I missed out, but don't know why...

[phb30432]

Hello guys, I am new to this forum and need some advice. My scenario is this:

Around eleven years ago, my Uncle (who at that time was a US citizen) sponsored his brother (my Dad) for a green card. On the application, he included my whole family (my Mum, two Brothers and Sister).

The priority date for the application was 10th June 1996. The application was processed and the Visas were received in November 2007. However, only my Dad, my Mum and my Sister were called for an interview. When my Parents and my Sister went to their interview, they did not ask why the other applicants did not get a green card, as they assumed that we aged-out. But I have read that there is a complex formula the CSPA applies to making these decisions, so now I'm wondering if we are still eligible.

The D.O.B's of the applicants are as follows:

Father: 15th September 1950 (Received a green card, brother of petitioner.)
Mother: 30th December 1956 (Received a green card, sister-in-law of petitioner.)
Brother: 13th June 1979 (DID NOT receive a green card, nephew of petitioner.)
Brother: 25th September 1982 (DID NOT receive a green card, nephew of petitioner.)
Myself: 30th December 1984 (DID NOT receive a green card, nephew of petitioner.)
Sister: 20th March 1986 (Received a green card, niece of petitioner.)

From these dates, can someone tell me whether or not myself and/or my brothers are eligible for green cards, as we never actually received any kind of documentation specifying why our applications were not successful.

By the way, we are from the UK.

MTIA for any help.

 

[Atlanta_Brother]

My guess

Hello guys, I am new to this forum and need some advice. My scenario is this:

Around eleven years ago, my Uncle (who at that time was a US citizen) sponsored his brother (my Dad) for a green card. On the application, he included my whole family (my Mum, two Brothers and Sister).

The priority date for the application was 10th June 1996. The application was processed and the Visas were received in November 2007. However, only my Dad, my Mum and my Sister were called for an interview. When my Parents and my Sister went to their interview, they did not ask why the other applicants did not get a green card, as they assumed that we aged-out. But I have read that there is a complex formula the CSPA applies to making these decisions, so now I'm wondering if we are still eligible.

The D.O.B's of the applicants are as follows:

Father: 15th September 1950 (Received a green card, brother of petitioner.)
Mother: 30th December 1956 (Received a green card, sister-in-law of petitioner.)
Brother: 13th June 1979 (DID NOT receive a green card, nephew of petitioner.)
Brother: 25th September 1982 (DID NOT receive a green card, nephew of petitioner.)
Myself: 30th December 1984 (DID NOT receive a green card, nephew of petitioner.)
Sister: 20th March 1986 (Received a green card, niece of petitioner.)

From these dates, can someone tell me whether or not myself and/or my brothers are eligible for green cards, as we never actually received any kind of documentation specifying why our applications were not successful.

By the way, we are from the UK.

MTIA for any help.

My guess is you & your brothers have turned 18 by 2007. Just coz of age issue, you & your brothers may not qualify.

 

[phb30432]

Hello, thank you for your swift response. My sister, who received a green card, was 21. I was 22, and my other two brothers were 24 and 28. So if the rule is 18, then none of us should of got it right? And also, if only my Dad was sponsored as a brother, how come my Mum got her green card?

Sorry if these questions seem ignorant, but I really am clueless as to the process surrounding immigration.

Thanks once again.

 

[LucyMO]

My guess is you & your brothers have turned 18 by 2007. Just coz of age issue, you & your brothers may not qualify.

aging out happens for the 21-year olds (not 18)... and then you apply CSPA.

To see whether you really aged out, one needs to know
1) when exactly I-130 was filed (10th June 1996)
2) when it was approved
3) when your priority date became current
4) and only after all of the above - your birthdays

and then you plug in all the dates into the CSPA formula and see whether you aged out. I do believe that there is a catch in regards to getting a visa within a year of your PD becoming current.

http://www.uscis.gov/files/pressrelease/CSPA2_pub.pdf

 

[phb30432]

aging out happens for the 21-year olds (not 18)... and then you apply CSPA.

