

Just now, Niths said:

Thanks SusieQQQ. Can you let me know how you calculated my CSPA age and what it was? Are there any instances when someone is aged out but can still get the visa by going through a lawyer?

Yes, birth date is Aug 19, 1985

[SusieQQQ 11,585]

4 minutes ago, Niths said:

Thanks SusieQQQ. Can you let me know how you calculated my CSPA age and what it was? Are there any instances when someone is aged out but can still get the visa by going through a lawyer?

No, unfortunately the law is what it is and a lawyer cannot change it.

If you do a Google search for CSPA calculator you will get a hit (I cannot post the url here), fill in the relevant dates and hit “calculate”. (11/01/2018 will be date a visa was available). If the CSPA age is over 21 at the date a visa becomes available, you are ineligible.  
 

The rough/easy way to do it is subtract the pending time (approval date - priority date) from the age when a visa was available, in your case you had about 4 years of protection so if you were over 25 when a visa was available you had aged out. (Sometimes exact dates matter and this method is too rough so proper calculation needed)

 

 

Edited June 29, 2021 by SusieQQQ

[Niths 1]

21 minutes ago, SusieQQQ said:

No, unfortunately the law is what it is and a lawyer cannot change it.

If you do a Google search for CSPA calculator you will get a hit (I cannot post the url here), fill in the relevant dates and hit “calculate”. (11/01/2018 will be date a visa was available). If the CSPA age is over 21 at the date a visa becomes available, you are ineligible. 

I found the calculator. My CSPA age is 29 which is way over. So it's likely that what happened in my case was an administrative error? Perhaps by NVC?

[Mollie09 1,543]

23 minutes ago, Niths said:

I found the calculator. My CSPA age is 29 which is way over. So it's likely that what happened in my case was an administrative error? Perhaps by NVC?

You were included by mistake, probably because you were in the system somewhere. Unfortunately that doesn't mean you get a visa.

[Niths 1]

47 minutes ago, Mollie09 said:

You were included by mistake, probably because you were in the system somewhere. Unfortunately that doesn't mean you get a visa.

Yes I figure it doesn't mean I get a visa. The unfortunate part in this is that they are so reckless with the case management and they probably couldn't care one bit to improve their process. It is what it is and we just have to deal with it. 

 

Anyway, thanks for all your help! It's been very helpful:)

[Niths 1]

I came across this post and it was a similar situation to mine. The older son had aged out but was listed in the interview letter and medical. The son showed up and had his visa approved. 

 

How does this make sense? Is it up to the interviewing officer to decide? The officer said there was no record for me at all so there was nothing they could do.