Mano17

Hello Everyone! 

I have a situation where, during my NVC documentation process, the fee was requested for my daughter as well. However, while reviewing the documents, NVC excluded my daughter with the reason that she is not eligible based on her age, as she turned 21 in November 2023. In reality, during the pandemic, I applied for my I-824 to port my approved I-140 (Priority Date: March 6th, 2012). It took almost 2 years to get my I-824 approved. At that time, my daughter was below 21 years old, and my dates became current while I was waiting for my I-824 approval. (As per my attorney, she should be on the file based on this point.)

Later, NVC requested me to submit the DS-260 with all documentation, including my daughter’s. Once I received my DQ (Documentarily Qualified) letter for document completion, I realized on their website that my daughter’s name was grayed out and I couldn't access her form. Only myself and my wife were on the application process, and I am the principal applicant. During that time, I engaged an attorney to raise our concern. After careful review, the attorney adjudicated that my daughter should be on file based on the CSPA action and issued a memo to NVC with all exhibits stating why she should be on file.

NVC processed the case again, retriggered the process, and my DQ date changed from November 2023 to May 2024. My daughter’s name was also back in active mode. When we received our Interview Letter (IL), her name was listed on the letter as a dependent. At this time, the attorney is saying to just attend the interview, and we will see how the visa officer makes a decision on her case, since she is above 21 at this time.

Please let me know if anyone has experienced this kind of situation where the child was below 21 during the NVC process when the dates were current, and later the dates retrogressed and became current again at a later stage. Is she eligible under the CSPA Act?