Regarding immigrant visa interview during coronavirus

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SeriousJokerWhySo

New Member
Hi all,
I need some expert advice on this below issue.
I applied for an f4 immigrant visa for my sister in India.
PD: 21 Dec 2004
Approval date: 29 Oct 2010
The PD got current in visa bulletin of April 2020
Their visa interview date came out to be 3rd april 2020.
My sister has a son who is eligible for the visa as a derivative beneficiary based on CSPA. His birthday is 1 Sept 1993.
He is currently on F1 student visa in the US.
Because of the pandemic going on, I saw an alert on indian consulate website that all visa appointments after 15th march 2020 are cancelled.
My agent tried contacting nvc/uscis asking if a change of status can be filed for my nephew but they said that as the file is at the consulate now, they can't help us and the consular will make the decision at the interview.
When the agent tried contacting the NVC for allowing my nephew to the interview as he is eligible for visa through CSPA,they replied with the same alert that I saw on their website.
But we haven't received any cancellation email or any other kind of notification as of now.
Now my sister is skeptical if the interview is cancelled or not?
Also if my nephew should go back to India to accompany my sister for the interview as he is eligible?
Also he is graduating this may, so he might not be allowed back on student visa if he doesn't get the f4 visa.
Please guide us on what should we do.
Thanks
 
Your nephew is a derivative of your sister, so he can’t get his visa (or adjustment of status based on the petition) before your sister gets hers. No one knows when visa interviews will start up again.
 
Thank you for replying.
My agent was telling that they calculate the CSPA age on the day of interview, so if the interview gets postponed it is possible that he will get aged out. Is there any way that CSPA age can be locked?
 
SeriousJokerWhySo said:
Thank you for replying.
My agent was telling that they calculate the CSPA age on the day of interview, so if the interview gets postponed it is possible that he will get aged out. Is there any way that CSPA age can be locked?
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Your agent is wrong. CSPA age gets locked on the date a visa becomes available, providing that the beneficiary seeks to acquire a visa within one year of that date (filling in a DS260 meets the seek to acquire requirement). See the section for family based visas here https://www.uscis.gov/greencard/child-status-protection-act
 
Yes, I had read this before and told my agent about it but he said that he has handled previous cases and tells from experience so I got confused.
Thanks for the instant reply and clearing this doubt.
So basically as per my understanding when my sister has her interview, she will have to tell the consular about her son's CSAP eligibility and then the consular will allow her to fill the ds-260 for her son right? Or is there any other way to do it?
 
I would have expected they would all already have filled in DS260s? How did she get an interview date without submitting all documents? Who is listed to go to the interview?
 
My sister and her husband have already filed the ds260s and so they got the interview but her son is not included in the interview as his ds260 is yst to be filled. And as per CSPA his ds260 should be filed within one year of visa availability. So I asked the previous question.
 
SeriousJokerWhySo said:
My sister and her husband have already filed the ds260s and so they got the interview but her son is not included in the interview as his ds260 is yst to be filled. And as per CSPA his ds260 should be filed within one year of visa availability. So I asked the previous question.
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Well... I still don’t understand why he hasn’t filled it in. What was the plan for him to get his visa/green card? He needs to submit all documents, medical, interview.
 
SusieQQQ said:
Well... I still don’t understand why he hasn’t filled it in. What was the plan for him to get his visa/green card? He needs to submit all documents, medical, interview.
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His name was not there at the time of filling my sister's ds260, I think because he was over 21 when the PD became current in the filing chart.
 
My agent at that time told me that when they get an interview date and if her son is eligible for CSPA then we will file the ds 260 for him.
 
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SeriousJokerWhySo said:
So what should we do now, are you suggesting that its too late to add my nephew back to the case?
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It shouldn't be too late but tbh I don’t know what the process would be, usually people do it at that stage so that the family all get scheduled for interview together.

SeriousJokerWhySo said:
My agent sent an email to NVC after my sister received an interview letter to add my nephew to the case based on CSPA eligibility but got the coronavirus alert in reply.
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I’m sorry, I don’t know your agent and don’t want to cast aspersions, but this sounds fishy from the agent. If your sister received an interview notification then that would have been probably at least a good few weeks before the coronavirus issues were at hand. When did she get that notice? Sounds like your agent only just sent an email to NVC, it’s only the last week that the suspensions of service due to coronavirus have been in place.
 
SusieQQQ said:
It shouldn't be too late but tbh I don’t know what the process would be, usually people do it at that stage so that the family all get scheduled for interview together.


I’m sorry, I don’t know your agent and don’t want to cast aspersions, but this sounds fishy from the agent. If your sister received an interview notification then that would have been probably at least a good few weeks before the coronavirus issues were at hand. When did she get that notice? Sounds like your agent only just sent an email to NVC, it’s only the last week that the suspensions of service due to coronavirus have been in place.
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We got the P4 interview letter on 10th march 2020.
After that my agent sent the email for my nephew's CSPA applicability.
 
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