Please help.. parents approved, children not..

re:

Oh, thank you for that information. But in this case, it was less than 1 year wasn't it? June 2009-March 2010?
 
BigJoe5 said:
There is hope, according to the statute you have at least a 3 years window of opportunity. An initial 1 years and if they terminate, you can try to reopen for 2 years AFTER they give proper notice. It has to be proper notice, that issue has already gone to court.

INA 203(g) Lists

For purposes of carrying out the Secretary's responsibilities in the
orderly administration of this section, the Secretary of State may make
reasonable estimates of the anticipated numbers of visas to be issued
during any quarter of any fiscal year within each of the categories
under subsections (a), (b), and (c) of this section and to rely upon
such estimates in authorizing the issuance of visas. The Secretary of
State shall terminate the registration of any alien who fails to apply
for an immigrant visa within one year following notification to the
alien of the availability of such visa, but the Secretary shall
reinstate the registration of any such alien who establishes within 2
years following the date of notification of the availability of such
visa that such failure to apply was due to circumstances beyond the
alien's control.
Click to expand...

It's already 2 years after such notification, so it's too late to assert the "circumstances beyond the alien's control".
 
hreshtag said:
I now understand how to look thru the visa bulletins, and found this one:

travel.state.gov/visa/bulletin/bulletin_4512.html

from July 2009 that shows under the F4 category, a date of Oct 22 1998. Their PD was 9/18/98. They gave the case to a lawyer in March 2010.
Click to expand...

So it wasn't 2008 (as you said in post #4) when they paid the visa fees, it was 2010? When exactly in 2010?
 
Hi again.. I just asked them and they said they paid their fees December 2008. I'm sorry if I seem really not very knowledgeable about these things, I just basically know very little about it all, I'm just starting to learn and find out, if you'll forgive my amateurishness. :) Thanks again!
 
re:

Hi.. You asked whether they paid the fees in 2008 (which they did, Dec. 2008), but I was just wondering what that has to do with them not accepting their son? I mean, if the visa number became available July 2009 and they gave their case to a lawyer 7-8 months later, wouldn't that fall under less than one year? Thanks again for reading this thread, I really appreciate it.. everyone has been telling me different things (lawyers, friends, etc.) but your advice here on the forum seems to be the most concrete. Thanks again.
 
I don't think you have the facts straight. It doesn't make sense that they paid the visa fees in December 2008, because their priority date in 4th preference (i.e. visa number availability) was not current or close to current at that time (became current in July 2009, as you mentioned above, and I verified that on the visa bulletin).

And if the category was 3rd preference, it means they applied for the visas more than a year after the priority date became current.

Find out the real facts and get back to us.
 
re:

Hi.. Ok, I'll try to gather as much evidence as possible. I asked my aunt about the date she paid, and that's what she stated, and also about her brother now being the one who applied for her. I understand what you're saying, though, about it not making sense. I'll get back to you about it, thanks again.
 
re:

Hello again. Once again, you were right about the incorrect information. I asked another member of the family, and this person gave me the correct information (as opposed to the previous person which I believe was just misinformed). They paid the visa fees on January 14th 2010. Thanks again!
 
They paid in Jan 2010, including the son? Then it looks like the consulate was wrong to deny him. Get a lawyer to review the paperwork and prepare a letter to show his CSPA eligibility and request a consular review of the decision (actual appeal is rarely possible, but one can request the consulate to review its own decision).
 
Hi.. Yes, they paid for the 3 of them in Jan. They emailed me the document yesterday showing the transaction with the $1200 for the 3 of them. Thank you, I will give them your advice. I'm thinking it might be better to hire another lawyer, though, as I suppose this one should have done something further once they were denied? He just sent a letter to them that he wrote from my aunt's perspective as a request for reconsideration and they replied with, sorry.. well, actually I have the reply that they sent him here:

Dear Sir/Madam,

We are sorry to inform you that neither of your children is eligible to apply for an immigrant visa as your derivative child. Their ages were calculated carefully under Child Status Protection Act. But unfortunately calculated ages were again over 21. Therefore during the interview Interviewing Officer informed the parents about this.

