Completing ds-230 form, please clear my doubts!!

J

JOVIN

Registered Users (C)
I am in the process of filling up the DS-230 form. I would greatly appreciate it if someone gives me answers to some doubts I have.
I am in the F4 category and my sister, a US citizen, petitioned for me in July 1998.
My eldest daughter is 23 years old ( date of birth 24, March 1988).
In the fee bill invoice which NVC sent me in August 2011, her name was not included. The included names were those of myself, my wife and my younger daughter, aged 16. These are the following clarifications I require.
(1) Should I or should I not include my eldest daughter’s name in column 31b of form DS-230 (– persons named in columns 14 and 29 who will follow you to the US at a later date).
(2)She, who is a doctor, will soon be writing her USMLE exams for pursuing higher studies in the US. If I write her name in column 31b, is there a chance that she will be denied visas like J-1, B-2 or H1B if she applies for one after completing the first two steps of USMLE?
(3) If she marries a US citizen, will her name in column 31b of my DS-230 application make her ineligible to get a visa to join her spouse in the US( sponsored by her husband)?
Kindly reply to these queries at the earliest. Thanking you.
JOVIN
 
When was the I-130 approved? Is your 23-year old daughter currently inside or outside the US?

You mentioned her getting married to a US citizen ... does she have a US citizen fiance?
 
Thank you Jackolantern

Thank you, Jackolantern, for your quick reply. I was away on a long trip and could read your reply only yesterday. Sorry.
I-130 was approved on March 11, 1999. My Priority date is 24 July 1998. The letter from NVC indicating that visa processing could begin has date of November 22, 2008. I paid visa processing fee for all four of us ( I, my wife, eldest daughter, younger daughter-which completes my family) in March 2009. But due to some domestic problems, did not send documents to NVC for processing for two years. NVC sent a Notice of Termination of Registration on May 31, 2011. I appealed to them and NVC reopened my case. My sister( who is my petitioner/sponsor ) said she could give AOS only for me, and not for my wife and two children. I paid again my visa processing fee in September 2011( even though packet was, as I said, for me, my wife and younger daughter). NVC moved my wife and younger daughter to follow-to join status.
To answer your other questions:
My eldest daughter is in India . She has never been to the US. Her date of birth is March 24, 1988.
She doesn't have a fiance in the US. In India, often marriages are arranged between families, with the full consent and approval of the young man/woman who is getting married. I asked that question because she sometimes gets marriage proposals from US citizens/ Permanent Residents of Indian origin.
I would be very grateful if you could answer me these questions.
1) Would my eldest daughter who is 23 now( going to be 24 very soon) be eligible for CSPA benefits?
2) If yes, can my wife's cousin, who is a US citizen, file AOS for her? If the answer is again yes, then what should I do now to get NVC to process her visa?
3) Can my wife's cousin, who is a US citizen, file AOS for my wife and younger daughter also?
Thanking you, Jackolantern, for the trouble you are taking.
JOVIN.
 
JOVIN said:
1) Would my eldest daughter who is 23 now( going to be 24 very soon) be eligible for CSPA benefits?
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She could be eligible, depending on the specific dates involved. I think you have some of the dates wrong, because the July 1998 priority date did not become current for the F4 category (siblings of USC) until June 2009, so it doesn't make sense that you paid the visa fees in March 2009 and got the notification for visa processing in November 2008.

Any US citizen or permanent resident who lives in the US and has the required income and/or assets can be a joint sponsor for the Affidavit of Support.
 
The dates are as I said

" I think you have some of the dates wrong, because the July 1998 priority date did not become current for the F4 category (siblings of USC) until June 2009, so it doesn't make sense that you paid the visa fees in March 2009 and got the notification for visa processing in November 2008."

I checked the dates.They are as I had written. The letter from NVC dated March 12, 2009 reads, " We have received all necessary Immigrant Visa fees for this case." and instructs me to complete the DS-230 form for each traveling applicant. The letter from NVC dated April 7, 2009 reads: "We have received your payment for the Affidavit of Support Fee Bill." and instructs my sister(the petitioner) to complete and send the appropriate AOS form.
I am thinking of doing the following.
1)I am planning to include my eldest daughter's name in column 31b of DS-230 form. At the time of my interview I shall take a completed DS-230 form from my daughter and submit it to the visa officer and request him to check whether she is eligible for CSPA benefits. If he says yes, then I shall get my wife's cousin who is a US citizen to file AOS form for her and pay visa fees for her.
2) If she does not qualify for CSPA benefits, then I shall request the visa officer to delete her name from column 31b of the DS-230 form, so that she is free to apply for a visitor's visa to US, on the grounds of her USMLE scores.
Am I doing the right thing? Please advise. Thank you.
Jovin
 
If your dates are correct, it appears that she would qualify for CSPA benefits given that her visa fee was paid before she turned 21 in March 2009, and the priority date became current before her CSPA-adjusted age became 21. She gets a 7.5 month CSPA adjustment because the I-130 was pending for 7.5 months, and when the priority date became current in July 2009 it was less than 7.5 months after her 21st birthday.

However, the wrinkle is that those fees were paid before the priority date became current, and the CSPA seems to be referring to actions taken in the one-year period after the priority date became current. What actions were taken on or after July 2009? Was a DS-230 submitted for her? Did she do the medical or fingerprinting? What went wrong to make them send you the notice of termination?


1)I am planning to include my eldest daughter's name in column 31b of DS-230 form. At the time of my interview I shall take a completed DS-230 form from my daughter and submit it to the visa officer and request him to check whether she is eligible for CSPA benefits. If he says yes, then I shall get my wife's cousin who is a US citizen to file AOS form for her and pay visa fees for her.
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Not so simple. Once the consulate has removed a derivative beneficiary because of their belief of aging out, it is an uphill battle to convince them to add back the derivative. This is not a straightforward CSPA case; you WILL need a lawyer to write up a letter detailing the timeline of events, demonstrating how your daughter is eligible for the CSPA based on those events and the relevant regulations and calculations and court precedents. If you try to convince the consulate of her CSPA eligibility on your own, chances are 95% it will result in refusal.

