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Jennifer Marie, Esq.
Jennifer Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 3371
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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My brother is waiting for a visa to be available for him.

Customer Question

My brother is waiting for a visa to be available for him. His application was accepted, but there is no Visa available at this time. I sent a letter to them asking if the could freeze the age since he is 20, and they said no. I don't why?. Also, he went to the embassy in Nicaragua to get a student visa already approved by a college in the US and the embassy denied his student visa and took his tourist Visa away. So, now he cannot travel to the states where our whole family is. What can I do so the embassy in Nicaragua gives him at least his tourist visa or a student visa?
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Jennifer Marie, Esq. replied 1 month ago.

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

Unfortunately I'm not going to have very good news for you on this and I hope you can understand that I don't make the laws and I cannot change them.

First- the US consulate or embassy or USCIS does not have the power to "freeze" your brother's age. No one has this power. The only way that someone over 21 can be considered to be younger than their actual age for immigration is by using the Child Status Protection ACT , CSPA. CSPA can be used once there is a visa available for your brother, not before and only in certain cases.. At that point when it's available, your brother will be able to subtract the total time that his I-130 petition was pending before it was approved from his age. This means that if his I-130 was pending for 6 months before it was approved and if your brother is 21 years and 5 months old when there is a visa available, then he can subtract 6 months from his age and that makes him 20 years and 11 months old. In that case, he would still be qualifies as a child and being under 21. You cannot calculate all this until his visa becomes available.

As far as the tourist and student visa, the reason they are denying him is because he has the family petition I-130 approved and they know that he has intentions to live in the US. They believe that if they give him the tourist or student visa, that he will stay in the US permanently. In other words, they believe he has immigrant intentions and you are not supposed to have those to be given a tourist or student visa. Unfortunately it is very hard to get a visa when you have the family petition approved and it's even harder since he was already denied.

The only thing he can do is try to apply again. If he tries for the tourist visa, he should try to show that he needs to come to the US for an emergency or a big event and provide proof. He should also show proof of significant ties to Nicaragua as proof that he intends to return to Nicaragua, such as a good job, home, properties, etc. There is no guarantee and the chances are low unfortunately. Again I'm so sorry.. I wish I had better new for you but I must be honest.

Good luck to you and I hope this answer has helped you!

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