After the parents receive their immigrant visas and travel to the US, they will need to file I130 petition for each child through USCIS office in the US.
I hope you find this information helpful.

Regards

IMMIGRANT VISA UNIT

Basically, my aunt was very upset though, as even as early as recently as January (as shown by them paying the fees for her son), they thought that he was in the case. So when they denied him and didn't include his name in the appointment letter they received, it really broke their hearts, and I've been trying to figure out if there possibly was a mistake on the consulates part. Well, I suppose it's best to consult a different lawyer and see what he says. Thanks SO much for your help, I appreciate it so so much!
 
Oh, and lastly, the request for reconsideration letter that the lawyer sent to the immigration visa unit.. is that the same thing as a consular review? Because, if that were the case, I suppose that they've already denied their request. The lawyer said he'll write a heartfelt letter from my aunt's perspective saying something like, "please allow my children to, blah, blah" and "please reconsider your decision." Do you think now it's too late to do what you said (consult another lawyer and prepare a letter)? THANK YOU!
 
Consult a different lawyer. This lawyer apparently didn't clearly spell out the dates and ages in a manner that would make it clear and obvious that he qualified for the CSPA.

e.g.

I-130 filing date: xx/xx/xxxx
I-130 approval date: xx/xx/xxxx
Time I-130 was pending: X years, X days
Date of immigrant visa application: xx/xx/xxxx
Date when visa first became available: xx/xx/xxxx
Date of birth: xx/xx/xxxx
CSPA-adjusted age when applying for the visa: ____ minus ____ = X years, x days

Consulting another lawyer also has the advantage of getting a second evaluation of his actual CSPA eligibility. The lawyer will be able to see the exact paperwork, rather than relying on second- and third-hand information like you and the rest of us are doing on this forum. When s/he sees the real information s/he'll either conclude the consulate was right, or be able put together a more convincing letter if the consulate was wrong.
 
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hreshtag said:
Oh, and lastly, the request for reconsideration letter that the lawyer sent to the immigration visa unit.. is that the same thing as a consular review? Because, if that were the case, I suppose that they've already denied their request. The lawyer said he'll write a heartfelt letter from my aunt's perspective saying something like, "please allow my children to, blah, blah" and "please reconsider your decision." Do you think now it's too late to do what you said (consult another lawyer and prepare a letter)? THANK YOU!
Click to expand...


Your family hired a lawyer suffering from constipation, because anyone claiming to be a lawyer, should be able to count. The letter he's claiming that he's going to write is hogwash, USCIS follows guidelines and no amout of sobbing in a stupid letter is going to change their decision. What the lawyer is interested is getting his money from your family. Find a dump truck in your city which collects all rotten lawyers, and make sure they pick him. Lastly, make sure you go to your local bar association, file a complaint against this lawyer for malpractice because he's clearly a nut!!! Do you even know if he is a real lawyer?
 
I just realized a VERY silly mistake that I made. Because I was thinking it will be after the July 2009 date that they paid their fees, I just saw Jan. 14 and thought it was 2010. Now I just realized it says 2009! Actually, my mom realized it. That seems so strange because, if their visa date became available after that, how's it possible they paid their fees so early? I suppose what they had told my mom before, Dec. 2008, was accurate. Also, it for sure is a category F4, because it says so on the letter that they forwarded me. Now I'm just confused. :( I'm sorry about the silly mistake I made in not realizing the year. ::sigh:: I feel pretty dumb hehe.
 
Too much conflicting information here. You need to have another lawyer directly review all the paperwork.

There is some good news ... I read that if a consulate misapplied/miscalculated the CSPA, and multiple requests with the consulate to correct the mistake still fail, you can appeal it in Federal court. The CSPA calculation is not a discretionary decision, so the courts can force them to apply the law correctly if the decision was based on a misapplication of it.

http://www.avvo.com/legal-guides/ugc/reviewing-a-consular-denial-in-court-1
 
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