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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3805
Experience:  Private practice in several areas, including immigration
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My son has aged out when the interview was made this month.

Customer Question

My son has aged out when the interview was made this month. I had not file for consideration under CSP
JA: Have you talked to a lawyer yet?
Customer: not yet
JA: Anything else you think the lawyer should know?
Customer: is this a free consultation?
JA: The Immigration Lawyer's require payment for their services. It's way less expensive on JustAnswer than face-to-face would cost.
Customer: how much do you charge then?
JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.
Customer: may i know how much so that i may know if I can afford or not
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Jennifer Marie, Esq. replied 5 months ago.

Hi, my name is ***** ***** I will be the immigration attorney helping you today.

Can you please tell me what your question is and all background details?

You aren't charged more for answering my questions.

Customer: replied 5 months ago.
My son had an interview June 14, 2016. He is F43 visa. As his ceac status read ready, I (principal applicant) instructed him to go for medical and interview in US embassy Manila, Philippines. He was not given an immigrant visa because he has aged out. He is 24 years old now. He was advised to have an appeal under CSPA. As I read the law on CSPA this day, I should have filed to freeze his age. At that time I had no idea what was all about because I did not search for this thing of legalities.
Priority date: Aug 20, 1991. My interview notice was Feb 2014 to be held at Riyadh, but requested to change location to Philippines. My question is how to appeal under CSPA now. Is there hope to be considered? The revised law stated that within one year upon availability of visa, CSPA should be filed or else he will not be eligible for this visa anymore.
Expert:  Jennifer Marie, Esq. replied 5 months ago.

I will need more information first.

Who petitioned for your I-130? What day was it filed and what day was it approved?

Customer: replied 5 months ago.
My sister is the petitioner. Year of petition is sometime 1988. Do not know when was it approved
Customer: replied 5 months ago.
I just want to know how to appeal thru CSPA
Customer: replied 5 months ago.
should I just make a letter or is there a ready document from DOS/Immigration office?
Expert:  Jennifer Marie, Esq. replied 5 months ago.

I would need to know when it was approved in order to tell you if you have a good case.

Customer: replied 5 months ago.
Let me ask my sister tomorrow and I will just email you then.
May I have more questions so that I can forward it to her in order for me to answer you quickly.
Expert:  Jennifer Marie, Esq. replied 5 months ago.

Yes no problem. Come back to this page when you have it.

Customer: replied 5 months ago.
My sister petitioned us sometime 1988 or 1989. Do not have the information as to the date of approval. But the priority date was Aug 20, 1990, and the availability of the visa number was March 2014. I did not understand about how to go about CSPA, so no action was taken as to freezing of age his age before going to interview as immigrant visa applicant in US embassy Manila last June 14, 2016. Do I have to go appeal for reconsideration under CSPA although the new law says that within one year upon the availability of the visa when no action is made, my son is not eligible for this visa anymore?
Expert:  Jennifer Marie, Esq. replied 5 months ago.

Unfortunately, I NEED the approval date. There is no way around that. The only way I can know if your child qualifies for CSPA is if I know when it was approved. Do you have no idea , more or less when it was approved?

Customer: replied 5 months ago.
Is the date approved same as the date when priority date was posted March 2014 in the visa bulletin?
Expert:  Jennifer Marie, Esq. replied 5 months ago.

No, the date approved is when your petition was approved. Your petitioner would have received an approval notice.

Customer: replied 5 months ago.
or is the date of approval closest to the date of the receipt of immigration application fee?
Expert:  Jennifer Marie, Esq. replied 5 months ago.

Neither.. it is a totally an INDEPENDENT date. Your petitioner would have received a notice of approval. You can look on uscis.gov and enter the Receipt Number. The date of approval should appear there.

Customer: replied 5 months ago.
Estimated time will be 1994
.
Customer: replied 5 months ago.
thanks. will search
Expert:  Jennifer Marie, Esq. replied 5 months ago.

Do you have the receipt number?

Expert:  Jennifer Marie, Esq. replied 5 months ago.

Hello, were you able to find the receipt number? If you send it to me I can look it up for you.