ALL F4s

[Lexlee08 18]

Hi everyone,

I got an e-mail response from NVC regarding my inquiry for my brother, if he is eligible for CSPA protection or not, please read the-mail below and tell me what you think of it, I'm a little confuse,

Dear Sir/Madam:

Your inquiry has been received at the National Visa Center (NVC). According to our records, the beneficiary's child (John Jay) is now 21 years of age or older. Consequently, the child is no longer eligible to be a derivative beneficiary of the petition. Upon entering the US, the beneficiary may file a separate immigrant visa petition with US Citizenship and Immigration Services (CIS - formerly known as INS) on behalf of the child.

There is a law, the Child Status Protection Act (CSPA), which applies to a narrow range of cases that may allow the beneficiary'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.

The applicant's name has been placed on the list of documentarily qualified cases awaiting the availability of visa numbers under the numerical limitations prescribed by statute. The designated representative of this case (applicant, petitioner, or attorney) will be notified of an appointment date as soon as the numbers have been received. The applicant should NOT make any travel arrangements, sell property, or give up employment until the US Embassy or Consulate General has issued a visa.

An immigrant visa is usually valid for six months from the date it is issued. It may be used to apply for admission into the United States any time during its validity.

Sincerely,

Maya

National Visa Center

Written Inquiry Unit

Serco Inc.

Support Contractor

NVCInquiry@state.gov

So with this information in hand, that means it's up to the Manila Consulate to determine if he is eligible or not, am I correct? At this time, their case has been completed from NVC since Nov. 30,2010 and we are just waiting for the visa interview. Here is a little background, their PD is April 1, 1988. My brother's DOB is 3/6/1987, my uncle who is the petitioner has lost documentations regarding my mom's petition so I have no clue when the I-130 was approved, I know that that is an important information to know to determine if my brother will be eligible or not, I did call NVC about it few months ago and they told me to call USCIS, but I have not called 'coz I don't have a CIS case number I only have their NVC case number, my uncle does not remember if he received any other documentations from USCIS regarding this petition(well I can't blame him after 22 years it's hard to remember things especially if you are 75 years old!)

What do I do now? If this is up to the consulate, can my brother just go with my parents during their interview? He does not have any Ds-230, IV fee or AOS fee, so do I tell him to fill up a DS-230, and bring extra money for IV fee and AOS fee and bring all his original and copies of his civil documents? I can produce the I-864 easy 'coz I am the co-sponsor and my uncle can always send me another I-864 so that will not be a problem. I have been working on my parents' stuff since Feb. 2010 when we received the IV fee and AOS fee, and up to now we have not received anything, this is just so frustrating. With the interview, will they e-mail the schedule to me since I am their agent or will they snail mail it to my parents? I hope anybody can she a light to this, I'm confused and frustrated.

Thanks in advance, hope everybody will have a great day!

[Visa Grant 78]

Mystery it is.

We can just hope everything goes well.

And yes Mr.VISAGRANT, I got Sign in Failed today.

GOD BLESS ALL

We are waiting to party with your "VISA...

Good Luck.

Hi pampoo.

Sign in Failed refers to online payment portal. It is Immigrant Visa Invoice Payment Center; where you pay your AOS and IV fee bills.

You can Visit the site here. (Immigrant Visa Invoice Payment Center). You will only be able to sign in here if you paid your fees online.

CC is when you get a CASE COMPLETE. But it still needs to go through the final stage. When you get a SIF(Sign in Failure) it means NVC has completed the case at their end and you out of NVC processing and NVC will forward you case at desired consulate.

When you gt a SIF; that's a indication that you are 100% out of NVC and it is good to get a SIF!!!

Hi agnar

Retrogression refers to the situation where previously current dates on the quota bulletin go backwards and become unavailable.

Retrogression happens because there were many applicants who filed adjustment of status in the United States, and thus the visa demands have increased sharply over the numerical limitations or supply that the Dept of State have alloted.

Retrogression can impact an individual at different times in the overall process. The individual's priority date must be current at two critical

points in time: on the date that the I-485 application for adjustment of status is filed or application for immigrant visa at an Embassy/Consulate

is filed AND it must also be current on the date when the case is actually adjudicated (i.e., the immigrant visa cannot be issued or the

adjustment of status application cannot be approved if the quota bulletin is not current for the applicable priority date).

I am also affected by the Retrogression and NOTHING that can be done about it except to wait and pray for the best

GOD BLESS ALL

[Visa Grant 78]

Hi everyone,

I got an e-mail response from NVC regarding my inquiry for my brother, if he is eligible for CSPA protection or not, please read the-mail below and tell me what you think of it, I'm a little confuse,

Dear Sir/Madam:

Your inquiry has been received at the National Visa Center (NVC). According to our records, the beneficiary's child (John Jay) is now 21 years of age or older. Consequently, the child is no longer eligible to be a derivative beneficiary of the petition.

As per this mail ur brother is not eligible to apply with your mom's petition. You have to have the I-130 petition approval date to determine his eligibility.

