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DV-2014 Lottery. Age 21 Issue.

A

AldoBlack

Member
Hello,

My father applied for DV2014 and he won. Case Number EU29xxx. I believe in May I will have interview.

But when my father made the application for DV-2014 (October 2012) I was 20 years old, and when I checked the status on 1st May 2013 I still was 20 years old. Now I'm 21. My birthday is on 16th July 1992. Do I have chances to go to USA with my family or not?

I have read that I can go with them but when I spoke with an advocate in my country (Albania) he said that I can't go with them. Please help.

Thank you.
 
Well I believe the Advocate is right. You may not qualify to go with your parents through the DV process but other migration options will open for you. Discuss with your advocate and he'll give more professional insight on these matters
 
AldoBlack said:
Hello,

My father applied for DV2014 and he won. Case Number EU29xxx. I believe in May I will have interview.

But when my father made the application for DV-2014 (October 2012) I was 20 years old, and when I checked the status on 1st May 2013 I still was 20 years old. Now I'm 21. My birthday is on 16th July 1992. Do I have chances to go to USA with my family or not?

I have read that I can go with them but when I spoke with an advocate in my country (Albania) he said that I can't go with them. Please help.

Thank you.
Click to expand...

britsimon said:
The CSPA provides some relief for people that have turned 21 during the process. However, you have been 21 for too long - you became aged out around December/January. I'm sorry.

More info here http://www.wolfsdorf.com/articles/DV_Article_2004-05.pdf

Your family will have to sponsor you through a family based petition - that will take a while.
Click to expand...

I will trust britsimon's calculation that you have aged out, so sorry for that.

They can still sponsor you but it will take a long time. Note that: LPRs can sponsor unmarried children over 21 (family F2B category) but not married children, only citizens can do that. The current priority date for F2B is October 2006, indicating slightly longer than a 7-year wait. They can apply for you as soon as they become LPRs. But if you get married before you get current as an F2B, then the petition is cancelled and you will have to wait until they are citizens before they can sponsor you, and that really will take years - 5 years for them to become citizens, and (judging on current visa bulletin again) another 11 years to become current... Although that will probably be a moot point as sponsoring married children is one of the categories likely to fall away when the new immigration reform eventually gets passed.
 
AldoBlack said:
Hello,

My father applied for DV2014 and he won. Case Number EU29xxx. I believe in May I will have interview.

But when my father made the application for DV-2014 (October 2012) I was 20 years old, and when I checked the status on 1st May 2013 I still was 20 years old. Now I'm 21. My birthday is on 16th July 1992. Do I have chances to go to USA with my family or not?

I have read that I can go with them but when I spoke with an advocate in my country (Albania) he said that I can't go with them. Please help.

Thank you.
Click to expand...

Please believe what you have read in the original DV formats, I have read it more than hundred times it clearly says, children under the age of 21 during entry time are illegible to get the Visa. There are quite a number of documents which are contradicting to each other, it is rather advisable not to be confused and trust the official clear instruction in the DV program.
 
ofegi said:
Please believe what you have read in the original DV formats, I have read it more than hundred times it clearly says, children under the age of 21 during entry time are illegible to get the Visa. There are quite a number of documents which are contradicting to each other, it is rather advisable not to be confused and trust the official clear instruction in the DV program.
Click to expand...


The instructions are very clear. The CSPA was introduced to stop some children from aging out during the immigration process. For DV process the allowance is the time between the 2nd October and 1st May. 212 days. So, a person can subtract 212 days from their age as at the beginning of the month where they go current. For AldoBlack, that will not be enough - he will be too old. However, if he attend the interview it is absolutely possible that the CO makes a mistake and gives him a visa - but it is a small chance.
 
britsimon said:
The instructions are very clear. The CSPA was introduced to stop some children from aging out during the immigration process. For DV process the allowance is the time between the 2nd October and 1st May. 212 days. So, a person can subtract 212 days from their age as at the beginning of the month where they go current. For AldoBlack, that will not be enough - he will be too old. However, if he attend the interview it is absolutely possible that the CO makes a mistake and gives him a visa - but it is a small chance.
Click to expand...

I am referring to the instruction in the DV program not the lawyers document, it is crystal clear that those who are less than 21 during the entry time are eligible for the visa, nothing more nothing less.
"Note that married children and children 21 years or older are not eligible for the DV ; howe ver, U.S. law protects children from “aging out” in certain circumstances. If your DV entry is made before your unmarried child turns 21, and the child turns 21 before visa issuance, he/she may be protected from aging out by the Child Status Protection Act and be treated as though he/she were under 21 for visa -processing purposes."
[/B]
I can bring in to your pictures other documents which are contradicting to each other in this and other cases.
They do not have any reason to hold the information back, they could have made it clear in detail like the other issues when it is really a concern.
please refer this official link no where it is indicated like you have said it.

http://www.uscis.gov/green-card/gre...otection-act/child-status-protection-act-cspa
 
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ou clearly do not have a good understanding of the underlying factors regarding aging out and being able to claim someone as a derivative when it comes to US immigration, so you really shouldn't continue with this pointless argument IMO. Do you notice the use of the word "MAY" in the sentence you quoted here?:

If your DV entry is made before your unmarried child turns 21, and the child turns 21 before visa issuance, he/she may be protected from aging out by the Child Status Protection Act and be treated as though he/she were under 21 for visa -processing purposes.
Click to expand...

