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Ds-260 form - child has "aged out"

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Filed: FB-4 Visa Country: Vietnam
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Hi, I'm in the process of completing the DS-260 and stumbled on a question that I do not know how to answer. The beneficiary's son is now 21 years 7 months old, he was named on the petition back in 2002, and we cannot file a DS-260 for him b/c he has "aged out." We are writing a letter to the NVC to explain his eligibilty under CSPA, and the NVC will forward the letter to the U.S. Embassy or Consulate for a decision(?). In the meanwhile, the question on the DS-260 asks "Is this child immigrating to the U.S. with you?" I want to answer YES because we are hoping the Consulate will agree that he still qualifies as a child and allow him to immigrate with his parents. On the other hand, I can see why it should be NO because he is not currently listed on the ceac.state.gov website. I just don't want them to think that we don't want him to immigrate with the rest of his family.

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Filed: FB-4 Visa Country: India
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Since you mentioned that you are writing a letter to NVC regarding the CSPA eligibility, you may wait till you get a response and answer the question accordingly.

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Filed: FB-4 Visa Country: Vietnam
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I heard those decisions are made at the time of interview, so I may need to attach the letter explaining the CSPA eligibility along with the DS-260 package.

Please advise!

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