F4 Retrogression and Aged-Out Beneficiaries

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Hi -

I am wondering if anyone is/was in a similar situation as we are now. Here's what happened:

1. My brother in the Philippines was petitioned by my sister under F4 category with a priority date of April 1991.

2. Four years ago (2010) the priority date became current so as his agent I gathered and submitted all application documents and paid

the fees to NVC for his family including his wife and 2 derivative beneficiaries/children.

3. One of the derivative benefiaries was only 18 when I submitted all documentations and fees in 2010.

4. The priority date for F4 retrogressed while we were waiting for notice for interview date.

5. While the visa application was dormant I kept communicating with NVC about the status and alerted them to the

fact that one of the beneficiaries wil be aging out soon. Each time they just emailed me back stating that the application

was on file and waiting for visa number to be available.

5. The priority date is now almost current but one of my nephews has aged out (22 years old). Last week I received a letter from

NVC that this nephew has aged out, does not qualify for CSPA and therefore may not be able to immigrate.

Can we contest this decision by NVC given that we already completed all applications and paid the fees back in 2010? Will a lawyer be able

to help make a case for my aged-out nephew to be allowed to immigrate with his family? Is retrogression considered delay in processing

time for this case since we were documentarily qualified in 2010? Any info or help will be appreciated.

Many thanks in advance.

[Boiler 45,541]

A visa number was not available in 2010, when a visa number becomes available is the important issue. sometime later this year by the sound of it.

[Ontarkie 14,229]

~~Duplicate thread removed. Please do not post multiple threads for the same topic.~~

[Hypnos 6,576]

There is nothing you can do. Once they've aged out, that's it.

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Thanks Boiler and Hypnos...

I feel bad for my nephew who will be left behind when his family migrates here in the US...

I wish NVC had informed us earlier (on the date or year he aged out) that he was no longer eligible for immigration.

Also the fees that I paid for his visa application, which is not cheap, is most likely not going to be reimbursed.

Imagine how many fees they received from other applicants that will not be refunded.

[Boiler 45,541]

Usually fees are lost, maybe not in this case however.

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I wish that is the case, Boiler, but NVC explicitly states in the Visa Fee payment section of their website that all visa application fees are non-refundable.

[oliviaregis 0]

I am 24 years old and a derivative of f4 family petition. Our priority date is current. The nvc sent us appointment letter for interview and my name is still included. I proceed to medical exam and will attend the interview. Will i will also be given visa? We have completed all requirements eg medical, iv fees and documents. Thank you very much!

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I am 24 years old and a derivative of f4 family petition. Our priority date is current. The nvc sent us appointment letter for interview and my name is still included. I proceed to medical exam and will attend the interview. Will i will also be given visa? We have completed all requirements eg medical, iv fees and documents. Thank you very much!

You are lucky because you are included in the interview even if you have already aged out. Check the CSPA calculator because that is probably how they calculated your CSPA age and determined that you are still eligible for immigration. You will have to know your visa approval date in addition to your birthday, visa priority date and current priority date. If your CSPA age is below 21 years old, you are still eligible.

[oliviaregis 0]

You are lucky because you are included in the interview even if you have already aged out. Check the CSPA calculator because that is probably how they calculated your CSPA age and determined that you are still eligible for immigration. You will have to know your visa approval date in addition to your birthday, visa priority date and current priority date. If your CSPA age is below 21 years old, you are still eligible.

I am also affected by the retrogression. I hope everything comes out OK.

[HARDIKKANIL 2]

I am 24 years old and a derivative of f4 family petition. Our priority date is current. The nvc sent us appointment letter for interview and my name is still included. I proceed to medical exam and will attend the interview. Will i will also be given visa? We have completed all requirements eg medical, iv fees and documents. Thank you very much!

what is your priority date?

and when your case complete?

[oliviaregis 0]

Our priority date is march 19 1991. What do you mean case complete?

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Google 'CSPA calculator' and it will show several links with the calculator you can use to determine if your CSPA age is below 21 years old.

Unfortunately this site won't allow me to post the links...

[Panda123 1]

His parents could fill out I 130 once they obtained their GC. He will wait 7-8 years for GC,

Hi -

I am wondering if anyone is/was in a similar situation as we are now. Here's what happened:

1. My brother in the Philippines was petitioned by my sister under F4 category with a priority date of April 1991.

2. Four years ago (2010) the priority date became current so as his agent I gathered and submitted all application documents and paid

the fees to NVC for his family including his wife and 2 derivative beneficiaries/children.

3. One of the derivative benefiaries was only 18 when I submitted all documentations and fees in 2010.

4. The priority date for F4 retrogressed while we were waiting for notice for interview date.

5. While the visa application was dormant I kept communicating with NVC about the status and alerted them to the

fact that one of the beneficiaries wil be aging out soon. Each time they just emailed me back stating that the application

was on file and waiting for visa number to be available.

5. The priority date is now almost current but one of my nephews has aged out (22 years old). Last week I received a letter from

NVC that this nephew has aged out, does not qualify for CSPA and therefore may not be able to immigrate.

Can we contest this decision by NVC given that we already completed all applications and paid the fees back in 2010? Will a lawyer be able

to help make a case for my aged-out nephew to be allowed to immigrate with his family? Is retrogression considered delay in processing

time for this case since we were documentarily qualified in 2010? Any info or help will be appreciated.

Many thanks in advance.

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His parents could fill out I 130 once they obtained their GC. He will wait 7-8 years for GC,

Thanks Panda123. I noticed the F2B current visa priority date for Phils. is January 2004 so it is likely he will have to wait at least 10 years

to be petitioned, that is if he is still umarried at that time (up to him).