Upon entering the US, the beneficiary may file a separate immigrant visa petition with US Citizenship and Immigration Services (CIS - formerly known as INS) on behalf of the child.

There is a law, the Child Status Protection Act (CSPA), which applies to a narrow range of cases that may allow the beneficiary'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.

The applicant's name has been placed on the list of documentarily qualified cases awaiting the availability of visa numbers under the numerical limitations prescribed by statute. The designated representative of this case (applicant, petitioner, or attorney) will be notified of an appointment date as soon as the numbers have been received. The applicant should NOT make any travel arrangements, sell property, or give up employment until the US Embassy or Consulate General has issued a visa.

An immigrant visa is usually valid for six months from the date it is issued. It may be used to apply for admission into the United States any time during its validity.

Sincerely,

Maya

National Visa Center

Written Inquiry Unit

Serco Inc.

Support Contractor

NVCInquiry@state.gov

So with this information in hand, that means it's up to the Manila Consulate to determine if he is eligible or not, am I correct?

YES

At this time, their case has been completed from NVC since Nov. 30,2010 and we are just waiting for the visa interview. Here is a little background, their PD is April 1, 1988. My brother's DOB is 3/6/1987, my uncle who is the petitioner has lost documentations regarding my mom's petition so I have no clue when the I-130 was approved

Do you have the receipt notice for I-130? Try calling NVC and talk to a supervisor and ask for the I-130 approval Date. NVC will have the I-130 original approval notice..

Better still email to NVCINQUIRY@state.gov with the subject as ATTN: Supervisor SUE

, I know that that is an important information to know to determine if my brother will be eligible or not, I did call NVC about it few months ago and they told me to call USCIS, but I have not called 'coz I don't have a CIS case number I only have their NVC case number, my uncle does not remember if he received any other documentations from USCIS regarding this petition(well I can't blame him after 22 years it's hard to remember things especially if you are 75 years old!)

What do I do now? If this is up to the consulate, can my brother just go with my parents during their interview?

Unless u paid the Visa Fees and AOS fees for ur brother

He does not have any Ds-230, IV fee or AOS fee, so do I tell him to fill up a DS-230, and bring extra money for IV fee and AOS fee and bring all his original and copies of his civil documents? I can produce the I-864 easy 'coz I am the co-sponsor and my uncle can always send me another I-864 so that will not be a problem. I have been working on my parents' stuff since Feb. 2010 when we received the IV fee and AOS fee, and up to now we have not received anything, this is just so frustrating. With the interview, will they e-mail the schedule to me since I am their agent or will they snail mail it to my parents?

If you have called NVC and provided the email address, then they will email you

I hope anybody can she a light to this, I'm confused and frustrated.

Thanks in advance, hope everybody will have a great day!

Answers Inline..

Good Luck..

[carol8386 8]

Hello,

My family went to the interview last week. The interview was so easy, but the principal applicant has to wait for the medical examination, so we were not granted visa yet. Because of the retrogression, we have to wait until the PD become current again.

I am covered under CSPA. On the interview date, I asked the interview officer whether I am aged out because of the retrogression and she said my age is frozen from the interview date.

People said that my family is lucky to get the interview date, but I don't know when our PD current again (PD 11/20/2000)

I was international student in US (F1 visa), just finished my degree and come back for the interview. The officer didn't mention anything about the previous non-immigration visa.

Good luck to us all.

[ram245 9]

Hello,

My family went to the interview last week. The interview was so easy, but the principal applicant has to wait for the medical examination, so we were not granted visa yet. Because of the retrogression, we have to wait until the PD become current again.

I am covered under CSPA. On the interview date, I asked the interview officer whether I am aged out because of the retrogression and she said my age is frozen from the interview date.

People said that my family is lucky to get the interview date, but I don't know when our PD current again (PD 11/20/2000)

I was international student in US (F1 visa), just finished my degree and come back for the interview. The officer didn't mention anything about the previous non-immigration visa.

Good luck to us all.

hey carol, i am also in US on F1 and my petition was filed by my aunt for my mom...

so i wanted to ask u regarding any other extra documents i have do as i m in US???

[pampoo 1]

Hi pampoo.

Sign in Failed refers to online payment portal. It is Immigrant Visa Invoice Payment Center; where you pay your AOS and IV fee bills.

You can Visit the site here. (Immigrant Visa Invoice Payment Center). You will only be able to sign in here if you paid your fees online.

CC is when you get a CASE COMPLETE. But it still needs to go through the final stage. When you get a SIF(Sign in Failure) it means NVC has completed the case at their end and you out of NVC processing and NVC will forward you case at desired consulate.

When you gt a SIF; that's a indication that you are 100% out of NVC and it is good to get a SIF!!!

tried visiting the link and it says Sign In Failed...whats next?it was last November 6,when NVC advise me that they place my documents in my case file..and wait for a later advisory when it is forwarded to the consulate.does it mean that my case is out of NVC?

