F4 Interview experience and help

[SusieQQQ 11,585]

10 minutes ago, Niths said:

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. 

Based purely on the information in that post, and assuming the OP did not unintentionally misrepresent anything, the officer made an error issuing the person the visa. CSPA is embedded in law, it is not discretionary or up to the officer to decide. It is quite possible that the person will get his green card revoked if they look at it again (for example if he applies for naturalization) and they realize it was issued in error. 
 

Are you sure no-one asked to put you back on the case? If a request comes in to do so NVC will follow it regardless of their opinion of the merits. We’ve seen this before. Other than that…then unfortunately yes it may be an error on someone’s part.

[Niths 1]

1 minute ago, SusieQQQ said:

Based purely on the information in that post, and assuming the OP did not unintentionally misrepresent anything, the officer made an error issuing the person the visa. CSPA is embedded in law, it is not discretionary or up to the officer to decide. It is quite possible that the person will get his green card revoked if they look at it again (for example if he applies for naturalization) and they realize it was issued in error. 
 

Are you sure no-one asked to put you back on the case? If a request comes in to do so NVC will follow it regardless of their opinion of the merits. We’ve seen this before. Other than that…then unfortunately yes it may be an error on someone’s part.

When I was removed from the case due to aging out, I think I had reached out to find out if we can appeal/be considered again. So perhaps they did add me back in but the Consulate did not approve my visa. 

 

When you have seen others request to be added back on the case, what was the outcome of those scenarios?

 

Thank you!

[SusieQQQ 11,585]

1 minute ago, Niths said:

When I was removed from the case due to aging out, I think I had reached out to find out if we can appeal/be considered again. So perhaps they did add me back in but the Consulate did not approve my visa. 

 

When you have seen others request to be added back on the case, what was the outcome of those scenarios?

 

Thank you!

My understanding is that NVC usually warns the applicant that it is up to them to determine if they actually qualify for a visa when adding them back. Just being listed does not mean you get a visa. The CSPA age needs to be under 21 as at the date a visa becomes for you to be eligible. We have sadly seen a number of people here get denied a visa under such circumstances - convinced they would get a visa because they were listed on the application but denied because they had aged out. There are cases where NVC has removed someone in error (turned 21 but still eligible under CSPA) and obviously those people were successful after being reinstated on the case.

[Niths 1]

1 minute ago, SusieQQQ said:

My understanding is that NVC usually warns the applicant that it is up to them to determine if they actually qualify for a visa when adding them back. Just being listed does not mean you get a visa. The CSPA age needs to be under 21 as at the date a visa becomes for you to be eligible. We have sadly seen a number of people here get denied a visa under such circumstances - convinced they would get a visa because they were listed on the application but denied because they had aged out. There are cases where NVC has removed someone in error (turned 21 but still eligible under CSPA) and obviously those people were successful after being reinstated on the case.

Ok, this makes more sense now. You're right, I must have been added back on because I requested it. We really thought it was at the discretion of the visa officer even if I had aged out. Gosh, we were so wrong!

 

Thanks for your help:)