Child Aging Out??? CSPA need help please

[Rich86 0]

Hi VJ I'm am very new to posting but been a big fan since 06, I just really need some help for my big brother. My Uncle filed an I 130 for my dad (his Brother) in July, 2001! and it was approve on August of 2009, my little brother was born September of 1988, my little brother is currently 21 years of age!

My family visa bulletin should be available around October of 2010... I did the calculator that I got from VJ and the Calculator said that my little bro is eligible under the Child Status Protection Act please can anyone confirm this? What I am having issues with is that U.S Brother filling for brother or sister is in the 4th Category preference.... Is my brother eligible under the 4th Category? Will my brother be able to come up, my brother will be 22 when the Visa Bulletin date comes around.

Thank you in advance very much.

[Dakine 26]

What country?

[aaron2020 11,651]

Hi VJ I'm am very new to posting but been a big fan since 06, I just really need some help for my big brother. My Uncle filed an I 130 for my dad (his Brother) in July, 2001! and it was approve on August of 2009, my little brother was born September of 1988, my little brother is currently 21 years of age!

My family visa bulletin should be available around October of 2010... I did the calculator that I got from VJ and the Calculator said that my little bro is eligible under the Child Status Protection Act please can anyone confirm this? What I am having issues with is that U.S Brother filling for brother or sister is in the 4th Category preference.... Is my brother eligible under the 4th Category? Will my brother be able to come up, my brother will be 22 when the Visa Bulletin date comes around.

Thank you in advance very much.

Sounds like you have a good handle on the situation. Your brother should be fine under CSPA. He may be left off the AOS an IV fee letter. The letter contains instructions on what to do if you think an aged out derivative beneficiary may be covered by CSPA.

[Rich86 0]

What country?

Guyana

[Rich86 0]

Hi VJ I'm am very new to posting but been a big fan since 06, I just really need some help for my big brother. My Uncle filed an I 130 for my dad (his Brother) in July, 2001! and it was approve on August of 2009, my little brother was born September of 1988, my little brother is currently 21 years of age!

My family visa bulletin should be available around October of 2010... I did the calculator that I got from VJ and the Calculator said that my little bro is eligible under the Child Status Protection Act please can anyone confirm this? What I am having issues with is that U.S Brother filling for brother or sister is in the 4th Category preference.... Is my brother eligible under the 4th Category? Will my brother be able to come up, my brother will be 22 when the Visa Bulletin date comes around.

Thank you in advance very much.

Sounds like you have a good handle on the situation. Your brother should be fine under CSPA. He may be left off the AOS an IV fee letter. The letter contains instructions on what to do if you think an aged out derivative beneficiary may be covered by CSPA.

So the letter that we revived from the embassy should have the explanation on what to do? I get the part where he maybe left off the AOS and what is the "IV fee letter"?

[aaron2020 11,651]

Hi VJ I'm am very new to posting but been a big fan since 06, I just really need some help for my big brother. My Uncle filed an I 130 for my dad (his Brother) in July, 2001! and it was approve on August of 2009, my little brother was born September of 1988, my little brother is currently 21 years of age!

My family visa bulletin should be available around October of 2010... I did the calculator that I got from VJ and the Calculator said that my little bro is eligible under the Child Status Protection Act please can anyone confirm this? What I am having issues with is that U.S Brother filling for brother or sister is in the 4th Category preference.... Is my brother eligible under the 4th Category? Will my brother be able to come up, my brother will be 22 when the Visa Bulletin date comes around.

Thank you in advance very much.

Sounds like you have a good handle on the situation. Your brother should be fine under CSPA. He may be left off the AOS an IV fee letter. The letter contains instructions on what to do if you think an aged out derivative beneficiary may be covered by CSPA.

So the letter that we revived from the embassy should have the explanation on what to do? I get the part where he maybe left off the AOS and what is the "IV fee letter"?

The AOS and IV fee letter is the letter where NVC ask for the $70 AOS fee and the $400/DS-230 fee. IV fee = Immigration Visa Application (DS-230) fee

[Rich86 0]

Hi VJ I'm am very new to posting but been a big fan since 06, I just really need some help for my big brother. My Uncle filed an I 130 for my dad (his Brother) in July, 2001! and it was approve on August of 2009, my little brother was born September of 1988, my little brother is currently 21 years of age!

My family visa bulletin should be available around October of 2010... I did the calculator that I got from VJ and the Calculator said that my little bro is eligible under the Child Status Protection Act please can anyone confirm this? What I am having issues with is that U.S Brother filling for brother or sister is in the 4th Category preference.... Is my brother eligible under the 4th Category? Will my brother be able to come up, my brother will be 22 when the Visa Bulletin date comes around.

Thank you in advance very much.

Sounds like you have a good handle on the situation. Your brother should be fine under CSPA. He may be left off the AOS an IV fee letter. The letter contains instructions on what to do if you think an aged out derivative beneficiary may be covered by CSPA.

