complex situation...any advice

[Familygcprocess]

situation is: My father filled F3 petition (married daugher of US citizen) for me in 1999. Petition got approved couple of months ago. In 2004, i got greencard through my husband. However, i didn't notify NVC. Recently got a letter from montreal consulate for an appointment.

Now the question is that when my father applied for my petition, my kids were underage so they were eligible as derivative beneficiary, but in this appointment letter their name is not mentioned...so i am assuming that they are not eligible now.

I read on some post that visalaw.com or somewhere that an individual's daughter was approved even though she aged out. (http://discuss.ilw.com/eve/ubb.x/a/t...8976036212/p/1) What should i do? Should i just go for the interview and request counsellor to approve my kids.

Another question is....can i get a new greencard from my father's petition and apply for my kids and let them RETAIN the priority date from my father's petition....OK this may sound very very confusing..but this was also done recently on MARIA GARCIA's case where she was in similar situations as my kids (where she aged out, but she was eligible to RETAIN the priority date from her aunt's petition......http://immigration.about.com/gi/dyna...c-gc.html#2C

Easier terms on this website (http://immigration.about.com/od/usca...idsagedout.htm)

Anyone's help would be greatly appreciated.

Thanks

 

[Hanuman55]

I think your children's cases are covered..

by the 245(i) scenarios Shusterman explains in this FAQ

http://www.shusterman.com/245i-faq.html

Muthy.com also has some scenarios covered. My take is, your kids are covered by 245(i) grandfathering clause and CSPA (assuming their current age minus time it took for I130 approval is less than 21 years and you filed/filing DS230 pt 1 within a year of your date becoming current). Since you have a complete picture of your situation you can read these FAQs and interpret for yourself better. I believe you need not change your GC. You could also call Montreal and talk to the Consulate Staff.

Pl do post how things work out. Best of Luck!

H

situation is: My father filled F3 petition (married daugher of US citizen) for me in 1999. Petition got approved couple of months ago. In 2004, i got greencard through my husband. However, i didn't notify NVC. Recently got a letter from montreal consulate for an appointment.

Now the question is that when my father applied for my petition, my kids were underage so they were eligible as derivative beneficiary, but in this appointment letter their name is not mentioned...so i am assuming that they are not eligible now.
......
Thanks

 

[Familygcprocess]

thanks Hanuman55...but my kids I-130 was approved in 6 months and they were well above 21 at the time of visa no. availability (in fact they were 23 and 26)...so i am not sure if Section 245(i) would work for them...

Do you have any other advice...love to hear from ya.

thanks

 

[Hanuman55]

Derivative beneficiaries names do not appear on the interview call letter

This was mentioned by another member who had posted a few days earlier. The member's name was Banty.... That member's situation was similar except that the main beneficiary did not have the GC. The mother got called for the interview at the Bombay Consulate and the derivative children, who are now over 21 were worried. When they called the Consulate they learnt they are all required to attend the interview. So, I believe your children are covered, you should call the Embassy and get a similar confirmation. As regards, CSPA, you shd argue what works best to your advantage, and that is the intent of the law and that is how liberally it is being interpreted by both DOS and USCIS. You may want to read Banty's postings, I think her papers were filed way back in 1998 and still the consulate has told her/him, they are protected under CSPA. Sorry, I could not read 245(i) and do more research before posting this, which I very much wanted to! Also Oh the attorney, I think has some info on CSPA & 245I(i) - www.immigration-law.com

Best of Luck,

H

thanks Hanuman55...but my kids I-130 was approved in 6 months and they were well above 21 at the time of visa no. availability (in fact they were 23 and 26)...so i am not sure if Section 245(i) would work for them...

Do you have any other advice...love to hear from ya.

thanks