Daughter aging out issue

[BetaPhaggot]

I'm a dv2015 winner, i have a daughter whose birthday is August 2nd,1993, when i submitted the e-dv application on October 1st 2013 she was 20 years and 2 months old, she has just turned 21 a few weeks ago she technically she is now ineligible but i read something called child status protection act.

My CN is AS13,6xx which means I'll get my interview approximately in August or September next year, by then she will be 22 years

Does CSPA apply to her case? Should i bring her to the interview because if she has aged out than there's no need to bring her to the interview as it will be a waste of $330? If i bring her will the ceo reject her visa ?

Thanks

 

[SusieQQQ]

Hi,others here have the exact calculation they can link it to, but I think if you are only interviewing in a year she will have aged out. As I recall the leeway for DV ends up being something like a little over 200 days.
And yes if she has aged out she cannot get a visa so don't waste money on medicals, visa fees etc.

 

[Britsimon]

Yes, As SusieQQQ said, the CSPA allows about 211 days for lottery cases. So, she will age out by about Jan/Feb. so, if you had a low number she would be ok, but with your number it will come too late.

You might want to consider what temporary visas she could obtain BEFORE you submit your DS 260, or at least before your interview. Once you have the GC it will raise suspicion that her temporary visa is purely to get her back with the family and she intends to immigrate.

 

[BetaPhaggot]

So what should i do? Why don't they freeze her age until my number becomes current? They surely like to separate families don't they

 

[Sm1smom]

So what should i do? Why don't they freeze her age until my number becomes current? They surely like to separate families don't they

You're lashing out unnecessarily! The line has to be drawn at a certain point, there are rules in place for freezing age-out kids. Anyone who feels the process is unfair and that they derive pleasure in separating families is free to stay back in their home country I believe. Harsh words, I know, but it's the truth.

 

[EURO2014]

So what should i do? Why don't they freeze her age until my number becomes current? They surely like to separate families don't they

Seriously consider following Britsimon's sound advice on filing for a temporary visa category for your daughter now. Once you are in the US under LPR status, then file Form I-130 for your daughter (F2B priority date).

 

[BetaPhaggot]

You're lashing out unnecessarily! The line has to be drawn at a certain point, there are rules in place for freezing age-out kids. Anyone who feels the process is unfair and that they derive pleasure in separating families is free to stay back in their home country I believe. Harsh words, I know, but it's the truth.

Don't you find it silly that when i submitted the e-dv application she was clearly under 21 years old... It is not my fault that she ages out as i have no control over ny case number, why don't they freeze her age during the waiting period from may 1st - the day your cn goes current

Im not trying to come across as whiny but seriously what's the purpose of this supposedly "line has to be drawn rules"?

 

[EURO2014]

Don't you find it silly that when i submitted the e-dv application she was clearly under 21 years old... It is not my fault that she ages out as i have no control over ny case number, why don't they freeze her age during the waiting period from may 1st - the day your cn goes current

Im not trying to come across as whiny but seriously what's the purpose of this supposedly "line has to be drawn rules"?

What Sm1smom is telling you is that DV rules are applicable to everyone and are well communicated. One might not agree with them and/or like them, yet that is another story...

 

[Britsimon]

Don't you find it silly that when i submitted the e-dv application she was clearly under 21 years old... It is not my fault that she ages out as i have no control over ny case number, why don't they freeze her age during the waiting period from may 1st - the day your cn goes current

Im not trying to come across as whiny but seriously what's the purpose of this supposedly "line has to be drawn rules"?

Unless you had already been aware of the CSPA, you entered a lottery when she was under 21 but knowing she would turn 21 before she could possibly have benefited from your selection. You knew that - correct? Now the CSPA, actually turned that no hope situation into one with a window of hope (if your number had been low enough) - but it was a lottery and you were not one of the early ones drawn from the hat - and so unfortunately you won, but your daughter didn't.
They aren't trying to split any families up - that is up to the person entering the lottery. No one to is trying to add to your upset - but the choice is yours. Again - I suggest you consider the temp visa route - as that could keep you all together and then give you a way to sponsor her later.

 

[BetaPhaggot]

Unless you had already been aware of the CSPA, you entered a lottery when she was under 21 but knowing she would turn 21 before she could possibly have benefited from your selection. You knew that - correct? Now the CSPA, actually turned that no hope situation into one with a window of hope (if your number had been low enough) - but it was a lottery and you were not one of the early ones drawn from the hat - and so unfortunately you won, but your daughter didn't.
They aren't trying to split any families up - that is up to the person entering the lottery. No one to is trying to add to your upset - but the choice is yours. Again - I suggest you consider the temp visa route - as that could keep you all together and then give you a way to sponsor her later.

Won't this make new problem later on as the co has access to her record and thinks that she will overstay her visa, thus rejecting our dv?

 

[SusieQQQ]

Unless you had already been aware of the CSPA, you entered a lottery when she was under 21 but knowing she would turn 21 before she could possibly have benefited from your selection. You knew that - correct? Now the CSPA, actually turned that no hope situation into one with a window of hope (if your number had been low enough) - but it was a lottery and you were not one of the early ones drawn from the hat - and so unfortunately you won, but your daughter didn't.
They aren't trying to split any families up - that is up to the person entering the lottery. No one to is trying to add to your upset - but the choice is yours. Again - I suggest you consider the temp visa route - as that could keep you all together and then give you a way to sponsor her later.