So the letter that we revived from the embassy should have the explanation on what to do? I get the part where he maybe left off the AOS and what is the "IV fee letter"?

The AOS and IV fee letter is the letter where NVC ask for the $70 AOS fee and the $400/DS-230 fee. IV fee = Immigration Visa Application (DS-230) fee

Okay thank you very much. My next question is when my dad goes in with my mom should they bring all the same exact documents and my brother also along with the interview date and take it from there? How should we be prepared for the interview with my brother if they say no to him that he is too old? Should my family just mention that he is under the CSPA, as anyone experience anything along the lines? It's a backward country Guyana and all the help that I get will help my father and mother out so very much....

Thank you all so far!

[aaron2020 11,651]

Hi VJ I'm am very new to posting but been a big fan since 06, I just really need some help for my big brother. My Uncle filed an I 130 for my dad (his Brother) in July, 2001! and it was approve on August of 2009, my little brother was born September of 1988, my little brother is currently 21 years of age!

My family visa bulletin should be available around October of 2010... I did the calculator that I got from VJ and the Calculator said that my little bro is eligible under the Child Status Protection Act please can anyone confirm this? What I am having issues with is that U.S Brother filling for brother or sister is in the 4th Category preference.... Is my brother eligible under the 4th Category? Will my brother be able to come up, my brother will be 22 when the Visa Bulletin date comes around.

Thank you in advance very much.

Sounds like you have a good handle on the situation. Your brother should be fine under CSPA. He may be left off the AOS an IV fee letter. The letter contains instructions on what to do if you think an aged out derivative beneficiary may be covered by CSPA.

So the letter that we revived from the embassy should have the explanation on what to do? I get the part where he maybe left off the AOS and what is the "IV fee letter"?

The AOS and IV fee letter is the letter where NVC ask for the $70 AOS fee and the $400/DS-230 fee. IV fee = Immigration Visa Application (DS-230) fee

Okay thank you very much. My next question is when my dad goes in with my mom should they bring all the same exact documents and my brother also along with the interview date and take it from there? How should we be prepared for the interview with my brother if they say no to him that he is too old? Should my family just mention that he is under the CSPA, as anyone experience anything along the lines? It's a backward country Guyana and all the help that I get will help my father and mother out so very much....

Thank you all so far!

'

Yes. Your parents should bring copies or certified copies to the interview. Your brother's attendance is dependent on whether he qualifies or not. The embassy may not let him in if he is not on the interview list. However, you are jumping the gun. If your brother is listed on the IV fee letter, then no problem there. If he is not, then the letter gives you instruction on how to add him. That is how you take care of the aged out derivative beneficiary and CSPA issue. Make sure your uncle takes care of this issue when he receives the letter. There is nothing you can do or plan for until your uncle gets the letter.

[Rich86 0]

Hi VJ I'm am very new to posting but been a big fan since 06, I just really need some help for my big brother. My Uncle filed an I 130 for my dad (his Brother) in July, 2001! and it was approve on August of 2009, my little brother was born September of 1988, my little brother is currently 21 years of age!

My family visa bulletin should be available around October of 2010... I did the calculator that I got from VJ and the Calculator said that my little bro is eligible under the Child Status Protection Act please can anyone confirm this? What I am having issues with is that U.S Brother filling for brother or sister is in the 4th Category preference.... Is my brother eligible under the 4th Category? Will my brother be able to come up, my brother will be 22 when the Visa Bulletin date comes around.

Thank you in advance very much.

Sounds like you have a good handle on the situation. Your brother should be fine under CSPA. He may be left off the AOS an IV fee letter. The letter contains instructions on what to do if you think an aged out derivative beneficiary may be covered by CSPA.

So the letter that we revived from the embassy should have the explanation on what to do? I get the part where he maybe left off the AOS and what is the "IV fee letter"?

The AOS and IV fee letter is the letter where NVC ask for the $70 AOS fee and the $400/DS-230 fee. IV fee = Immigration Visa Application (DS-230) fee

Okay thank you very much. My next question is when my dad goes in with my mom should they bring all the same exact documents and my brother also along with the interview date and take it from there? How should we be prepared for the interview with my brother if they say no to him that he is too old? Should my family just mention that he is under the CSPA, as anyone experience anything along the lines? It's a backward country Guyana and all the help that I get will help my father and mother out so very much....

Thank you all so far!

'

Yes. Your parents should bring copies or certified copies to the interview. Your brother's attendance is dependent on whether he qualifies or not. The embassy may not let him in if he is not on the interview list. However, you are jumping the gun. If your brother is listed on the IV fee letter, then no problem there. If he is not, then the letter gives you instruction on how to add him. That is how you take care of the aged out derivative beneficiary and CSPA issue. Make sure your uncle takes care of this issue when he receives the letter. There is nothing you can do or plan for until your uncle gets the letter.

