Strange Issue?

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user1985

Registered Users (C)
I'm asking this question in regards to my mom's friend.. They are Iranians who applied for an F4 visa (my mom's friend's brother applied for her) in September '98. She's married with 2 kids. At the time, one was already over 21, but the other was a teen. Anyway, their priority date was Sept. '98, and their approval was Oct. '02. Their visa became current in July '09. They paid all the fees up to the very end for all 3 individuals (2 parents, 1 child). However, when the visa interview date letter came, there was no mention of the son, who was now way over 21. But according to the Child Protection Act date, he's still eligible (he's 20 years and 2 months, according to the lawyer and to our own calculations.. His birthday is 4/1985). Anyway, we tried to find out about why his name wasn't on it to no avail, and they rejected him at the interview (of course), but not his parents.

That was months ago, and since then we've been appealing this decision for him. Just last week we FINALLY found out why he was not included, and that's because the consulate officer stated that his case was not pending 4 years (as is stated on the documents), but rather just SIX MONTHS. He stated some strange date of March '99 that is not listed on any document we have. Also, isn't it virtually unheard of to be approved in just 6 months for a Family 4 greencard? The lawyer is still corresponding with them, but I'm just wondering if anyone has experienced or heard of anything like this? Thank you!! :):):)

PS, They had another case years and years before this one, which expired because her brother had moved without updating his address.. so they had to file all over again. Could this have something to do with it? I doubt it because that was back in 1990 or 1992, I believe..
 
If it's true that the I-130 was pending for just 6 months, the son born in April 1985 would have aged out in October 2006 and would not be protected by the Child Status Protection Act.

You need to determine the real pending time (approval date minus filing date) before deciding whether to fight this any further.
 
Re:

Oh yes, you're definitely right about that.. if that approval date of 1999 is accurate, then he would have surely aged out. However, they have no documents with that date as far as they know.. I have something of theirs, a Notice of Action from the INS that states that the petition has been approved. The notice date is 10/1/2002. It states the Priority date as being 9/21/98 and the receipt date as 9/22/98. I assume that had the March '99 date been the accurate approval date, they wouldn't be receiving this notice 3.5 years later. :) I mean, they might have made a mistake at the consulate, don't you think? F4 visas really generally aren't approved in 6 months as far as I know.. Thank you!! :):):)
 
Oh, by the way, I have a copy of this exact type of document, the I-797:

immihelp.com/greencard/familybasedimmigration/sample-i-130-approval-notice.html

That's what I'm reading off of..
 
This is what it says online when I use their receipt date to check their status:

Post Decision Activity
On October 1, 2002, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
 
Hi again.. We just received a reply from the consulate person that had been corresponding with us.. He sent us a copy of the I-130 that has an "approved" stamp of the March '99 date. However, if that was the case, wouldn't they IMMEDIATELY have been notified, rater than in October of 2002, the date of the I-797 form?
 
user1985 said:
Hi again.. We just received a reply from the consulate person that had been corresponding with us.. He sent us a copy of the I-130 that has an "approved" stamp of the March '99 date. However, if that was the case, wouldn't they IMMEDIATELY have been notified, rater than in October of 2002, the date of the I-797 form?
Click to expand...

No, that is normal. It just sat on a shelf while INS was dealing with more pressing matters. That was a rather busy time with the LIFE Act which renewed a filing window for 245(i), created the K-3/4, and V non-immigrant visas, and settled old lawsuits, among other things.
 
Re:

Oh.. Well, that sucks. :( So, does that mean that the son has now aged out? I mean.. how were they supposed to know that it only took 6 months for them to be approved when they weren't notified until years later? Thank you! :)
 
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