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suny_saini
07-22-2007, 07:14 AM
hello friends
hope u experienced guys can help me and advise me in my case:

my dad is a green card holder and a pernanent resident of US

me my mom and my younger bro were applied by my dad in E3 category.

abt two years ago we recieved a letter from DELHI-US EMBASSY abt some instructions abt visa. and at end there were names of travelling applicants and those were me , my mom and my brother.

now the Priority dates became current in june and we got a letter abt visa appointment and there were only two travelling applicants ( my mom and my brother)

my name was not there for interview.

on the day of interview i went with my family.
they took interview of my mom and bro and said everything is ok.
i was also there in waiting room and only i was allowed to talk and ask the officer at enquire

consular officer give my mom a notoce to present I140 and I824 approval notices. and they returned the passports of my mom and bro and told us to submit each applicant passport with the original approval notices.

i asked at lady at enquire that why they returned the passports?
and she replied that its all because my age problem and also they want to issue visa to all of us at same time.
so after u present the approval notice they will think and decide if i can be able to get visa or not.

then we have again submitted and also i submillted my passport with their.

can anybody help me and tell me wots gonna happen???
i cant wait of their responce.
here are some detials if u can check and calculate if i am elegible...

My current age - 21 yrs and 7 months

Age at the time priority date became current: (21 yrs - 8 days)= 20 years 11 months and 23 days

Priority date became current on 11 May http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
see date of posting at the end of page ie. 11 may

I-140 Filed: May20, 2003
Approved: October 8, 2003
Time taken : 5 monnths and 19 days

Three I-824 filed for Me, my Mother and my younger brother Filed ON: July 28 2005
Approved ON: Nov 7, 2005

Ucsis notified Nov 7, 2005 New Delhi consolate about there cases.

and we filled DS-230 and courier to Delhi US embassy.

Our dates were current near Nov 2005 but again they changed the dates and it became un current.

now dates are current again.

plz help me....

fromnaija
07-22-2007, 10:24 AM
You nearly aged out but since your priority date became current before your 21st birthday, you should be eligible to get an immigrant visa. CSPA protects you here. Also they should deduct about four months (period your father's I140 was outstanding) from your current age. This makes you eligible for a visa. See what happens at your next appointment but ask your Dad to talk to an immigration attorney in the US.

suny_saini
07-22-2007, 12:35 PM
yes we already have an attorney in US

i want to ask what if the age is 21 or greater than 21 b4 priority dates became current?

what is the solution then?

does CSPA automatically protects and applies and help the children who aged out or they should have filled some forms for seeking the help?

does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?

suny_saini
07-23-2007, 12:41 AM
plzzz i need more satisfication and help and suggestions........

fromnaija
07-23-2007, 01:45 AM
CSPA is the law that tries to protect dependant children from aging out. If you are over 21 at the time priority date becomes current, USCIS will deduct from your age the time I-140 was pending. Howver, if your age is more than 21 even after all the calculations, then your application will be converted to family-based. This will mean you will not be getting your green card very soon. I believe that in your case you should be eligible for an immigrant visa given the data you provided.

yes we already have an attorney in US

i want to ask what if the age is 21 or greater than 21 b4 priority dates became current?

what is the solution then?

does CSPA automatically protects and applies and help the children who aged out or they should have filled some forms for seeking the help?

does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?

suny_saini
07-23-2007, 02:40 AM
FROMNAIJA
Thanks alot for the information.

suny_saini
07-24-2007, 08:20 AM
does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?

fromnaija
07-25-2007, 05:30 AM
I don't believe there is any grace period.

does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?

suny_saini
08-04-2007, 07:36 AM
i am confused at the reason they gave to reject my visa.
according to our calculations in above posts i had hope that i will be eligible to go but today i got my passport and other submitted documents back with reply

In your case , the I-140 was filed on sept 10, 2001 and approved on october 08, 2003. The visa became available on october 08, 2003 . Form I-824 was not filed within one year of visa became available. <my name> was born on January 03, 1986. because he (me) is above 21 years old an immigrant visa as a derivative beneficiary of Employment third prefrence (e3) immigrant visa category cannot be inssued to <my name>. In order to qualify for a visa, he (me) would need to benifit from CSPA. Since form I-824 was not filed within one year of visa becoming available on October 08, 2003.
<my name> cannot be processed under CSPA

plz help me with right advice and solution so that i can travel with my family.
my mom and bro got te visa and it will expire in 6 monts and i want to go with them, can i be able to get visa in any case before their visa expire?

i badly need help.

things2strike
08-20-2010, 09:36 PM
Hi Friends,
My maternal uncle filed PR for my parents and the priority date is: 06/24/2002.
The date of approval of I-130: 03/12/2008
My age was 20 years and 5 days as on 06/24/2002. I am currently working in USA on H1B visa. So can I apply for Green card with change of status with my parent's I-130 with Child Status Protection Act?
Thanks,