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We did not make it, my brother is only 22 and im 25,

Sorry to hear this. Good luck to you and your brother. My nephew was left behind in the Philippines (his parents immigrated last month) but he is now 23 so he should be old enough to care for himself. We did not pursue the waiver that the embassy staff recommended during the interview, we consulted with some lawyers here in the US and they have not handled a similar case before. I can file the waiver without a lawyer but it will just be a waste of the approx. $600 fee. This whole immigration process sucks, they make you go through all the pains of securing and providing the necessary documents and paying the hefty immigrant fees and medical exam fees, raising your hopes and expectations, only to be denied during the interview. You can just imagine how heartbreaking that is to the applicants and their beneficiaries.

Hi I just want to know.. I'm 23 y/o right now.. Priority date of my father was Feb, 2, 1991.. I don't know what's the meaning of case creation date but it was dated April 17, 1991.. Petition got approved last September 14, 2011 .. We received an interview letter August 12, 2014 to our surprise I was still included even if i'm 22 that time.. BTW.. Oct. 5, 1991 was my birthday.. our scheduled interview was rescheduled to January 5, 2014.. I just want to know the odds i'm facing.. so that I can prepare for the worst..

Why is your petition approval date 20 years after the petition was filed? Are you sure about that? If the petition was filed on Feb 2, 1991 it would make more sense if the approval date is April 17, 1991.

If we use April 17, 1991 as the petition approval date your CSPA age is 22 years, 7 mos. and 24 days which means you have already aged out. My nephew was interviewed last month (Nov. 24) and denied visa because his CSPA age is 22 years and 3 months. He was told to apply for a waiver which costs $585 without a lawyer. We still don't know if it's worth pursuing it because there is no guarantee the waiver will be approved (and if it is the appropriate course of action for his case). Hiring a lawyer will cost at least $4000 here in the US.

Good luck with your interview. It is very infuriating to go through all the application process, payment of fees ($500+), medical and interview only to be denied because you have aged out, which they should already have considered before they scheduled your interview.

I haven't heard of a waiver for aging out.

You can be over by one day and you still aren't eligble for a visa. There is no hope for a waiver of the law in this regards

Thanks for both feedback. I searched the internet for similar cases when a waiver was filed on behalf of an aged-out beneficiary, the only one I found

was for an employment-based derivative and the reason used for the waiver is that the beneficiary sought to acquire (applied for) immigrant visa before the priority date retrogressed and the applicant aged out. According to the law firm the waiver was approved. Not sure if it also applies to family-based derivatives.

I attached a portion of the visa denial slip given to my nephew during his interview. Note that the reason noted (aging out) is included in the 221g (soft denial) list which according to the Waiver Criteria written at the bottom of the slip is eligible for the waiver.

I am really confused because it seems the waiver does apply to his case but not sure if anyone has done a similar waiver and how successful it was.

My nephew was denied visa during his interview last week. The reason indicated is:

221(g) You reached the maximum age and/or are not eligible under the CSPA.

However, he was advised to try filing a waiver (I-601) with the USCIS on the grounds that he did not exceed the age limit by much (2 months according to the interviewer). I calculated his CSPA age and it is over by 15 mos.

The cost of filing a waiver with USCIS is $585. Hiring a lawyer to work on and file the application ranges between $4500 to $10,000. The waiting time for processing is 4-6 months.

Has anyone had the same experience during their interview and advised to file this waiver? What are the chances that such waiver will be approved? Is the waiver the right avenue to appeal for reconsideration (some lawyers we consulted indicated a memo is more appropriate)?

Thanks in advance for your input/feedback.

Oh yeah, definitely cutting it close. I will only resched it if I have the medical results already, so from there will do plan B if it won't work. Will stick to plan A first since I really want to spend Christmas in the US as fiance and his family are very excited already to spend Christmas with them. The next early sched will be on December already and spending Christmas with them would not be possible, I guess.

