Step-children

[Jackolantern]

The problem is that they sometimes give answers that are based on the more common scenarios, without stopping to analyze whether your particular case fits that scenario. For example, it is common for them to incorrectly tell over-21 derivatives that they're not eligible to immigrate with their parents, because they didn't stop to figure out their eligibility under the CSPA.

In this case they probably had in mind the more typical family scenario of a mother immigrating with children as derivatives, without stopping to see that this case involved separate and direct I-130s for the children.

 

[faysal]

Thansk everybody for the responses. I think consular officers do not interpret the law. They have their own lawyers they consult. In this specific situation, before I petititioned for my stepchidren, I did some research and concluded that the stepchildren could not travel without their mother. My family's interview was July 30, 11, however, my wife's medical didn't clear so her interview was delayed. The stepchildren had their interview on time, and was put on a three month administrative processing. Once the AP was complete they said since the mother is the primary applicant and the children a direvative, they will have to wait for their mother. Once their mother is interviewed we will issue the vise at once, but without the mother the children have to wait. They have been waiting since Sept. The mother cleared her medical on Sept. and her interview on Dec. 13. Everything was fine, unforjunately her medical expired on Dec. 19. She had an abnormal chest/xstray and her medical was expiring in three months. The chidren's medical is expiring on Jan 21 2013. I have been in touch with them and I have to do the medical again for all of them. So that is where things stand. Since Dec. I have been beging them to let me do the medical and they are insisting the case needs to be reviewed by an officer, and we can issue the visa because the mother's medical has expired and the children are dependent...thanks all of you guyt

 

[TheRealCanadian]

Once the AP was complete they said since the mother is the primary applicant and the children a direvative, they will have to wait for their mother.

If the children had a separate I-130, they are NOT derivatives. You should challenge this.

 

[faysal]

They all had their own I-130 approved, but how can I challange them? It will take years. I think it is easier for me to wait for their process to complete and have the children come with their mother...Will seee

 

[TheRealCanadian]

You may have a point. Who is "them"? Why can't your wife get a new medical exam?

 

[raevsky]

Once the AP was complete they said since the mother is the primary applicant and the children a direvative, they will have to wait for their mother

You need to write them am email pointing that the children are not derivatives, they are primary applicants. That is clearly a consular mistake. I saw things like that once on another forum. An single email like that was enough to have visas issued to the children.

 

[raevsky]

I think consular officers do not interpret the law

They usually do. Howevery, in this case they misinterpreted the law.

 

[Cindy J]

I disagree with what the consular officer said. I encourage you to speak with someone at the State Department about it.

Contacting Visa Services - Information is available to the public by telephone at the Visa Services, Public Inquiries Division at (202) 663-1225. The telephone number provides the caller with a selection of pre-recorded information and the ability to talk to a visa specialist during business hours. Persons desiring information about a specific visa applicant are advised that immigration law provides specific prohibitions about providing case specific information to third parties. Before calling with a visa inquiry, we request that you carefully review this website and also the Embassy Consular Website abroad. NOTE: The Public Inquiries Division is not able to accept visa inquiries by.
Big Joe I'm happy I came across this answer.
My step mother who is a us citizen by birth filed a petition for me and my other 3 siblings, through out the process they said that the primary applicant ( myself) can travel first amd the others can follow but the others cannot enter before me. Now we all received IV (ir2 category ) but I had a baby after the visa was issued so I can't travel because they said my baby is not entitled to apply iv with me. I told them so if I can't go my sibling can go either? some wrote back and said they can travel individually or together because they all have the own visas. The truth is each time u speak to a different consular official u get a differnt answer.

 

[Cindy J]

Can someone tell me if they have any experience with its situation;
My step mother filed a petition for me on the dat of my interview I told embassy officials that I was 7 month pregnant and m due date is April 18th it the took them 2months to issue my visa and the baby came prematurely but after the issuance of the IV. HOW CAN MY BABY FOLLOW ME ON MY FIRST ENTRY TO THE US? Embassy officals say I have to leave the baby
Some say add the baby to the passport some say he needs a visa but I foreign affairs manual sec 211 b says the baby dont need a visa and also sec 42 n1 of the immigration and nationality act state that the child do not need a visa. How comes embassy officials are telling me I have to enter without the baby then file for him when I become lpr. I already have an Alien number.