Hi Everybody
My parents just won the lottery.Their case number is 13XXX.
I will be 21 yrs old on January 10,2008.I have read what other people has posted about this issue:
"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
However,I have a few questions:
1) What do they mean by "the date the visa becomes available"? Is that the first day of the month my case number is published in the visa bulletin?
2) Where do you find the date on the congratulatory letter? My parents can't find any date? Could be that their package incomplete?
3) does any of you knows of any real case where this rule has been applied?
Thank you
My parents just won the lottery.Their case number is 13XXX.
I will be 21 yrs old on January 10,2008.I have read what other people has posted about this issue:
"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
However,I have a few questions:
1) What do they mean by "the date the visa becomes available"? Is that the first day of the month my case number is published in the visa bulletin?
2) Where do you find the date on the congratulatory letter? My parents can't find any date? Could be that their package incomplete?
3) does any of you knows of any real case where this rule has been applied?
Thank you