[theindianguy 6]

tried visiting the link and it says Sign In Failed...whats next?it was last November 6,when NVC advise me that they place my documents in my case file..and wait for a later advisory when it is forwarded to the consulate.does it mean that my case is out of NVC?

Yes

The consulate will schedule your interview as soon as your priority date becomes current.

Good Luck

GOD BLESS ALL

Edited January 27, 2011 by udaypannu

[agnar 0]

thanks udaypannu..

my sister is on H4 status now and some time may be in next 6 months she might get H1B status... according to vermont service center I -130 for siblings is with a cut-off date JUNE 26, 2010. so, i understand that the approval time is around 7 months.

If i apply for her in march 2011, i think she should be approved by october 2011.

I am under the assumption that she will be ready for a status adjustment ( I 485 ) H4/H1B -to green card (currently, she is in US with an unexpired and valid visa until 2013 ).

please let me know if i am missing anything or under correct assumption?

thanks again

agnar

[carol8386 8]

hey carol, i am also in US on F1 and my petition was filed by my aunt for my mom...

so i wanted to ask u regarding any other extra documents i have do as i m in US???

I am glad if I can help you.

I was thinking about doing Adjustment of Status, but USCIS Representatives answered inconsistently about whether I ,the derivative, child can apply for AOS. Then I decided to pay IV fee and then submit DS 230 and all the documents required by NVC. I stayed in US at that time,so I didn't need to submit a police certificate. When I received an interview letter from NVC, I came back to my country to attend the interview, submit DS 230 again with the ending date of living in US. If you have any question, I will try to answer you. However, I am not an expert in this issue. I just told you my experiences. If I said anything wrong and may not apply to you, Please forgive me.

Thank you

Good luck

[Visa Grant 78]

I am glad if I can help you.

I was thinking about doing Adjustment of Status, but USCIS Representatives answered inconsistently about whether I ,the derivative, child can apply for AOS. Then I decided to pay IV fee and then submit DS 230 and all the documents required by NVC. I stayed in US at that time,so I didn't need to submit a police certificate. When I received an interview letter from NVC, I came back to my country to attend the interview, submit DS 230 again with the ending date of living in US. If you have any question, I will try to answer you. However, I am not an expert in this issue. I just told you my experiences. If I said anything wrong and may not apply to you, Please forgive me.

Thank you

Good luck

Welcome carol..

Thanks for sharing your experience.."Experience becomes expertise when u share..

[Visa Grant 78]

thanks udaypannu..

my sister is on H4 status now and some time may be in next 6 months she might get H1B status... according to vermont service center I -130 for siblings is with a cut-off date JUNE 26, 2010. so, i understand that the approval time is around 7 months.

If i apply for her in march 2011, i think she should be approved by october 2011.

I am under the assumption that she will be ready for a status adjustment ( I 485 ) H4/H1B -to green card (currently, she is in US with an unexpired and valid visa until 2013 ).

please let me know if i am missing anything or under correct assumption?

thanks again

agnar

agnar

What uday said is correct..but ur sister after getting I-130 approved (Hopefully within 7 months) has to submit more forms...if she is in US with valid status, then she can submit the Adjustment forms, but she will only get her visa when the Priority date is current as per Visa Bulletin released every month. But if she moves back to India, then she can go through the consular processing by submitting the DS-230 & DS-3032 forms to the NVC, which inturn sends the entire casefile to your nearest US embassy in India for final Visa Interview..

[ram245 9]

I am glad if I can help you.

I was thinking about doing Adjustment of Status, but USCIS Representatives answered inconsistently about whether I ,the derivative, child can apply for AOS. Then I decided to pay IV fee and then submit DS 230 and all the documents required by NVC. I stayed in US at that time,so I didn't need to submit a police certificate. When I received an interview letter from NVC, I came back to my country to attend the interview, submit DS 230 again with the ending date of living in US. If you have any question, I will try to answer you. However, I am not an expert in this issue. I just told you my experiences. If I said anything wrong and may not apply to you, Please forgive me.

Thank you

Good luck

Thanx a lot for d prompt reply....i helps a lot...

[Lexlee08 18]

Hi Visagrant and everybody,

Thanks for the reply, i"ll try to contact NVC regarding my brother's case and see what they say about the approval of I-130. Also, I just checked online and I also got the SIF, so I guess it's a waiting game again. Hope fully the retrogression won't take that long(keeping my fingers crossed). Good luck everyone.

[agnar 0]

agnar

What uday said is correct..but ur sister after getting I-130 approved (Hopefully within 7 months) has to submit more forms...if she is in US with valid status, then she can submit the Adjustment forms, but she will only get her visa when the Priority date is current as per Visa Bulletin released every month. But if she moves back to India, then she can go through the consular processing by submitting the DS-230 & DS-3032 forms to the NVC, which inturn sends the entire casefile to your nearest US embassy in India for final Visa Interview..

wonderful, well explained...roger that....

[Visa Grant 78]

Roger that. Heading to home takes time..

Edited January 29, 2011 by visagrant