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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28188
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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We received a letter from NVC,

Customer Question

We received a letter from NVC, asking to send a detailed explanation to the NVC if we think a child is eligible under cspa law.They will forward it to the U.S. Embassy/Consulate General for a decision.
Now this is what do I want from you: Can you write that letter/ detailed explanation and send it to me ?
This is F4 category case, for brother and sisters of US citizen. My brother is a US citizen who has submitted this application for me and my son is over 21, however we think he can benefit from CSPA and can immigrate along with me. He is unmarried.
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Judith replied 1 year ago.
Hello, my name is Judith. Thank you for this opportunity to answer your questions. I have 34 years experience as a licensed immigration attorney.
I need more information that what you have provided.
Here is the information needed to calculate the age:
1. Child's Date of birth:
2. Receipt Date of Petition Filed:
3. Date the Form I-130 was approved:
4. Length of time the Form I-130 was pending: (i.e. November 15, 1995 to January 15, 1997 which is 1 year 2 months)
5. Date the petition became current (by looking at the Department of State Visa Bulletin):
6, Date the visa became available (later of #3 or #5):
7. Age of child on date visa became available: (#6 minus #1)
8. Age of child for CSPA purposes (i.e. age at time visa became available minus length of time petition was pending (#7 minus #4):
If line 8 is less then 21, then your child would still be a child under CSPA.
You can use this link to find the date the date the petition's priority date became current.
I can assist in writing the letter if you provide me all the dates for the formula and it shows your son should benefit from the CSPA.
Judith
Customer: replied 1 year ago.
Child's DOB : July, 15, 1988
Child is single, unmarried
I-130 filing date: Nov, 15, 2002
I-130 approval date: Aug, 24, 2009
Customer: replied 1 year ago.
Child's DOB : July, 15, 1988
Child is single, unmarried
I-130 filing date: Nov, 15, 2002
I-130 approval date: Aug, 24, 2009
Expert:  Judith replied 1 year ago.
I need to know when the visa become available?
When were you scheduled for interview?
How old was the child on that date?
Judith
Customer: replied 1 year ago.
Is n't the I-130 filing date the same as priority date,which is 15 Nov, 2002. Based on that the visa is as of now not available. The current PD is Oct 22, 2002. We have received the letter from NVC, stating they will schedule an interview soon. I am hoping the visa will become available in August.
Expert:  Judith replied 1 year ago.
Until the visa becomes available it is premature to set forth the grounds on which you believe the child has qualified for the CSPA
However, calculations on the speculation of your son's son's age being tolled under 21 and eligible for the immigrant visa under the CSPA if the visa becomes available before his next birthday are as follows:
1. Child's Date of birth: 11/15/2002
2. Receipt Date of Petition Filed: 11/15/2002
3. Date the Form I-130 was approved: 8/24/2009
4. Length of time the Form I-130 was pending: (i.e. November 15, 1995 to January 15, 1997 which is 1 year 2 months)
6 years, 9 months, 9 days excluding the end date
5. Date the petition became current (by looking at the Department of State Visa Bulletin):
09/01/2015):
7. Age of child on date visa became available: (#6 minus #1)
27
8. Age of child for CSPA purposes (i.e. age at time visa became available minus length of time petition was pending (#7 minus #4):
27-6 yrs 9 months 21-9 months = 20.3 months
I can write the letter for you if you so desire. Your son does qualify based on the speculation that his visa becomes available 9/1/2015 or earlier (July or August).
I will send you an offer and it will be in your email box.
I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face, but more importantly, I want you to come back to the site for all your answers from over a 100 categories of experts!
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith
Expert:  Judith replied 1 year ago.
I totally understand if you do not want the additional services because with the way I put your answer I gave you everything you need for the letter. You can copy and paste it. If you would still like a live phone all I can send you a different offer for additional services.
May I answer anything further for you? Was my answer not helpful? I put in significant time doing the calculations for you. I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or stars.
Judith

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