Check this out
Hello
MY father won dv2008.Due to our case number which is as14xx our interview would be on oct or nov.the problem is i would turn 21 by 8-may 2008.do u think i would lose eligibility to immigrate with him if i turn 21 before my visa issuance?
Go through this post, which was logged in under this thread, it explains it very well, you just need to sit down patiently and do the arithmetic.
Let your dad include you on his forms and let the embassy make the final decision.
Hi tan_kim_seng,
Quote:
Originally Posted by tan_kim_seng
Toomackie, do you know the cutoff of the children age 21 years old? Before interview or before we submit the lottery. Looks like one of my son could not join since he will be 21 on March 2008. Thank you.
It seems that it's not that simple. In order to find out age qualification, it looks like Child Status Protection Act (CSPA) Section (3)
comes into play. It states:
"DV Applicants. Section 3 also applies to derivative DV applicants. Because the DV process differs substantially from the preference process, however, treatment of DV derivatives will also be somewhat different. 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/law...rams_1429.html
Example by By Bernard P. Wolfsdorf and Naveen Rahman:
"The provision is best understood with an example. A principal applicant is selected for the DV-2004 program for which the first date for mailing the application was October 1, 2002. The principal applicant receives a congratulatory letter dated May 30, 2003, notifying her that she has been selected. Accordingly, the diversity visa petition has been pending for 242 days. The principal applicant has a high lottery number and is finally able to proceed with her immigrant petition and receive a diversity visa on September 1, 2004. She has a daughter and a son. The daughter turned twenty-one on October 1, 2003, and the son turned twenty-one on July 1, 2004. The daughter cannot benefit from CSPA, because she has been twenty-one for more than 242 days. In contrast, the son can benefit, because he has been twenty-one for less than 242 days."
source:
http://www.wolfsdorf.com/DVarticles/...4 Update.pdf
First date for DV-2008 entry was October 4, 2006. Since your son will be 21 on March 2008, I think he has a good chance to be eligible.
I really hope he can benefit from CSPA.
Search Keywords: CSPA, age out
__________________
"General Info for DV winners" by Catseyes
http://immigrationportal.com/showthread.php?t=215048
"Photo Requirement"
http://travel.state.gov/passport/gui...ition_874.html
"2007 Poverty Guideline"
http://travel.state.gov/visa/immigra...info_1327.html
"Visa Reciprocity and Country Documents Finder"
http://travel.state.gov/visa/reciprocity/index.htm
"Vaccination Requirements for Immigrant Visa Applicants"
http://travel.state.gov/visa/immigra...info_1331.html
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Last edited by toomackie : 4th May 2007 at 01:17 PM.