My aunt filed petition 25 years ago

[ramboy]

Good morning to all, i'm newbie here and i'm from Manila and hope you can advise me on my case.

My aunt petioned my dad (principal applicant) 25 years ago and our case
is already with the National Visa Center (NVC). In fact, we received
from NVC an immigration fee bill worth 380usd per applicant, that
includes my dad and us, their children (the derivatives). My question as
follows:

1) Are we (the derivatives) still qualified to get a visa since we are all above 21 years old, married and with children?

2) Our names in the visa fee bill appears as "nicknames". How can we change it into full names? Do we have to pay the bill first and send NVC an affidavit? Or we can arrange it here at the US embassy in Manila?

3) My dad (principal) is already old and seems not willing to travel anymore. Can we (the derivatives) travel by ourselves even without the my dad (the principal applicant)??

[susan ward]

From what I understand is no , the children are over 21years old when their parent got green card.

You should speak with an immigration attorney to see if an older prority date may apply but feel if your dad does not take up residency then he can no longer sponsor you, this is just imho not an attorney

[ramboy]

Originally Posted by susan ward

From what I understand is no , the children are over 21years old when their parent got green card.

You should speak with an immigration attorney to see if an older prority date may apply but feel if your dad does not take up residency then he can no longer sponsor you, this is just imho not an attorney

Thanks for that info Susan, i've just search the internet and have just read the new US policy on children above 21 years old. It is called the "child policy act". It says there that when the petition was approved when a child is still below 21, the child could still get a visa?? I'm not sure of this though, hope there are posters here has the same experience before we pay the immigration fee bill.

[TheRealCanadian]

Originally Posted by ramboy

i've just search the internet and have just read the new US policy on children above 21 years old. It is called the "child policy act".

There's no Act by that name; there is one called the Child Status Protection Act, or CPSA, which is what you want. The calculations involved make my head hurt and I still haven't figured them out, but there are others that may help you on this.

[Triple Citizen]

Ramboy,
A1: Use http://www.garmo.com/pdf/cspa-ailf.pdf to see if the children of your father qualify.
A2: That can be corrected by writing to NVC
A3: If your father does not get his immigrant visa, his children (that qualify via CPSA) do not get immigrant visas.

[TheRealCanadian]

Originally Posted by ramboy

Thanks for that info Susan, i've just search the internet and have just read the new US policy on children above 21 years old. It is called the "child policy act". It says there that when the petition was approved when a child is still below 21, the child could still get a visa??

Based on the link that TC has provided, I believe it works like this:

1) Take each child's age on the date the FB4 I-130's priority date became current.
2) Subtract the number of days the I-130 was pending before approval.

Is this calculated date under 21? If so, there's hope. If not, no Green Card. But as mentioned, all this is irrelevant if the primary applicant no longer intends to immigrate.

[godisgoodtome]

Originally Posted by TheRealCanadian

Based on the link that TC has provided, I believe it works like this:

1) Take each child's age on the date the FB4 I-130's priority date became current.
2) Subtract the number of days the I-130 was pending before approval.

Is this calculated date under 21? If so, there's hope. If not, no Green Card. But as mentioned, all this is irrelevant if the primary applicant no longer intends to immigrate.

That is correct, read that on the USCIS visa page sometime...

[PraetorianXI]

Originally Posted by godisgoodtome

That is correct, read that on the USCIS visa page sometime...

Where?

[LucyMO]

Originally Posted by Triple Citizen

Ramboy,
A1: Use http://www.garmo.com/pdf/cspa-ailf.pdf to see if the children of your father qualify.
A2: That can be corrected by writing to NVC
A3: If your father does not get his immigrant visa, his children (that qualify via CPSA) do not get immigrant visas.

I don't think married children over 21 would qualify for CPSA even if they don't age out.

[susan ward]

Originally Posted by LucyMO

I don't think married children over 21 would qualify for CPSA even if they don't age out.

Your correct

To be protected by cspa the adult/child should remain unmarried to benefit

[susan ward]

Originally Posted by TheRealCanadian

Based on the link that TC has provided, I believe it works like this:

1) Take each child's age on the date the FB4 I-130's priority date became current.
2) Subtract the number of days the I-130 was pending before approval.

Is this calculated date under 21? If so, there's hope. If not, no Green Card. But as mentioned, all this is irrelevant if the primary applicant no longer intends to immigrate.

Yes,

and also the visa numbers must be current also and beneficiary must file I 485 within one year of I 130 aprroval also

[ramboy]

Thanks a lot friends for the advice. I really appreciate it. It is I guess clear in the CSPA that a married derivative is not anymore qualified for a visa. Am just wondering why NVC sent all of us a visa fee bill when we already age out?? Aside from the fact that they don't even ask us if we are married or still single? That means even if we pay the visa fee, we will all be denied..

[TheRealCanadian]

Originally Posted by ramboy

Am just wondering why NVC sent all of us a visa fee bill when we already age out??

It's simpler for them to send out all the paperwork. I agree that there's an unfortunate possibility of someone ineligible sending money and being denied, but I am sure you would agree that it's better to have that option, than for NVC to mistakenly believe you are no longer eligible when you still are.

[ramboy]

Here's what I get from NVC just now with my same question:

Quote:

Dear Sir,

Your inquiry has been received at the National Visa Center (NVC).

The NVC is unable to honor your request to change the applicant's name,
as a copy of the applicant's passport containing the applicant's
current name was not received. If you wish the name to be changed, please
submit a copy the biographical page of the applicant's passport.

The NVC is unable to process any additional derivative beneficiaries
with this case without proper documentation. Please send a copy of the
birth certificate for the spouse/child, which has been added to this
petition.

"Legal custody" means the assumption of responsibility for a minor by
an adult under the laws of the state and under the order or approval of
a court of law or other appropriate government entity. This provision
requires that a legal process involving the courts or other recognized
government entity take place. If the adopting parent was granted legal
custody by the court or recognized governmental entity prior to the
adoption, that period may be counted toward fulfillment of the two-year
legal custody requirement. However, if custody was not granted prior to
the adoption, the adoption decree shall be deemed to mark the
commencement of legal custody. An informal custodial or guardianship document,
such as a sworn affidavit signed before a notary public, is
insufficient for this purpose.

There is a law, the Child Status Protection Act (CSPA), which applies
to a narrow range of cases that may allow the beneficiary's son or
daughter to remain eligible under this petition. At the time of the parent's
visa interview, the consular officer will determine whether or not
CSPA is applicable in this particular situation.

Sincerely,
National Visa Center
CPH

Unquote:

What do you think guys?? Do we still have a chance??

[LucyMO]

Originally Posted by ramboy

The NVC is unable to honor your request to change the applicant's name,
as a copy of the applicant's passport containing the applicant's
current name was not received. If you wish the name to be changed, please
submit a copy the biographical page of the applicant's passport.

what in the world did you ask them to do in your request to them?

[Al Southner]

Hi

Couldn't you just let the petition just go away and be buried at the Arlington National Cemetary? Some petitions are better left with the dead.... A 25 year old petition is one for the record book... I didn't know that USCIS was in existence 25 years ago... didn't people just come over by boat and be given greencards by the shores...

Just find another way to get the papers... like save a bald eagle or invent a weight loss machine... which allow people to lose weight by passing gas...

[TheRealCanadian]

Originally Posted by Al Southner

A 25 year old petition is one for the record book.

Don't forget that some categories take 20-22 years to become current, and FB4-Philippines is one of them.