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Expert Mark, Immigration Attorney
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How to appeal for the denial of an immigrant visa. I sponsored

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How to appeal for the denial of an immigrant visa. I sponsored my younger sister and her family about 20 years back. 10 years back when they got the letter to come to USA, they could not proceed due to my sister's sickness. Later three years back, my sister entered USA with a visitors visa. She retrieved her files and got her green card. Mean time I retrieved 5 children's files and the younger two got their visas to come to USA last week. But the first 3 children were over aged and I reapplied for them. For the first son I got an email to apply again. The later 4 children were called for interview and the last 2 got the visa and the 2nd and 3rd son did not get visa but they were told that they were over aged and told to appeal.

Under the circumstances, would it be possible to appeal to bring them here.
So basically, only two children were told to appeal. Why?

They were told to appeal? Or were they told they should re-apply?

On what basis were they told to appeal? There must have been some information on the denial correspondence.
Customer: replied 9 years ago.
Out of 5 siblings, the first one did not get any interview letter. I inquired the NVC and they sent the following reply: Your inquiry has been received at the National Visa Center (NVC).

According to our records, the principal applicant's child is now 21 years of age or older. Consequently, the child is no longer eligible to be a derivative applicant on this petition. Upon entering the US, the principal applicant may file a separate immigrant visa petition with the Department of Homeland Security's Office of U.S. Citizenship and Immigration Services (USCIS) on behalf of their son or daughter.

There is a law, however, the Child Status Protection Act (CSPA), which applies to a narrow range of cases that may allow the principal applicant's son or daughter to remain eligible under this petition. At the time of the parent's visa interview, the consular officer will determine whether or not CSPA is applicable in this particular situation.

If a period of one year passes from the last date of contact with the NVC (by telephone, mail, or email), all submitted fees and documents will expire. If this occurs, your fees will need to be repaid and documents will need to be resubmitted in order to continue the immigration process.

The other 4 went for interview on Aug 02, 2011 and the 2nd and 3rd sons were denied immigrant visas because they were 21 and 23 years old. They were told verbally to appeal during their interview time. They haven't received anything in writing.
So children 1, 2, 3 were asked to either be re-applied for as over 21, or to appeal the case with CSPA. Am I correct?
Customer: replied 9 years ago.
yes. Any suggestion of appealing or with cspa?
On what dates did the three sons/daughters turn 21?

What is the priority date on the petition submitted by their aunt?

What is the approval date of the petition submitted by their aunt?
Customer: replied 9 years ago.
1st son - born 6/25/1986 turned 21 on 6/25/2007
2nd son- born 8/8/1987 turned 21 on 8/8/2008
3rd son- born 10/9/1988 turned 21 on 10/9/2009

*Priority date 05Feb1990(first petition filed)
*Approval of Petition 02/13/1990

Preference Category - F4
Foreign State Chargeability- Pakistan
Mom - Sri Lankan (Seventh-day Adventist Christian)
Dad- Pakistani (Catholic)

Letter came to prepare for interview on November 20, 2000. Due to my sister's (Primary beneficiary)sever illness, the time and date passed without any communication.

Then in 2008, my sister (Primary beneficiary)came alone to USA in visitor's visa and had change of status. She got her green card in 2009. She filed (I-130)a petition for Alien Relative for her 5 children.

1..For the 2nd son (I-130 Received Date 10/26/2009) Received from Homeland Security I-797C, Notice of Action. Approval notice date 01/22/2010) Notice/section Type: Approval Notice section: Unmarried child 21/older of permanent resident, 203(a) (2) (B) INA. Then came I-797E, Notice of Action. Then notice I-797 Notice of action came.

In that Notice Date Jan 22, 2010 and the Priority Date was Oct 26, 2009.

Then (I-864)affidavit of Support filed and paid. Then NVC sent letter for DS230 and fee. It was F4 for brothers and sisters. My sister did not file for husband again due to abuse. Since Father did not plan to migrate, and I-130 forms were filled, later 3 children came under the 2nd son. For each one AOS I-864 filed and fee paid. Then Visa fee paid and forms and certificates, photos submitted. Then came the interview letter. It took a little while to get initial petitioner's original birth certificate from Sri Lanka. She sent it to an office in USA and it was misplaced or lost. She hasn't gone many years to SriLanka, and at present she does not have any relative there due to
years back civil problems they have moved out of Sri Lanka, she had a hard time to get it.

2..The first son was given another number and he was not given an interview letter. When I inquired, they sent this message on July 28, 2011:

Your inquiry has been received at the National Visa Center (NVC).

According to our records, the principal applicant's child is now 21 years of age or older. Consequently, the child is no longer eligible to be a derivative applicant on this petition. Upon entering the US, the principal applicant may file a separate immigrant visa petition with the Department of Homeland Security's Office of U.S. Citizenship and Immigration Services (USCIS) on behalf of their son or daughter.

There is a law, however, the Child Status Protection Act (CSPA), which applies to a narrow range of cases that may allow the principal applicant's son or daughter to remain eligible under this petition. At the time of the parent's visa interview, the consular officer will determine whether or not CSPA is applicable in this particular situation.

If a period of one year passes from the last date of contact with the NVC (by telephone, mail, or email), all submitted fees and documents will expire. If this occurs, your fees will need to be repaid and documents will need to be resubmitted in order to continue the immigration process.

Case Number:
Petitioner's Name:
Principal Applicant's Name:
Preference Category: F4
Your Priority Date: 05Feb1990
Foreign State Chargeability: PAKISTAN

Sir, please advice what I should do immediately for the 2nd sone? The clock is ticking. I do not know what form to fill or how to proceed with this over age stuff.

