• Hello Members, This forums is for DV lottery visas only. For other immigration related questions, please go to our forums home page, find the related forum and post it there.

turned up 21 during visa DV lottery process

R

roxane

New Member
Hello,

My mother won the DV2012 lottery while i was 20years old. She send all the papers needed to KCC and get an appointment at the embassy. Then i turned up 21 but in the appointment letter my name was still written as a beneficiary. However, when we went to the us embassy they accepted my mother (she has now a green card) but they denied mine because according to them i wasn't under 21 anymore. Do they have the right to do that? Should i get a lawyer in order to get mine too?

Thanks a lot for your help
 
Was it DV-2012?
What is your rank number?
Native country?
What is your age now (years and months)?
Did she get the appointment before you turned 21?
When was her appointment?
Have you ever been married?
 
Last edited by a moderator:
roxane said:
Hello,

My mother won the DV2012 lottery while i was 20years old. She send all the papers needed to KCC and get an appointment at the embassy. Then i turned up 21 but in the appointment letter my name was still written as a beneficiary. However, when we went to the us embassy they accepted my mother (she has now a green card) but they denied mine because according to them i wasn't under 21 anymore. Do they have the right to do that? Should i get a lawyer in order to get mine too?
Click to expand...
According to the lottery instructions, an applicant for the Diversity Visa must include all unmarried children under 21 in the application, whether that child is going to migrate with the parent or not.

Paragraph 14 of the instructions says that you might be protected under the CPA, so you could investigate that option. In short, this act "freezes" your age at a certain point and could result in you being treated as being under 21 even though you are not.
I found this page that could help you understand it better. It says that for Derivatives in DV cases age is determined by taking the age of the alien on the date that a visa first became available (i.e., the date on which the priority date became current and the petition was approved, whichever came later) and subtracting the time it took to adjudicate the petition (time from petition filing to petition approval).

It seems it really depends on exactly when you turned 21. Good luck
 
Last edited by a moderator:
Age concern

Hi Guys,

My father was selected for The DV-2014. However when we entered the lottery in October 2012, I was 20. I turned 21 in May 2013. My case number is EU37***. I see in some posts that there is a calculation to solve it and have a better view; but i cant seem to understand it. Anyone could help with an explanation? Thanks
 
If I read all numbers right you are "age-out" because by time of her interview you will be longer than 212 days 21.
 
That are the days from the start date of the lottery (October 1, 2012) until she got her notification (which I assumed was May 1, 2013).
 
European2014 said:
Hi Guys,

My father was selected for The DV-2014. However when we entered the lottery in October 2012, I was 20. I turned 21 in May 2013. My case number is EU37***. I see in some posts that there is a calculation to solve it and have a better view; but i cant seem to understand it. Anyone could help with an explanation? Thanks
Click to expand...

Here's the referenced calculation, according to INA 42.42:

9 FAM 42.42 N12.4 Calculation of CSPA Age for Preference Categories and Derivative Petitions

For DV cases the time period during which the “petition is pending” is necessarily different. That time period is calculated using the first day of the DV application period for the program year in which the principal alien qualified and the date on which notifications that entrants had been selected become available. That time difference will be subtracted from the derivative alien‟s age on “the date the visa becomes available” to the principal alien. The date a visa becomes available for a DV case is the first day on which the principal alien’s rank selection number is current for visa processing.
Click to expand...

http://www.state.gov/documents/organization/87848.pdf

Read it and do the calculation yourself, or any othe forum member who is more inclined can assist with doing that :)
 
You must log in or register to reply here.
Top