" URGENT " for E3-Immigrant Visa interview scheduled....plz help. !!

M

makhin

Registered Users (C)
Hey ..Any one here can help me ?....My age is 22

OUR Petition file was done by my father..in april 2001 for my mother,me & for my sister....under E-3 skilled worker category...& it was approved ..now we hav got 2 visa call letter ...one from USA & other from Bombay......

In USA visa call letter...they have mentioned my name (visa fees have been paid there in USA )...with my mother & (small) sister....
but the one from bombay ..In that letter my name is not written...

Let me tell u that there is not any problem of my age..because ...at that time In april 2001 there was one law...Of CSPA (child status protection Act) ..& under this i was considered....so according to this USA law..up to 27 years there is no problem of getting visa for me..........
they have approved my file , reicieved my visa fees...&..included my name in visa call letter.....

so any one can tell me that why USA embassy( in bombay)
removed my name from visa call letter???????

plzz suggest me what to do now ????

Any help would be appreciated.....plzz.....
 
Unfortunately we are not in the heads of US Embassy consular. Contact them for the reason. Anything someone says would be conjecturing. Good Luck!
 
You must mean EB3 immigrant visa, not E3 which is a nonimmigrant visa.

Consulates often wrongly eliminate derivative beneficiaries who are 21 or older, without considering the CSPA. Then you have to assert your eligibility under the CSPA.

But first you need to make sure you really qualify under the CSPA. You said you are 22 ... how many months past your 22nd birthday? How long in years and months did the I-140 take to be approved? Those facts will determine your CSPA eligibility. If the I-140 was approved in under a year, you're not eligible under the CSPA. If it took 2 years or more to be approved, you're eligible. But if it was approved in between a year and 2 years, it depends on the specific number of months and maybe days.
 
@jackolantern

Hey thank you very much...this information is very helpful to me.....Thanx a lot.....
 
Note that when I asked about the length of time for the I-140 to be approved, I meant only the time between I-140 filing and I-140 approval, not the time from the beginning of the green card process (labor certification) until I-140 approval.

I expect that you are NOT eligible, because most I-140s take less than a year between filing and approval.
 
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@jackolantern..

Hey thanx....

I got your point of view that what you are trying to say....but i have question... if I-140 approval takes less than a year between filing & approval in every cases of application submitted under child status protection act ( CSPA ) ...law ...then what is the benifit of CSPA for a petitioner's children because according to this what you are saying No one (petitioner's children over 21 years) will get eligibility for visa interview.....

Here the law says if you have applied your petition file in Employment based (EB-3) skilled worker category under CSPA in that wheather your child is above or below 21 years ...he/she will be eligible for visa interview till 27 years of age....& that age counting is done on the basis of time from when the petition was applied , when it was approved ...

so actually what they consider or what are the main points which are required to get the eligibility for a child under CSPA??....plzzz. explain me in detail...if u know & if u have time to explain...plzzz

because now i'm very confused.....& visa interview date is very near...so before that if i can do something to be present at interview appointment...

Thanx..for replying...



.
 
makhin said:
I got your point of view that what you are trying to say....but i have question... if I-140 approval takes less than a year between filing & approval in every cases of application submitted under child status protection act ( CSPA ) ...law ...then what is the benifit of CSPA for a petitioner's children because according to this what you are saying No one (petitioner's children over 21 years) will get eligibility for visa interview.....
Click to expand...

My statement regarding "under a year" is the result of a calculation specific to your situation because you are 22 years old.

Here the law says if you have applied your petition file in Employment based (EB-3) skilled worker category under CSPA in that wheather your child is above or below 21 years ...he/she will be eligible for visa interview till 27 years of age.......
Click to expand...
There is nothing that specifically allows you to wait until 27 years old. It all depends on the specific dates of your case.

& that age counting is done on the basis of time from when the petition was applied , when it was approved
Click to expand...
The petition they are referring to is the I-140. The basics of the CSPA are as follows:

1. Determine the I-140 filing date and approval date. (I-130 if it's a family-based petition)
2. Calculate the time between those dates.
3. Subtract the result from step 2 from your actual age.
4. For you to qualify, the result from step 3 needs to be under 21 when the priority date became current, and under 22 when you sought to acquire the immigrant visa.

But you need to clarify some facts. Does your father already have his green card? If yes, when was it approved? Did he file I-130 for you after getting his green card? What is the priority date of the employment-based case, and of the I-130 (if one was filed)? When were your visa fees paid, and how old were you at that time?
 
@jackolantern..

Hiiii....

Now i got this entire process of Age calculation.......thank you very much....

Thanx a lot for replying...
 
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