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has son aged out ???

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chunkey

Registered Users (C)
Hi everyone

I won the dv 2007 and recd first notification letter dated 29 may 2006 and returned all forms filled out (ds 230 pt 1 and 2 etc) for myself ,wife and son in june 2006. My son was born 27 aug 1985 making him 20 when i won lottery and 21 now. My case number is due august 2007 af3xxxx. can some one please advise in plain english if my son will receive deriviative visa or not ??? if not what options are there ?

THANKS IN ADVANCE:confused: :confused:
 
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chunkey said:
I won the dv 2007 and recd first notification letter 22 may 2006 and returned all forms filled out (ds 230 pt 1 and 2 etc) for myself ,wife and son in june 2006. My son was born 27 aug 1995 making him 20 when i won lottery and 21 now. My case number is due august 2007 af3xxxx. can some one please advise in plain english if my son will receive deriviative visa or not ??? if not what options are there ?
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Hi chunkey, you need the following dates in order to see pending duration.
(1) date on NL letter (it's NOT the date you received it)
(2) October 5, 2005 (the first day of the DV mail-in application period for DV2007)
(3) you son's date of birth(you mention it's 1995. did you mean 1985?)

Pending duration will be (1) - (2). If your son has been 21 less than the pending duration by the interview month, then your son should be eligible. But, unfortunately, it looks like your son has been 21 for more than pending duration since he became 21 in August last year and your case number is high... He will need another visa to stay in US. If you seek citizenship in the future, it's possible that he can get GC through family member under the current rule. But, it's going to take time, and we don't know how the immigration legistration is going to be changed.

CSPA: http://www.immigrationportal.com/showpost.php?p=1664257&postcount=49
Immigration through a Family Member: http://www.uscis.gov/portal/site/us...nnel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD
 
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tks for reply toomakie.

I thought that when you apply for the lottery the ages at application were what determined the outcome for dependants. I am more confused and worried than ever ...
 
I'm sorry to hear that. It is true that they do not mention much in DV instruction, though they do mention Immigration and Nationality Act (INA). If you really want to know about the regulation, just contact US Embassy where you have your interview.
 
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toomackie said:
Hi chunkey, you need the following dates in order to see pending duration.
(1) date on NL letter (it's NOT the date you received it)
(2) October 5, 2005 (the first day of the DV mail-in application period for DV2007)
(3) you son's date of birth(you mention it's 1995. did you mean 1985?)

Pending duration will be (1) - (2). If your son has been 21 less than the pending duration, then your son should be eligible.
But, unfortunately, it looks like your son has been 21 for more than pending duration since he became 21 in August last year and your case number is high... He will need another visa to stay in US. If you seek citizenship in the future, it's possible that he can get GC through family member under the current rule. But, it's going to take time, and we don't know how the immigration legistration is going to be changed.

CSPA: http://www.immigrationportal.com/showpost.php?p=1664257&postcount=49
Immigration through a Family Member: http://www.uscis.gov/portal/site/us...nnel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD
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I don't believe the formula works that way. I know for sure that the date when the visa number becomes available to them is figured into it. UNfortunately, the poster's son will be 22 by then, and I don't think the CSPA will help.
 
LucyMO said:
I don't believe the formula works that way.
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I just make the formula simplified so that chunkey understands. Since I wasn't sure exactly where he is from, it would be a lot easifer to find out the possiblity.
I know for sure that the date when the visa number becomes available to them is figured into it.
Click to expand...
That's true, but it is the same thing since the pending duration would be subtracted from the derivative alien's age on the date the visa becomes available to the principal alien. When we don't know interview month, this way will help people to estimate the possiblity.

For the purpose of calculating the period during which the "petition is pending", VO has decided to use the period between the first day of the DV mail-in application period for the program year in which the principal alien has qualified and the date on the letter notifying the principal applicant that his/her application has been selected (congratulatory letter). That period will be subtracted from the derivative alien''s age on the date the visa becomes available to the principal alien. The date the visa becomes available will be the first day on which the Department determines the principal alien's selection number becomes eligible for visa processing."

source:http://www.travel.state.gov/visa/laws/telegrams/telegrams_1429.html
 
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