It does not say "WILL". There's a big difference between 'may' and 'will'. This has nothing to do with "lawyers documents", whatever the heck you mean by that. The words used are carefully chosen to avoid ambiguities such as you're inferring.

ofegi said:
I am referring to the instruction in the DV program not the lawyers document, it is crystal clear that those who are less than 21 during the entry time are eligible for the visa, nothing more nothing less.
"Note that married children and children 21 years or older are not eligible for the DV ; howe ver, U.S. law protects children from “aging out” in certain circumstances. If your DV entry is made before your unmarried child turns 21, and the child turns 21 before visa issuance, he/she may be protected from aging out by the Child Status Protection Act and be treated as though he/she were under 21 for visa -processing purposes."
[/B]
Click to expand...
I can bring in to your pictures other documents which are contradicting to each other in this and other cases.
They do not have any reason to hold the information back, they could have made it clear in detail like the other issues when it is really a concern.
please refer this official link no where it is indicated like you have said it.

http://www.uscis.gov/green-card/gre...otection-act/child-status-protection-act-cspa[/QUOTE]
 
ofegi said:
I am referring to the instruction in the DV program not the lawyers document, it is crystal clear that those who are less than 21 during the entry time are eligible for the visa, nothing more nothing less.
"Note that married children and children 21 years or older are not eligible for the DV ; howe ver, U.S. law protects children from “aging out” in certain circumstances. If your DV entry is made before your unmarried child turns 21, and the child turns 21 before visa issuance, he/she may be protected from aging out by the Child Status Protection Act and be treated as though he/she were under 21 for visa -processing purposes."
[/B]
I can bring in to your pictures other documents which are contradicting to each other in this and other cases.
They do not have any reason to hold the information back, they could have made it clear in detail like the other issues when it is really a concern.
please refer this official link no where it is indicated like you have said it.

http://www.uscis.gov/green-card/gre...otection-act/child-status-protection-act-cspa
Click to expand...

There are other people on the forums who have actually used the CSPA. I can't remember who the poster was, but one had all the calculations with her and it sounded like the officer went through it all very carefully to ensure the child had not in fact aged out. It is exactly as britsimon said in the way it is worked out, and as sm1smom points out there is a difference between "may" and "will" - one is not automatically eligible just because s/he was under 21 at time of entry. It's not just a case of arriving for the interview and taking a chance, because there are some steep costs involved for medical and visa fees.

I think the only reason you find the documents contradictory is because you don't understand that the calculation means that some children age out and others don't. Did you notice the link you cited only refers to I130 and asylee/refugee petitions and not DV entries? You want an official USCIS link that mentions DV? See page 4 of this: http://www.uscis.gov/sites/default/files/files/pressrelease/CSPA2_pub.pdf
 
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As others have explained AldoBlack, the quote you gave above is not misleading AT ALL. The word MAY is the critical word. IF your birthday was later (let's say December instead of July, then you would be ok in May. However, you have aged out according to the protection offered by the CSPA. Re the CSPA, it is automatically applied/available to you during the DV process. Some people use it during Family based immigration, but you will of course be too late for that. There is no doubt about this. I know you don't want to accept it - but I am certain of the calculation, and I am certain you have already aged out - you will be almost 22 by the time you are current.
 
britsimon said:
As others have explained AldoBlack, the quote you gave above is not misleading AT ALL. The word MAY is the critical word. IF your birthday was later (let's say December instead of July, then you would be ok in May. However, you have aged out according to the protection offered by the CSPA. Re the CSPA, it is automatically applied/available to you during the DV process. Some people use it during Family based immigration, but you will of course be too late for that. There is no doubt about this. I know you don't want to accept it - but I am certain of the calculation, and I am certain you have already aged out - you will be almost 22 by the time you are current.
Click to expand...

Yes, I know. I made the calculations too. :/
But is there any way I can get green card? Except student visa, family based? Or I have to start documents on family based after 5 years, after my parents become U.S. citizens???
 
A student visa cannot and will not get you a GC. Other ways will be to either find a US company willing to sponsor you for a H1B visa after which they may file for GC or get married to a USC. Of course you can keep trying the DV lottery on your own too for as long as it's still available and hope to get lucky.

Take a look at Susie's first response on other ways your file can file for you and how long each option is likely to take.

They can still sponsor you but it will take a long time. Note that: LPRs can sponsor unmarried children over 21 (family F2B category) but not married children, only citizens can do that. The current priority date for F2B is October 2006, indicating slightly longer than a 7-year wait. They can apply for you as soon as they become LPRs. But if you get married before you get current as an F2B, then the petition is cancelled and you will have to wait until they are citizens before they can sponsor you, and that really will take years - 5 years for them to become citizens, and (judging on current visa bulletin again) another 11 years to become current... Although that will probably be a moot point as sponsoring married children is one of the categories likely to fall away when the new immigration reform eventually gets passed.
Click to expand...