When does the IV fee letter comes? Is it the letter that comes from the National Visa Center that has the instructions on how to add an aged out derivative? The only letters he got was the confirmation of the I 130 being approved and that the other stating that:

*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number:

Application Type: I130 , IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN

Current Status: Case was shipped to the Department of State for visa processing.

On August 25, 2009, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.

*** Please do not respond to this e-mail message.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)

Now after the visa dates comes around is that when the information for you take care of the aged out derivative beneficiary and CSPA issue???

I am checking this post like every five mins... I'm just learning and understanding, thank you.

[pumpkin29 2]

you should call the embassy about it and tell them that your brother is 21 and that you don't want him to miss the chance of going to the US, your father and him can go ahead or earlier to the US, if they will respond that way and the rest will just follow in a later date. that's what my family did last 2001.. we called the embassy, and informed them about my brother who is going to be 21 in 3 days, they asked them to go to the embassy the following day. since everything is already rush and no visas are available for all of them ( coz we have mom, dad, and 6 of my sibblings). my mom was the principal benefiaciary. she was petitioned by her sister also. so what they did was, they made visas available for my mother and my brother on that very day and yes, my brother celebrated his 21st bday in the air! my dad and 5 others of my sibblings followed them to the US 6 months later, under the same petition...maybe they just got lucky that everybody in the embassy helped them out. i dunno if this experience can give you a little idea...

[Rich86 0]

you should call the embassy about it and tell them that your brother is 21 and that you don't want him to miss the chance of going to the US, your father and him can go ahead or earlier to the US, if they will respond that way and the rest will just follow in a later date. that's what my family did last 2001.. we called the embassy, and informed them about my brother who is going to be 21 in 3 days, they asked them to go to the embassy the following day. since everything is already rush and no visas are available for all of them ( coz we have mom, dad, and 6 of my sibblings). my mom was the principal benefiaciary. she was petitioned by her sister also. so what they did was, they made visas available for my mother and my brother on that very day and yes, my brother celebrated his 21st bday in the air! my dad and 5 others of my sibblings followed them to the US 6 months later, under the same petition...maybe they just got lucky that everybody in the embassy helped them out. i dunno if this experience can give you a little idea...

That would help a lot but the problem is he turned 21 September 9th. So as of right now he is 21 years, 2 months and 11 days old!

What do you suggest?

[pumpkin29 2]

That would help a lot but the problem is he turned 21 September 9th. So as of right now he is 21 years, 2 months and 11 days old!

What do you suggest?

did u try calling the US embassy in your country? if not, maybe you can try then tell them about this...if yes, what did they exactly tell you? because what i did for me was i wrote a letter to them asking about my case, i was 25 then and the CSPA was still fresh that time so we have no idea how it is being applied yet. i was surprised to get a response but unfortunately i no longer can benefit from the CSPA. they told me if a visa was approved before i turn 21, and if problems arise like the visa can only be issued to me the next month and for example i will be 22 that month, i am still eligible because the visa was approved when i was 21 but only issued when i was 22..my interpretation was as long as the visa got approved when you are 21 then you will be ok even if the visa will be issued on a later date where u will be aging out. i said, just my interpretation based on the letter i got from them coz that was 2001, i cant remember the exact words they told me. try calling them....

[pumpkin29 2]

did u try calling the US embassy in your country? if not, maybe you can try then tell them about this...if yes, what did they exactly tell you? because what i did for me was i wrote a letter to them asking about my case, i was 25 then and the CSPA was still fresh that time so we have no idea how it is being applied yet. i was surprised to get a response but unfortunately i no longer can benefit from the CSPA. they told me if a visa was approved before i turn 21, and if problems arise like the visa can only be issued to me the next month and for example i will be 22 that month, i am still eligible because the visa was approved when i was 21 but only issued when i was 22..my interpretation was as long as the visa got approved when you are 21 then you will be ok even if the visa will be issued on a later date where u will be aging out. i said, just my interpretation based on the letter i got from them coz that was 2001, i cant remember the exact words they told me. try calling them....

sorry, i made mistake on the dates, it was april 2001 when my mom and bro flew to the US and november 2001 when my dad and other sibblings followed them under the same petiion, and it was 2002 when i wrote to the embassy/consulate, not 2001....

[Rich86 0]

What I will do is call on Monday, but does anyone know at all what are the procedures after turning 21? Because there visa bulletin date will come around on Oct 10th 2010. This really sucks. I taught this is how the whole procedure worked.. when the Visa Bulletin date comes around, my brother just walks with all the same stuff as my family, and when the immigration officer tells him he is out of status all he has to say is that I am under the Child Status Protection Act. And my brother goes about with his medical, background check and all the other good stuff, I will let my father contact the embassy on Monday, Is there anyone else that he should think of contacting?

[Rich86 0]

Anyone maybe going through this?