About your sis in law's interview, there are some who actually did that (went to interview without the principal) due to the sputum exam. Maybe try to call or email slec and ask them or the embassy?

I hope you clear your medical exams (including sputum test) next week so you can do the interview on the 24th. It's actually the same interview date as my brother and his family so you might see them there

St. Luke's staff actually told my sister-in-law she has to reschedule her interview because of the sputum test, but my brother and their sons can proceed with theirs as scheduled. We are not sure how difficult it will be to do that (having separate interview dates). Can she call the embassy to cancel just her appointment without cancelling the entire family appointment altogether? Can she do it online?

I was called by slec last week exactly 7 weeks of my culture test to inform that they have supplier issue and it will be 9 weeks for the result. I am exactly 8 weeks today and hoping it will be negative. Problem is I set my interview on the 24th, Monday and the culture result will be on 21, Friday cos of the delay. Waaah! They said I can still make it to the interview, fingers crossed.

There are some people I met there that have same case with your sis in law. The principal and other beneficiaries proceeded to the interview without them and were issued visas. So best if they will just proceed with the interview without her cos clock is ticking and the medical will expire (don't want to pay again fees for all of them). She can reschedule (I read that slec won't resched anymore) after the result. I think if she is negative, they can still go to US together as the 6 months from medical is still valid but she have to go to interview by herself as what others did.

Wow, you are definitely cutting it close with your interview date. Why not play it safe and reschedule it to a later date, especially since you only have a couple of days (and on a weekend to boot) between the scheduled release of your sputum test and your appointment at the Embassy? Hope everything works for you in the end.

Really appreciate the info/suggestion you provided regarding our case. I think it makes a lot of sense. I just wasn't sure if

my sister-in-law can have her own interview without the principal applicant (my brother). Thanks again.

I read about the sputum supply shortage also. I think that's fixed as there were a lot of people doing sputum samples yesterday at SLEC.

With all the sputum cultures currently being grown at St. Lukes their lab must be the size of a farm now

I don't think they will release the results January 1 if she is doing the sputum test next week. That would overly optimistic. I would think the sputum results would be released approximately January 20th if negative. If positive SLEC will most likely call sooner. We were notified 3 weeks after sputum test.

If positive then plan on a 9 month delay. The first two months to get the diagnosis and then to start the DOT. Then 6 months of DOT followed by 1 month of waiting on the final sputum that is taken at the end of the 5th month of DOT. That has to sit for two months, then into the 7th month there's redoing medical, consultation at SLEC followed by orders to return at a later date to pick up paperwork.

If the interview turns out to be August 2015 then it seems like USEM should require 2014 tax and W-2 documents, but I'm just guessing on that.

I don't know how all that would play into the others traveling with her.

Thanks for the info, Luckytwo15. Indeed, the 6-week sputum test schedule seems very unlikely, especially after reading in this forum that there is currently a delay in the supply/delivery of St. Luke's sputum testing materials.

Wow, a positive test result can delay the interview by 9 months?? I hope my sister-in-law's result will be favorable considering hers is only a scar from previous infection more than 25 years ago....

Need to know what their interview options are. Can they reschedule her interview at a later date but keep the original interview for the rest of her family so they will be issued visas right away? Does the principal applicant have to accompany her during the interview? Can she request a follow-to-join status? Or is it best that they reschedule their interview when all of them are medically cleared?

My brother (principal applicant) and his family (wife and 2 sons) had their medical exam at St. Lukes last Monday (Nov. 10). After the chest X-rays, his wife was instructed to undergo the sputum test/culture for three consecutive days next week. My brother and nephews are all clear and received their CD's after the tests.