AldoBlack said:
Yes, I know. I made the calculations too. :/
But is there any way I can get green card? Except student visa, family based? Or I have to start documents on family based after 5 years, after my parents become U.S. citizens???
Click to expand...
 
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As discusses some weeks ago, my daughter in IN age, for just 5 days...
I've done the calculation again:

DV2014
she's is born on october 7th, 1992
days period october 2nd, 2012 - 1NL may 1st, 2013 = 211 days
date of our current lot = may 1st, 2014 (CN EU0028.6xx)
days period october 7th, 2013 (she turned 21yo) and may 1st, 2014 = days 206
Could please someone check that calculation for me ?
Just to be sure...

2nd question:
I've read in the Immigrant Visa Process - Interview Preparation - Notices
the following sentence:

"Applicants whose 21st birthday is before the appointment date should immediately contact the U.S. Embassy or Consulatel where the interview will occur to request an earlier appointment. Failure to receive a visa before the applicant's 21st birthday may make the applicant ineligible for an immigrant visa at this time."

Does it work for our case ?
Should I contact the Neaples consulate to arrange the appointment BEFORE may 6th ?
I didn't yet receive the 2NL, I don't' know now if mi interview is scheduled for < may 6th or later

thanks a lot, mate
 
Seems to me that you got the answer, so as soon as you get your get your 2nl which will happen around the 20th of this month, call the embassy, and please keep us updated.
Good luck deutmark
 
On a related matter, may be important for some: I saw something saying if a child gets a visa at age 20, they must enter before they turn 21 even if their visa expiry Date is beyond their birthday. Can anyone confirm this, for DV specifically?
 
deutmark said:
As discusses some weeks ago, my daughter in IN age, for just 5 days...
I've done the calculation again:

DV2014
she's is born on october 7th, 1992
days period october 2nd, 2012 - 1NL may 1st, 2013 = 211 days
date of our current lot = may 1st, 2014 (CN EU0028.6xx)
days period october 7th, 2013 (she turned 21yo) and may 1st, 2014 = days 206
Could please someone check that calculation for me ?
Just to be sure...

2nd question:
I've read in the Immigrant Visa Process - Interview Preparation - Notices
the following sentence:

"Applicants whose 21st birthday is before the appointment date should immediately contact the U.S. Embassy or Consulatel where the interview will occur to request an earlier appointment. Failure to receive a visa before the applicant's 21st birthday may make the applicant ineligible for an immigrant visa at this time."

Does it work for our case ?
Should I contact the Neaples consulate to arrange the appointment BEFORE may 6th ?
I didn't yet receive the 2NL, I don't' know now if mi interview is scheduled for < may 6th or later

thanks a lot, mate
Click to expand...

Your calculation is correct. Here are links to some sites with CSPA calculators that you can use to confirm you calculation (anyone else in a similar situation should find the calculators useful):

http://www.immihelp.com/immigrant-visa/cspa-calculator/

http://faizlaw.com/cspa-calc/

For DV purpose:

Priority Date: Is the official first day of the eDV registration (regardless of when the applicant did his/her actual registration)
Approval Date: Is the official first day of the DV results release (regardless of when the applicant checked and found out he/she has been selected)
Visa Bulletin Current Date: Is the first day of the month in which the applicant's CN is indicated as current on the VB
Click to expand...

Yes, you may contact the embassy to find out if they will schedule an interview before May 6th. However, I'm don't really think the date of the interview itself matters, what matters is when the CN becomes current which is May 1st. But then, it's not going to cost anything to contact the embassy and find out, so give it a shot.

Do print out all the CSPA articles you can lay your hands on as part of the documents you will be taking along to your interview 'just in case'. Here's a good place to start from:

http://www.wolfsdorf.com/articles/DV_Article_2004-05.pdf
 
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Ditto on the advice to print the articles and to have your calculation clearly printed out. You may find a CO who is not that well informed about the CSPA - so making it easy for them is important. It is also important to get that decided at the interview - not by a follow up process, so if the CO doesn't allow the calculation, I would personally not leave until seeing a supervisor. How you do that is your call!

The date of your interview does not matter - the CSPA test is applied at the beginning of the month you become current - so regardless of when you interview in that month your daughter is in!
 
britsimon said:
.......The date of your interview does not matter - the CSPA test is applied at the beginning of the month you become current - so regardless of when you interview in that month your daughter is in!
Click to expand...

In fact, she is eligible for 1 year to get the visa from the 'current' date, but for DV it just happened to be only up to Sept.30th!

The law says that (in general) the age progress FREEZE for 1 year (sometimes even more!) from after becoming 'current'.

Best!

PS: This may be helpful as well I guess.
http://shusterman.com/pdf/cspa4_30_08.pdf
 
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