Derivative beneficiary not elibgle 4 Immigration Due to Termination of the Case

[fawad112]

Hi,

Previous Information about are process.
I received the interview letter today. It is scheduled on 20th November 2008. It is a family based visa petitioned by my Uncle (Mother's Brother). He applied for my mother and I am the derivative beneficiary. Our priority date became current in 2003 and the procedure begun. We sent the documents but it was taking some time in the mailing process in Pakistan. We also didn't give much importance as 2 of my brothers were aged out and my parents didn't want to go. The case was terminated in 2006. I got engaged to a LPR (premenant Residence) and he called NVC to open our case again and they did. This time me and my mother sent all the documents fees and everything and our case was completed on 12th September 2008. On 14th October we received Interview Letter.

The Problem
The interview letter doesn't have my name on it. Only my mother’s name was there. My fiancé called NVC to ask about this and they said due the termination in 2005, beneficiary daughter is not eligible and they have decided it after our case was complete that is after 12th September 2008. Before this they themselves asked for my documents with my name on the letters, they asked for my Fee Bill, there was a correction in the name and the corrected and sent the confirmation letter. It is just unbelievable. I am not sure what happened that they decided not to include me. They said we have completed the case and now the Consular at Islamabad Embassy can decide what to do. I can't go in the embassy as my name is not in letter . Can anybody help or explain what happened there. They said your mother should explain this infront of the consular. I also wanted to know of the DOS or NVC can explain further the reason behind it. and if I am not eligible because our case was terminated why did they send the interview letter for my mother ?

Thanks

[fawad112]

anyone

[envision]

How old are you? Have you aged out? you said you are now engaged, maybe that plays into it. You need to consult with an immigration attorney before the interview.

[TheRealCanadian]

Originally Posted by envision

How old are you? Have you aged out?

Likely, and CPSA won't help since they waited over a year since the PD became current.

you said you are now engaged, maybe that plays into it.

Nope, being married is like being pregnant. Either you are, or you aren't.

[fawad112]

I turned 21 this August and i was still under 21 when I submitted all the documents. I am engaged and in Pakistan and in our religion it is not at all like marriage. It is like we and our family has decided that we will get marry but after I come to USA. SO i think being engaged can't be the reason. and i know about the CSPA and if you want 1 year to apply then it won't help/ But i just turned 21 and i think this rule and CSPA doesnt have to do anythign with me .

[Triple Citizen]

Perhaps the consulate has made the determination that you have aged out.

Originally Posted by fawad112

I turned 21 this August and i was still under 21 when I submitted all the documents.

What? I am from Pakistan and I am totally clueless to the point you are trying to make here!!!

Originally Posted by fawad112

I am engaged and in Pakistan and in our religion it is not at all like marriage.