2) If she does not qualify for CSPA benefits, then I shall request the visa officer to delete her name from column 31b of the DS-230 form, so that she is free to apply for a visitor's visa to US, on the grounds of her USMLE scores.
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Again, not so simple. The combination of her parents and sister being permanent residents while she's left back alone in India, plus the fact that she was attempting to immigrate with you, will make it very likely for her to be refused a tourist visa or student visa. However, H1B won't be a problem because it allows immigrant intent.

What is the progress with your own case? Are you still waiting for a consular interview? Or have you already done that and been admitted to the US as a permanent resident, and now you're trying to wrap up things for your wife and daughters?

If you're not in the US, work with one of your relatives in the US to consult an immigration lawyer who has expertise in the CSPA. I figure the cost will be somewhere around $200-$350 for a 1-hour consultation to figure out if/how your daughter qualifies via the CSPA, then another $500-$1000 for them to write up the letter explaining her eligibility and citing the important regulations and court cases. When your relative visits the lawyer, make sure they have a one-page summary of the timeline of events with exact dates (I-130 filing, I-130 approval, visa fee payment, NVC notifications, when she turned 21, when DS-230 was filed, etc.), along with copies of documents like the I-130 receipt, I-130 approval, and letters from the NVC and consulate. And try to be available to call into the lawyer's office during the consultation.
 
Thank you, Jackolantern, for taking the trouble to study my case in close detail.
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What actions were taken on or after July 2009? Was a DS-230 submitted for her? Did she do the medical or fingerprinting? What went wrong to make them send you the notice of termination?
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It was actually a family quarrel that led to my sister's decision to tell me that she can file AOS for only me and not for my wife or children. I, for some time, lost my desire to emigrate to the US. And so I did not submit any DS-230 forms, either for me or for my eldest daughter. It was, therefore, my inaction that prompted NVC to send me notice of termination. I then, petitioned NVC not to terminate my case. They agreed. They sent fee packets(NVC had informed me that the earlier fees paid by me had become invalid because of my inaction) for myself, my wife and younger daughter(age 16). I paid fees only for myself and wrote to NVC that only I am emigrating for the moment. NVC has now asked me to submit ds-230 for myself. NVC moved my wife and younger daughter to Follow-to-join status.
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If you're not in the US, work with one of your relatives in the US to consult an immigration lawyer who has expertise in the CSPA. I figure the cost will be somewhere around $200-$350 for a 1-hour consultation to figure out if/how your daughter qualifies via the CSPA, then another $500-$1000 for them to write up the letter explaining her eligibility and citing the important regulations and court cases. When your relative visits the lawyer, make sure they have a one-page summary of the timeline of events with exact dates (I-130 filing, I-130 approval, visa fee payment, NVC notifications, when she turned 21, when DS-230 was filed, etc.), along with copies of documents like the I-130 receipt, I-130 approval, and letters from the NVC and consulate. And try to be available to call into the lawyer's office during the consultation.
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I agree with you that what you advice may be the best way to go about in order to reinstate my eldest daughter's name citing CSPA. But in my case, my relatives in the US would not be ready to take all the trouble to consult a lawyer and do what ever is needed. So, in this situation, if I act in the following way, will it be to my eldest daughter's interests?
1. not to write my eldest daughter's name in column 31b of my DS-230 form,so that she is free to apply for other visas(like visitor/student) after she completes step 2 of USMLE exam and later on apply for a green card after she completes medical residency in the US.
2. I can, during my interview, try to convince the consulate officer to assess my eldest daughter's CSPA eligibility, but as you say, there is a 95% chance of refusal. But my not mentioning her name in column 31b of my DS-230 form will make her free to pursue her own route to emigration to the US on the basis of her USMLE scores.
Please advise.
 
JOVIN said:
I agree with you that what you advice may be the best way to go about in order to reinstate my eldest daughter's name citing CSPA. But in my case, my relatives in the US would not be ready to take all the trouble to consult a lawyer and do what ever is needed.
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Your friend or relative doesn't have to do anything with the lawyer except sign whatever paperwork the lawyer wants in order to accept your case, and give the lawyer a check. You can do all the real work including send the papers to the lawyer and doing the consultation over the phone.

1. not to write my eldest daughter's name in column 31b of my DS-230 form,so that she is free to apply for other visas(like visitor/student) after she completes step 2 of USMLE exam and later on apply for a green card after she completes medical residency in the US.
2. I can, during my interview, try to convince the consulate officer to assess my eldest daughter's CSPA eligibility, but as you say, there is a 95% chance of refusal. But my not mentioning her name in column 31b of my DS-230 form will make her free to pursue her own route to emigration to the US on the basis of her USMLE scores
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While withdrawing her from this immigration application will somewhat improve her chances of getting a student or tourist visa, getting the visa will still be problematic with her being single and her closest family members all having moved to the US.

If you attempt to secure her CSPA eligibility on your own, don't ask the consulate to assess her eligibility; assert her eligibility like it's a definite fact.
 
Thank you,Jackolantern, for taking all this trouble to study my case in detail. Your suggestions and comments cleared most of my doubts. Thank you.
 
USMLE exams for pursuing higher studies in the US and that is a good idea. If she writes her name in column 31b, is there a chance that she will be denied visas like J-1, B-2 or H1B if she applies for one after completing the first two steps of USMLE ? Even I have same date can any help me with this.

usmle
 
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