Is my nephew eligible under child status protection act

H

hamin

New Member
:confused: I petitioned for my sister and her family (Husband, Son, Daughter) in 1991
My nephew’s DOB is May 21, 1983
I received a notice of action indicating receipt of necessary fees and I-130 form with NVC receipt number dated 10/29/1991
My sister received a letter from Transitional Immigration Visa processing center with BMB case number dated January 16, 1992
Affidavite of support fee bill Paid in March 2003
Immigrant visa application processing fee bill
( for My sister, Her husband, Her son and Her daughter) Paid in April 2003
Affidavite of support I-864 Submitted in May 2003
DS-230 (for My sister, Her husband, Her son and Her daughter) submitted in May 2003

My nephew turned 21 in May 2004 (My nephew’s DOB is May 21, 1983)
Now recently the visa number has become available for my sister and her family
My sister, Her Husband and Her Daughter received Visa interview appointment letter for October 2004 but my nephew was not scheduled for Visa interview.

My question to the people who may have gone through this situation:
Is my nephew eligible for child status protection act (CSPA) signed by President Bush in August 2002?
DO I need to fill out any form to adjust his status?
 
Same Case

Hey Hamin
I am having exactly same case,only difference is i am in the place of your nephew and i didnt get the visa call as my name was not there in that letter.Can u let me know what you did for your nephew....please.....

i am waiting for your esteemed reply
 
Both of you guys are a little late. There is a petition that you can file if an immigrant benificiary is reaching the age limit. This petition allows your case to be process faster than others and most of the time, gets you the green card before you are 21. THe problem is that your nephew is already 21 and therefore, there is no way you can bring him to the US now. The only way I see is to get him on F-1. By the time he finishes his education, his parents will be citizens and they can file for him. They can file for him after the get their green cards also but that may take longer than the first approach.
 
EricNeesGC said:
Both of you guys are a little late. There is a petition that you can file if an immigrant benificiary is reaching the age limit. This petition allows your case to be process faster than others and most of the time, gets you the green card before you are 21.
Click to expand...

Why don't you believe the CSPA applies in this case?
 
EricNeesGC:
There is a petition that you can file if an immigrant benificiary is reaching the age limit.Can you give me some more information on this?? My niece is going to be in that situation eventually.
I appriciate your help.
 
Cspa

Hi there,

No Doubts, CSPA applies in your case. I have gone through all of these things myself.

Contact a good Attorney who can challenge the immigration and submit a so called "brief" to BCIS.
 
When did you get the receipt?

Hi all,

I have a question somewhat related to this topic - I was wondering, Hamir, Mihir and the rest - can you tell me when you got the receipt number for your siblings case? - Was it a few weeks right after you sent in the application, or did you have to wait a few years before you got the NVC receipt number?

My aunt sent in an application for my mother in 1997, but she says she has not received a receipt number - since she did not use a lawyer, I am not sure how we can track down a ten-year-old case with no receipt number! Can you tell me definitely when you got the number?

Thanks a lot! DG
 
DesiG said:
Hi all,

I have a question somewhat related to this topic - I was wondering, Hamir, Mihir and the rest - can you tell me when you got the receipt number for your siblings case? - Was it a few weeks right after you sent in the application, or did you have to wait a few years before you got the NVC receipt number?

My aunt sent in an application for my mother in 1997, but she says she has not received a receipt number - since she did not use a lawyer, I am not sure how we can track down a ten-year-old case with no receipt number! Can you tell me definitely when you got the number?

Thanks a lot! DG
Click to expand...
They send a Receipt Notice within 30 days. Does she remeber, is check has been cashed for that?? If she can get that cancelled check, there is receipt # on back side of that check.
 
Thanks Amishah!

I doubt she remembers about the check - but she does have the "return receipt acknowledgement" from the US Post office. I will check with her though.

Do you know if its a district office thing? She sent it to the Houston office, so it could be that local office did not send the receipt. I guess the best thing to do would be to call them up.

Thanks again!
 
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