To see whether you really aged out, one needs to know
1) when exactly I-130 was filed (10th June 1996)
2) when it was approved
3) when your priority date became current
4) and only after all of the above - your birthdays

and then you plug in all the dates into the CSPA formula and see whether you aged out. I do believe that there is a catch in regards to getting a visa within a year of your PD becoming current.

http://www.uscis.gov/files/pressrelease/CSPA2_pub.pdf

Hello, please can you tell me how I can determine when the application was approved? Is it the date that the applicants were given an interview date?

Also, how do I know when the Priority Date became current?

Again, please excuse my ignorance if the answers to my questions seem obvious to some.

Many thanks once again.

 

[susan ward]

this may help

http://expatsvoice.org/forum/showthread.php?t=23

 

[phb30432]

this may help

http://expatsvoice.org/forum/showthread.php?t=23

Hi, thanks for your response. I have read through some of the posts in the link you provided and have kind of figured out how I can calculate whether I have a case or not. The only thing I don't really understand is how I can find out when the priority date became current?

I recently returned from the Californian US embassy, where I was informed that I may be able to file an I-485. Do you think I have grounds for an appeal?

Thanks again.

 

[LucyMO]

I recently returned from the Californian US embassy

there is a US embassy in California????? Is California no longer a US State?

Hello, please can you tell me how I can determine when the application was approved?

you can tell from the notice of approval for I-130.

how I can find out when the priority date became current?

you look at the archived visa bulletins.
If it became current more than a year ago, you cannot file I-485.

By the way, are you in a legal status in the US?

 

[phb30432]

there is a US embassy in California????? Is California no longer a US State?

I went to the immigration office located at 444 Washington Street, San Francisco, CA 94111.

you can tell from the notice of approval for I-130.

I have a form I-797 titled NOTICE OF ACTION, which states that the Case Type was I-130, the Receipt Date was June 11, 1996, the Priority Date was June 10, 1996 and the Notice Date was September 24, 1996.

Is the Notice Date (September 24, 1996) the same as the Notice of Approval?

you look at the archived visa bulletins.

I have read through the visa bulletins, but have one question. As the child of the brother of the petitioner, what preference do I come under?

By the way, are you in a legal status in the US?

I currently reside in the UK, and my parents and youngest sister are in the process of moving to the US permanently, as they have green cards now. Me and my brothers, who did not receive our green cards would like to join them, hence my initial inquiry.

Thank you ever so much for the useful information you have provided. Do you think I should go ahead and file an I-485?

 

[phb30432]

When is the crucial time that I should have been below 21/above 21 and unmarried? Is it the date the PD became current (June 2007)?

I also posted this question on a similar forum, where someone there believes that I fall into the 2A/2B category, because we are unmarried sons and daughters. This is what is confusing me, do the categories apply to the relationship between the petitioner and those stated in each category, or the relationship between the primary beneficiary and those stated in each category?

I hope you can make sense of my question. If the latter applies, then the PD became current in June 1999. At this time, all the children on the original application were under 21 and unmarried.

Thanks once again, and just to update, the London embassy said they don't hold appointments for any reason other than the visa interviews. I have therefore explained my predicament and am waiting for them to advise me further. I will post here as and when I hear anything.

Once again, I cannot express my gratitude enough for all the help you've provided.

Kind regards.

 

[LucyMO]

I have a form I-797 titled NOTICE OF ACTION, which states that the Case Type was I-130, the Receipt Date was June 11, 1996, the Priority Date was June 10, 1996 and the Notice Date was September 24, 1996.

Is the Notice Date (September 24, 1996) the same as the Notice of Approval?

A notice of approval has the words "Approval Notice". Does yours?

 

[LucyMO]

I went to the immigration office located at 444 Washington Street, San Francisco, CA 94111.

I currently reside in the UK

I didn't ask you where you resided. I asked you whether you were in the US in a legal status.

I have read through the visa bulletins, but have one question. As the child of the brother of the petitioner, what preference do I come under?

since you are a derivative beneficiary of a petition for your parent, you'd look at his preference group - F4.