Questions:

1. Should they cancel their interview (scheduled for Nov. 24) or proceed without his wife? Is it possible for the wife to have a separate interview without the principal applicant after the sputum test results are released?
2. St. Lukes indicated they will not cancel or reschedule the interview for them. Did they change their procedures? How many days before the interview can they cancel? Can they reschedule it without getting the results of the sputum culture? What's the best way way to cancel and reschedule the interview (phone, website, etc?)
3. My sister-in-law was told the results of the sputum culture will be released on Jan. 1 (approx 6 weeks after the samples are taken). Is this possible knowing it normally takes 8 weeks for the test to be completed?
4. If their interview is pushed back to early next year, do they have to get their sponsor's 2014 ITR and W2 instead of the 2013 documents?

Thanks for your help!

For a married woman do an AKA for other names used.

Hank -- This is how the name is written on the NBI clearance form, do you think this is OK (as opposed to using AKA)?

A de B, C y D

where

A = Married Last Name

B = Maiden Last Name

C = First Name

D = Maiden Middle Name

Under 16 at the time of the interview.. NBI is not needed.

This whole NBI clearance requirement is a bit unsettling. Does the statement below mean that all married women should apply for NBI clearance under their married, maiden and nicknames, and those names should be clearly written on the clearance form?

Clearances should be in the applicant’s current name, birth certificate name, maiden name and any aliases or nicknames used, including different spellings you have used of those names

I guess I'm confused about all this NBI clearance stuff. My wife got an NBI clearance on 2/3/14. It says it's for travel abroad and it also says no criminal record. If my wife has never had a case or criminal record, does she also have to get this letter of explanation that explains why it says "no criminal record"? What should it say if she has no past cases, pending cases or has never been in trouble with the law? Or is this NBI clearance fine the way it is for her i130 immigration Visa interview?

Thanks in advance.

See below from the Immigrant Visa Interview Instructions on the US Embassy Manila website. Also read all comments on this thread.

6. NBI CLEARANCE. Applicants aged 16 years and older must have a valid Record Clearance for Travel Abroad Purposes from the National Bureau of Investigation (NBI). Clearances should be in the applicant’s current name, birth certificate name, maiden name and any aliases or nicknames used, including different spellings you have used of those names. An official letter of explanation from the NBI is required for any notation of “No criminal record” or "No pending case”. For immigration purposes, an NBI clearance is valid for one (1) year from the date it was issued. The NBI web site is http://www.nbi.gov.ph.

NO, as long as it is the green version of the form you are fine, quite often when NBI knows you are applying for a visa they print that on the form instead of for TRAVEL ABROAD.

Per the embassy instructions letter (slow down and read the embassy instructions letter):

d. NBI CLEARANCE (Green Form). Applicants aged 16 years and older must have a valid Record

Clearance (for travel abroad purposes) from the National Bureau of Investigation (NBI). Clearances should

be in the applicant’s current name, birth certificate name, maiden name and any aliases or nicknames used,

including different spellings you have used of those names. An official letter of explanation from the

NBI is required for any notation of “No criminal record” or "No pending case”. For immigration

purposes, an NBI clearance is valid for one (1) year from the date it was issued. The NBI website is

http://www.nbi.gov.ph.

Hank - One of my nephews is turning 16 in January 2015, their interview date is scheduled for Nov. 24, would you advise that he gets an NBI clearance as well? Or does NBI only issue clearance for those above 16 years old? Thanks.

That I don't know. Were they notated as all traveling together on any documents? That might give the embassy info to process all together.

Hank - I think visa issuance for my brother's derivatives will be placed on hold as well because they will be interviewed together as a family...

No. NBI sends documents over to the embassy once a week, once the letter is matched up with your case file it will be reviewed again, if all is fine things will proceed toward ISSUED. Just watch the CEAC website for updates.

This is good to know. So the CEAC website will indicate if the visa has been issued?

Are the derivatives (wife and children) of my brother also affected by the delay, meaning does everyone have to be approved before the individual visas are issued?

Thanks for the very quick response, Hank! No doubt you deserve the tribute bestowed upon you on this forum :-)

Does he have to come back for another interview when the explanation letter is received by the USEM?