The how should I proceed for the first son who got the email above. Thanks

Customer: replied 9 years ago.
1st son - born 6/25/1986 turned 21 on 6/25/2007
2nd son- born 8/8/1987 turned 21 on 8/8/2008
3rd son- born 10/9/1988 turned 21 on 10/9/2009

*Priority date 05Feb1990(first petition filed)
*Approval of Petition 02/13/1990

Preference Category - F4
Foreign State Chargeability- Pakistan
Mom - SriLankan (Seventh-day Adventist Christian)
Dad- Pakistani (Catholic)

Letter came to prepare for interview on November 20, 2000. Due to my sister's (Primary beneficiary)sever illness, the time and date passed without any communication.

Then in 2008, my sister (Primary beneficiary)came alone to USA in visitor's visa and had change of status. She got her green card in 2009. She filed (I-130)a petition for Alien Relative for her 5 children.

1..For the 2nd son (I-130 Received Date 10/26/2009) Received from Homeland Security I-797C, Notice of Action. Approval notice date 01/22/2010) Notice/section Type: Approval Notice section: Unmarried child 21/older of permanent resident, 203(a) (2) (B) INA. Then came I-797E, Notice of Action. Then notice I-797 Notice of action came.

In that Notice Date Jan 22, 2010 and the Priority Date was Oct 26, 2009.

Then (I-864)affidavit of Support filed and paid. Then NVC sent letter for DS230 and fee. It was F4 for brothers and sisters. My sister did not file for husband again due to abuse. Since Father did not plan to migrate, and I-130 forms were filled, later 3 children came under the 2nd son. For each one AOS I-864 filed and fee paid. Then Visa fee paid and forms and certificates, photos submitted. Then came the interview letter. It took a little while to get initial petitioner's original birth certificate from Sri Lanka. She sent it to an office in USA and it was misplaced or lost. She hasn't gone many years to SriLanka, and at present she does not have any relative there due to
years back civil problems they have moved out of Sri Lanka, she had a hard time to get it.

2..The first son was given another number and he was not given an interview letter. When I inquired, they sent this message on July 28, 2011:

Your inquiry has been received at the National Visa Center (NVC).

According to our records, the principal applicant's child is now 21 years of age or older. Consequently, the child is no longer eligible to be a derivative applicant on this petition. Upon entering the US, the principal applicant may file a separate immigrant visa petition with the Department of Homeland Security's Office of U.S. Citizenship and Immigration Services (USCIS) on behalf of their son or daughter.

There is a law, however, the Child Status Protection Act (CSPA), which applies to a narrow range of cases that may allow the principal applicant's son or daughter to remain eligible under this petition. At the time of the parent's visa interview, the consular officer will determine whether or not CSPA is applicable in this particular situation.

If a period of one year passes from the last date of contact with the NVC (by telephone, mail, or email), all submitted fees and documents will expire. If this occurs, your fees will need to be repaid and documents will need to be resubmitted in order to continue the immigration process.

Case Number:
Petitioner's Name:
Principal Applicant's Name:
Preference Category: F4
Your Priority Date: 05Feb1990
Foreign State Chargeability: PAKISTAN

Sir, please advice what I should do immediately for the 2nd sone? The clock is ticking. I do not know what form to fill or how to proceed with this over age stuff.

The how should I proceed for the first son who got the email above. Thanks

Sorry for the delay. I have been trying to decipher what happened here, ad make sense of it. I think I've gotten it now.

Unfortunately, since the immigrant petition was approved prior to August 6, 2002, the CSPA does not apply to either son 1 or son 2, as derivatives of their mother's F4 case.

For the second son, he had to have another petition submitted on his behalf. His new priority date is October 2009, and therefore, he is considered an unmarried son (over 21 years of age) of a permanent resident (F2B). Therefore, he must wait for his priority date to become current, before he is eligible for the green card.

For the first son, mother needs to submit the I-130 on his behalf, just like for son 2, as the unmarried son (over 21 years of age) of a permanent resident. He will end up in the same category as son 2 (F2B). And like son 2, son 1 must wait for his priority date to become current, before he is eligible for the green card.

I hope I have answered your questions. Please note that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear.

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Also consider leaving me a BONUS and some positive feedback - both are much appreciated.

Finally, if you have any future immigration questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer.

Thank you!

Customer: replied 9 years ago.
Correct, I too found out this from the online instructions. Thank you.

If I appeal, what is the possibility that it will work out? Please help me out - What supporting evidence which may influence the appeal.
Just to make sure, did their mother apply for the immigrant visa before August 6, 2002? I know the I-130 petition was approved before that time, but what I am asking is if the mother went to the interview before August 6, 2002?
Customer: replied 9 years ago.
No. When she got the interview letter in 2000, due to sickness and having 5 small children she could not make it from Karachi to Islamabad (visa center) for visa interview. Due to difficult circumstances, she did not respond to interview letter.
Okay. Well unfortunately, I'm afraid there is no way for these sons to use CSPA since they did not actually apply for the permanent residence or the immigrant visa within the 1 year after the approval of the immigrant petition.

In this case, there is really no use to appeal, since there is no legal basis for them to have not aged out.

I'm very sorry, but according to the law, it appears that the USCIS does not provide you with any options, but to reapply for the visas, which son #2 has done, and which son #3 should do. Unfortunately, it appears that all of your options are exhausted, in terms of CSPA or an appeal, I'm afraid.

I hope I have answered your questions. Please note that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear.

Please remember to click the "ACCEPT" button, as this is the only way we Experts get credit for working on your questions. Rest assured that your question will not close, and you can still ask related follow-up questions.

Also consider leaving me a BONUS and some positive feedback - both are much appreciated.

Finally, if you have any future immigration questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer.

Thank you!
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