 

[LucyMO]

When is the crucial time that I should have been below 21/above 21 and unmarried? Is it the date the PD became current (June 2007)?

no. It's a combination of dates.

I also posted this question on a similar forum, where someone there believes that I fall into the 2A/2B category, because we are unmarried sons and daughters.
I currently reside in the UK, and my parents and youngest sister are in the process of moving to the US permanently, as they have green cards now.

Are you an unmarried son of a GC holder? Do your parents have GCs or do they have immigrant visas? Did one of your parents (a GC holder) file a I-130 for you? When he/she does, you may or may not be able to use a Priority Date portability clause - meaning that you could use an old petition's PD for your new petition. It's being discussed on this forum as we speak. Read up on that.

 

[phb30432]

Hello again. It seems that I may have mixed up a few of my answers as I am not familiar with some of the terms that you use.

I don't see the words "Approval Notice" anywhere.

I don't know what you mean by the term "legal status in the US"

My parent's (and my little sister) were issued GREEN CARDS in December 2007. On them it states that they are PERMANENT RESIDENTS.

Would the first step be to get them to file I-130's for the three of their children that did not receive green cards?

Thanks again, and sorry for my ignorance

 

[TheRealCanadian]

I don't see the words "Approval Notice" anywhere.

Then what you have is the receipt notice of the I-130. Does your father have an approval notice anywhere?

I don't know what you mean by the term "legal status in the US"

If you're not in the US, then you don't need to worry about this. I assume you have never stayed in the US illegally?

Would the first step be to get them to file I-130's for the three of their children that did not receive green cards?

Yes, and they should claim the original priority date according to CPSA. They might need an attorney specializing in these matters. It would be a good investment.

 

[LucyMO]

If you're not in the US, then you don't need to worry about this. I assume you have never stayed in the US illegally?

the problem is that he said:

I went to the immigration office located at 444 Washington Street, San Francisco, CA 94111.

where they advised him that he may be able to file I-485, which tells me that he is in the US. But he is not telling us in what status.

 

[sk28]

what makes somebody at age 57 to immigrate in USA. (OP father)

 

[phb30432]

Please allow me to clarify further. As mentioned my parents and little sister received their green cards in November/December 2007. They visited the US in December, and again just last week. Last week, I accompanied them to the States, during which time we visited the immigration officer in San Francisco. Although my parents and my little sister now have green cards, they still have commitments in the UK that they must attend to, so were told by the immigration officer that they must visit the US at least once every six months. It was then that she informed us that she sees no reason why the other children on the application were not granted green cards, and we should file an I-485.

No, I have never stayed in the US illegally.

So, we all still live in the UK, but plan to move to the US permanently as a family together in the next 2-3 years, pending the outcome of the remaining green card issuance.

I hope my position is now more clear.

The general consensus I'm getting is that I need to consult an attorney, so I think I will pursue that avenue now, and report back my findings.

Thanks again.

 

[phb30432]

what makes somebody at age 57 to immigrate in USA. (OP father)

I don't understand your question, sorry.

 

[TheRealCanadian]

so were told by the immigration officer that they must visit the US at least once every six months. It was then that she informed us that she sees no reason why the other children on the application were not granted green cards, and we should file an I-485.

This serves to prove that CBP agents don't always have a clue what they're talking about. There are two problems with this.

First - your parents and sister cannot merely "visit" the US. They need to reside there, and dropping by once every six months is an excellent way to get hauled before an immigration judge and stripped of permanent residency unless they can demonstrate that they are residing in the US. That means a house, job or other ties. If they do not plan on moving for "2-3 years" they will probably find that then they are unable to do so.

Second - you cannot just file an I-485 if you have aged out, and certainly not if you enter as a UK visitor under the VWP!

The general consensus I'm getting is that I need to consult an attorney, so I think I will pursue that avenue now, and report back my findings.

Your parents also need to consult an attorney to determine when they will lose permanent residence, and how quickly they need to move from the UK to the US. A Green Card isn't a border crossing card.