Expect close to a month delay with the NBI letter needed, as long as there are no issues noted in the NBI letter all should be fine.

My brother has a similar situation, his NBI clearance says 'No criminal record'. I asked him to get a letter of explanation from NBI because the US Embassy will require it during his interview. However NBI told him the request for the letter of explanation should come from the US Embassy. Is this the case? Is it not possible to get the letter directly from NBI?

  They want proof that the children are single. Won't hurt to bring the CEMAR for your brother and wife too just in case. You can even order both online (more expensive) but IMO worth it.

That's what I thought. Thanks again, Yannix.

And also bring a cenomar for the aged out child (22yo nephew). They will ask for that.

So they only asked the CENOMAR of the children, not the parents? I read in this forum that even the parents need to get a CENOMAR (Advisory of Marriage) on top of their marriage certificate, so I instructed my brother and his wife to each obtain this certificate from the Census Office in Manila.

And also bring a cenomar for the aged out child (22yo nephew). They will ask for that.

So they only asked the CENOMAR of the children, not the parents? I read in this forum that parents need to get the CENOMAR (Advisory of Marriage) on top

of their marriage certificates, so I asked my brother and his wife to each obtain this certificate from the Census Office in Manila.

Honestly, i don't know our approval date. Try to contact nvc or try to open the situation during the interview. I knew someone during our medical who said that she told the filipina consul or pre screening personnel that her child (25yo) was able to pay everything eg iv fees back in 2010 prior to aging out. They reviewed and her child was given an interview date. I just don't know if they got approved already.

We did pay the IV fee for this beneficiary back in 2010 prior to retrogression. I sent an email to NVC inquiring about their decision not to include him in the interview but no response for 2 weeks now. I will ask my brother to bring this up during their interview, who knows my nephew might still get an interview. Thanks for this info,

 I know how you feel about this. A good way to think about this, it's a US Embassy Manila requirement as opposed to NVC. You're done with NVC and you've moved on and dealing with a different entity now. Each embassy can have it's own set of things it requires from applicants that's why it's important to check. Looking at the bright side, at least you knew about it before your interview as opposed to later

Thanks Yannix. Hope there's nothing else I'm missing. That's why this forum is very helpful.

From the USEM website:

If you are asked to reschedule your interview because your DS-260 is incomplete, please note that the next available appointment may be three to six weeks after your original appointment. To avoid lengthy delays, please complete the DS-260 well in advance of your interview date.

Thanks, I am in the process of filling out the DS-260 online. Just wish NVC had indicated that in the interview letter because a lot of applicants who were affected by the retrogression and had submitted the DS-230's several years back would think they need not fill out the online applications anymore.

Yes they talked about my age, together with my brother (22yo). At first, we did not undergo the biometrics with my parents since we are over age. They said they still have to review our case, we waited for about 2hours in the embassy and they called again our number. The english man told us we can have our biometrics. Our papers were checked then let us sign a contract indicating we will not marry prior to POE. We had the interview with consul then we got approved.

We have the exact same situation, my 2 nephews in the application 4 yrs ago are now 22 and 24, but only the 22 yr old was included in the interview letter. So you are now 24 and they still included you in the interview letter? If I may ask, what are your visa priority date, visa approval date and birthdate? When did your priority date become current? Just want to check what your CSPA age is for comparison purposes. I don't think my 24-yr old nephew will go to the interview because he is not listed in the NVC letter, I calculated his CSPA age and it is 21 yrs 10 days,

so he is slightly over the 21 yr cut-off.

  No but you have to bring updated versions of them if they are expired. The USEM link above will tell how "fresh" the documents have to be to be accepted by USEM.

Thanks! Yes, we will bring the updated documents along with the old ones.

No. You just need to have the original documents during the interview.

Fair enough. Thanks.

How about the IV (Immigrant Visa) delivery address, do we have to register to that website too?

By the way, congrats on getting your F4 visa. Did they talk about your age during the interview?