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My uncle was just approved for his immigration visa, but…

My uncle was just...

My uncle was just approved for his immigration visa, but they did not approve his daughter to immigrate with him. She "reached the maximum age and [is] not eligible under the Child Status Protection Act (CSPA)". What recourse do we have?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

My uncle's visa is approved. My cousin's was rejected by consulate today.

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It was a F4 visa in Manila, Philippines.

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Answered in 2 minutes by:
8/18/2017
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,375
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

You probably don't have any recourse. If she aged out, she aged out. That means she will probably have a 7 year or more wait to immigrate. Do you think they got the calculation wrong? How?

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Customer reply replied 11 months ago
How is the CSPA eligibility calculated?
Customer reply replied 11 months ago
What information is needed for the calculation?

The time that USCIS takes to approve the I-130 is added to the age of the child. If a Visa becomes available before 21 plus the time that the I-130 took to approve, then they are covered. If a visa does not become available before the child turns 21 plus the time USCIS took to approve the I-130, then they age out. There really isn't anything you can do about it because you cannot chance the date the child was born, you cannot change the date the I-130 was filed. So it is covered, or it isn't.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,375
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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