IMMIGRATION VISA CASE - APPLICABILITY OF CSPA BENEFIT

srkrajareddy

New Member
Dear All,

  • My brother filed immigrant visa petition under F4 category for me on 20th November 2004
  • For Total number 4 – me (Principal applicant), my wife, my two daughters(derivative applicants/beneficiaries)
  • Petition notified 3rd August, 2009
  • Priority date is in 10th November, 2004
  • On 27.04.2018 NVC sent welcome letter
  • As on that date one of my daughter crossed 21 age but unmarried, her date of birth is 06.03.1997
  • As per Child status Protection Act (CSPA), even she crossed 21, eligible (As per CSPA calculation 3rd August2009-10th November, 2004=5 years will be deducted from present age and the resultant age should not cross 21, so she is eligible
  • My brother as petitioner and also as agent when wanted to pay visa fee for four of us, NVC opened visa fee links (sent only three invoices) for only three except for the daughter who crossed 21.
  • He inquired at that point of time and they said that for her we need to wait when the priority date become current date
  • So, on the basis of this information provided by NVC, he paid visa fee and submitted visa applications DS260, for three people and also submitted the personal documents, financial documents for the three people and NVC confirmed receipt of the documents and advised us to wait for notification of interview. Since then we are waiting for the date to become current (i.e., notification of interview date)
  • One week back, we received interview letter for only three for whom the visa fee was paid and advised us to attend the interview.
  • No information was received for the daughter who crossed age 21 and we are worried what happens to her.
  • As the priority date has become current, we hoped that she will also get and they would have reviewed her status and allow her to pay visa fees and submission of Form DS260, to enable her also to attend the interview along with us.
  • Contacted NVC, they said that on the date of interview, if visa officer approves her under CSPA benefit then the visa fee can be paid on the date of interview
  • Kindly give your opinion whether she will also get opportunity and how she will have to attend the interview after our interview date (by the time our interview will be over).
  • I have also verified USCIS, it is clear from there that she is still eligible for immigrant visa as per CSPA and it is also clearly written that CSPA is applicable for F4 immigrant visas and also to derivative beneficiaries.
  • Kindly inform of any such case where any body got the visa for such person who crossed 21 age.
  • We three for whom interview is notified have already took medical appointment, bio metrics and police clearance certificate, on the basis of the advise from NVC that the visa officer on the date of interview will review it
SRK Raja Reddy
 
You are correct, she is protected by CSPA. Contact NVC again and ask for her to be added back to the case under CSPA sp you can fill in forms etc. I am not sure why you got the response you did as many reports have the person in question added back before, and many embassies will not allow someone in if they are not named on the interview schedule.
 
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