CSPA - is it an (online) system Issue?

[wealtz 0]

Hello, visa-journey-experts! I've been combing through the threads about this, but didn't quite find the very similar situation... 

 

Scenario:

Family-based petition: US citizen petitioned her brother and his family (spouse and son)

Son birth year: 1994, unmarried 

Priority date: Nov 2002 

NVC (Visa Case Creation) Letter: Mar 2021

Country: Philippines

 

Everything now is online. The Principal, wife and son were all in the system at the time we paid for AOS and IV (for all 3). Shortly after, I noticed that the Son's line item was removed from the system. Neither one of us (petitioner and applicants) had removed it (that option is on the website). Naturally, we re-added him and got a rejection immediately after that saying he doesn't qualify under CSPA. Called the customer service line, but that yielded to unfruitful discussion, as their answer says "he doesn't qualify for CSPA". 

 

Given all the information, here are the questions:

1. Is the "Approval Date" the same as NVC Letter Date? 
2. The son still is covered by CSPA, isn't he?
3. If so, how do we best rectify the son's application? 
4. Had anyone experienced the same? did you find out why the applicant was removed?

 

Any advice would be appreciated. If I missed other info, just let me know. 

Edited July 1, 2021 by wealtz

[SusieQQQ 11,586]

The approval date is that on the i797 approval notice - this is what is sent to you by USCIS before the case is sent to NVC.  This was likely to have been received by the petitioner years ago. Can you check that date?

 

 

Edited July 1, 2021 by SusieQQQ

[wealtz 0]

++Info:
 

Approval Date: August 2005 

[SusieQQQ 11,586]

1 minute ago, wealtz said:

++Info:
 

Approval Date: August 2005 

Then the son has aged out. He gets around 3 years of protection under CSPA (2005-2002) and is around 27 now, so his CSPA age is around 24. It’s a clear age out so exact dates don’t matter - he needs to be under 21 in CSPA terms when a visa is available (= when the priority date is current).

[wealtz 0]

3 minutes ago, SusieQQQ said:

Then the son has aged out. He gets around 3 years of protection under CSPA (2005-2002) and is around 27 now, so his CSPA age is around 24. It’s a clear age out so exact dates don’t matter - he needs to be under 21 in CSPA terms when a visa is available (= when the priority date is current).

Thanks @SusieQQQ. 

Would you know/advise:   What's the best alternative in this case? Have the principal applicant and spouse get visa (assuming approved, then) enter the US and file for him? Also, since the son's IV was paid, how do we get a refund for his application?

 

[Boiler 45,658]

Assuming he is single and remain so a LPR can file for an unmarried so.

 

If he marries than you will have needed to have Naturalised first to keep this petition but can file again.

 

Not aware of refunds been given.

[arken 4,197]

IV fees are non refundable. It's up to the applicant to determine eligibility before starting NVC process.

 

Timeframe for son after the parents immigrate and petition him

11-12 years to immigrate if remain unmarried

26-28 years if marries