Well said.

The instructions - you know those things that so few people seem to read - do actually warn about the possibility of aging out so it really is an "eyes open" kind of thing.

And I agree with mom and simon, in that no-one is forcing the family to split up so this "liking to split families up" is nonsense. Beta, If a green card and living in the US is more important than living with your daughter, that's your choice. Especially as you would still be able to sponsor her.

 

[SusieQQQ]

And sorry if I sound harsh but it sometimes amazes me that the US does something no other country does - hand out immigrant visas pretty much as easy as pie just because it wants more diversity - yet there is always someone to moan about something. It's a privilege, not a right.

 

[Britsimon]

Won't this make new problem later on as the co has access to her record and thinks that she will overstay her visa, thus rejecting our dv?

I am most certainly NOT suggesting she overstays. But how about a student visa for example????

 

[EURO2014]

I am most certainly NOT suggesting she overstays. But how about a student visa for example????

I guess she/he meant to ask whether applying for a temporary visa for their daughter now, eventually could negatively impact on their chances as part of the DV interview. If this were the question, I personally would not see how this could be a problem, in fact, it precisely describes our family situation. PS: Agree with F-1 suggestion as possible way forward for D.

 

[Sm1smom]

Don't you find it silly that when i submitted the e-dv application she was clearly under 21 years old... It is not my fault that she ages out as i have no control over ny case number, why don't they freeze her age during the waiting period from may 1st - the day your cn goes current

Im not trying to come across as whiny but seriously what's the purpose of this supposedly "line has to be drawn rules"?

It's an unfortunate situation that you have a higher CN which means your daughter will age out before you're current and cannot benefit from the CSPA. I certainly don't find it silly that just because she was under 21 when you submitted your e-DV application the policy in place now considers her over-age by the time of your interview.

CSPA is not applicable to DV cases alone. USCIS deals with tons of petitions with children aging out. If a policy isn't put in place as to how long a child's age can remain frozen, then there's nothing stopping people from claiming children in their mid twenties to thirties, heck even forties, as immediate beneficiaries simply because they are unmarried and live at home. In the US, 18 is considered adulthood as a matter of fact, but for immigration purposes, the age has been stretched to 21.

 

[Sm1smom]

And sorry if I sound harsh but it sometimes amazes me that the US does something no other country does - hand out immigrant visas pretty much as easy as pie just because it wants more diversity - yet there is always someone to moan about something. It's a privilege, not a right.

Tru dat!!

 

[BetaPhaggot]

It's an unfortunate situation that you have a higher CN which means your daughter will age out before you're current and cannot benefit from the CSPA. I certainly don't find it silly that just because she was under 21 when you submitted your e-DV application the policy in place now considers her over-age by the time of your interview.

CSPA is not applicable to DV cases alone. USCIS deals with tons of petitions with children aging out. If a policy isn't put in place as to how long a child's age can remain frozen, then there's nothing stopping people from claiming children in their mid twenties to thirties, heck even forties , as immediate beneficiaries simply because they are unmarried and live at home. In the US, 18 is considered adulthood as a matter of fact, but for immigration purposes, the age has been stretched to 21.

Make a rule so that people of age 21 or older can't file an application but if at the time of the application he or she is under 21 (just like in my case) then freeze his/her age until visa issuance, that sounds quite fair to me..

 

[EURO2014]

Make a rule so that people of age 21 or older can't file an application but if at the time of the application he or she is under 21 (just like in my case) then freeze his/her age until visa issuance, that sounds quite fair to me..

Question is whether you seek to understand existing US visa rules and regulations and make them work to your advantage or you prefer to improve the system by suggesting concrete improvements, as you may see them. Unfortunately not much anyone can do around here if it is the latter, yet Washington is currently considering some executive changes to US immigration law, this might be the right place then: http://www.whitehouse.gov/

 

[Sm1smom]

Make a rule so that people of age 21 or older can't file an application but if at the time of the application he or she is under 21 (just like in my case) then freeze his/her age until visa issuance, that sounds quite fair to me..

Yeah, make a rule such that if a petition is filed before a child turns 21, freeze their age until visa issuance regardless of how long it takes to issue the visa and regardless of the fact that by the time the visa is issued the child could be married with a family of their own. This is as good as saying throw the borders wide open on the basis of one family member having filed a petition for the rest of the extended family members to benefit from the petition.

 

[SusieQQQ]

Make a rule so that people of age 21 or older can't file an application but if at the time of the application he or she is under 21 (just like in my case) then freeze his/her age until visa issuance, that sounds quite fair to me..

In some cases it can take almost 20 years - yes, years, - from petition to issuance. Do you still think that should be frozen at 21?

Edit - sorry, mistake. More than 20 years. Phillipines family F4 petitions current now are those filed in March 1991. So someone 20 then would be 43 now. Should they have been frozen as 21?