DV 2015 successful interwive but not for my son

[Sainkris 0]

Hey everybody

Me my husband and my son had our interview in Stockholm in March. Everything went good me and my husband got our green card but we were told that our son was ages out by the office.

Before our interview I contacted Kentucky regarding our son if I should include him too ( I still have the email on which they respond back ) and I was told that as long he was under 21 when I first enter the lottery then he was fine. So it made us very confused when he was declined at the embassy. So I started to do some research and found a very useful link http://travel.state.gov/content/dam/visas/Diversity-Visa/DV-Instructions-Translations/DV-2015-Instructions-Translations/DV_2015_Instructions.pdf

In the instructions number 14 it says that :

Married children and children over the age of 21 are not eligible for the DV. However, the Child Status Protection Act protects children from aging out in certain circumstances. If your DV entry is made before your unmarried child turns 21, and the child turns 21 before visa issuance, he/she may be treated as though he/she were under 21 for visa-processing purposes.

What do you guys think about this should I contact the embassy and tell them that they made e mistake ?

Thanks in advance

[SusieQQQ 11,586]

Hi, there is a very specific calculation they do in regards to aging out, which needs to take into account both your son's actual birthday, the selection date, and your interview date. Note the link you quote says "may...in certain circumstances". Without knowing all the dates, it is likely that your son has indeed aged out. KCC did unfortunately give you incorrect information, and it is more likely that the embassy is correct. If you want to give us your son's birth date and confirm the interview date, i can find the calculation and confirm it for you if you want. ( It is also linked somewhere on the britsimonsays site.)

If you need to object note that any derivative visa needs to be issued by the end of this month.

With a March interview, have you entered the U.S. Already? Your visas must be pretty close to expiry?

Edited September 2, 2015 by SusieQQQ

[Sainkris 0]

Hi SusieQQQ

Thank you for your quick response

Yes the embassy made a calculation and they told us that he was aged out. But why then U.S. Department of state give different information/ instructions on they homepage ?

We hired a lawyer too And she told us the same as u.s department of state but she have difficulty to get in hold on them.

My son's birthday is November 11 1992

And we had our interview 12 March 2015

But I'm pretty sure that after the calculation that he is aged out

Edited September 2, 2015 by Sainkris

[Tracy-->NY 40]

Hi Sainkris,

Was your visa issued already and are you in the US yet? As you have to enter before the visa expiry date stamped in your passport. Also the medical is valid for six month and if it expires you will have to redo it.

[Sainkris 0]

Hi Tracy

Yes I have been in the state and I got my Dv stamp in my passport but now I'm back in Sweden because I hade to sell my house here but I will go back in a couple of week

[Tracy-->NY 40]

Once you can confirm whether he has aged out or not, if he has you can file a I130 petition for him. But he should be reminded that should he wish to get married had can't do such until after you become a US Citizen as getting married prior would revoke his petition as there is no category for married children of permanent resident, this is also noted on the first page of the I130 instructions.

Hopefully it all works out for you and your family.

[NigeriaorBust 4,087]

So the calculation is from the day you could first enter the lottery until the day that you were selected ( in version I see says the date of the congratulatory letter) is subtracted from the child's age on the date your visa number became current ( whatever month your number was current )

[SusieQQQ 11,586]

Hi SusieQQQ

Thank you for your quick response

Yes the embassy made a calculation and they told us that he was aged out. But why then U.S. Department of state give different information/ instructions on they homepage ?

We hired a lawyer too And she told us the same as u.s department of state but she have difficulty to get in hold on them.

My son's birthday is November 11 1992

And we had our interview 12 March 2015

But I'm pretty sure that after the calculation that he is aged out

Britsimon worked out for DV2015 you need to have the case current within 212 days of his 21st birthday. As he turned 21 in 2013 he had aged out even before you were selected unfortunately and was already 22 by the time of interview. I can understand you are upset that KCC gave you the wrong information but unfortunately your lawyer, rather than charging you for pursuing this, should have informed you that immigration laws take precedence over being given wrong information by a KCC staff member. If you read both what you quoted and the official DoS page on aging out, it does not contradict what the embassy did. I'm sorry, but it seems your path from here is to enter the U.S. and then sponsor your child when you are able.

Britsimon's link http://britsimonsays.com/child-turn-21-can-heshe-get-visa/

Edited September 2, 2015 by SusieQQQ

[SusieQQQ 11,586]

......and here, I found the DoS link that gives the "official" substance to what britsimon calculated - see page 12: http://www.state.gov/documents/organization/87848.pdf

The more I think about your lawyer charging you for a hopeless case, the madder i get. What kind of excuse is it that an immigration attorney can't "get hold of" DoS, anyway? Much less either doesn't know enough about the law or is exploiting your lack of knowledge of it to make money out of a case that cannot possibly succeed? Please ditch her immediately.

Edited September 2, 2015 by SusieQQQ

[SusieQQQ 11,586]

...and they could definitely improve the wording in the instructions/FAQ as "may" is a long way from explaining the formula they use.

Edited September 2, 2015 by SusieQQQ

[Sainkris 0]

Thanks SusieQQQ and everybody else for your help but it seems like there is nothing to do about this the only thing I can do is to wait until I can sponsor my son