Urgent Please

[Jorolove 1]

Hi everyone. I have two questions

My father apply for me I-130 under a F2B category. My priority date which is my visa becomes available on october 2015. The NVC ask me to pay for my visa and send my affidavit support.

Question 1- Can I add my 20 years old daughter to come with me in the USA? Notice, she was not in my case yet? I just want to add her under the case now.

Question 2- I have another daughter but the National visa center said she is not qualified to join me under the CSPA law. When I called NVC, they said I could bring my daughter passport when I have an interview, and the interviewer is the one who will decide if he will grant her to join me. She was born September/1992 and is 23 years old now.

to give you more information:
- the Priority date is 03/2009 under F2B category
-USCIS approved the petition around the middle of February 2010
-Country HAITI

Can a lawyer help me win that case? What should I do? I need help please

[Hypnos 6,578]

1) The first daughter should be able to be added to the case provided she is under 21 and unmarried. Depending on when her birthday is this may or may not be possible (since she'd likely need to enter the US prior to turning 21).

2) Unfortunately no. Your second daughter has aged-out, and is not eligible to join your F2B petition as a derivative beneficiary. You would need to enter the US and then petition her yourself separately. It would take approximately six and a half years for her priority date to become current under F2B, and she would need to remain unmarried.

Edited November 6, 2015 by Hypnos

[aaron2020 11,651]

1. 20 years old can be added if she is single. The other poster is wrong about her 21sr birthday. Since your PD is current, CSPA will lock her age as 20 as long as she applies for a visa within 1 year of your PD becoming current. Turning 21 will not affect her. She can come after age 21. (Hypnos - this is not a K-2 situation.)

2. 23 years old daughter has aged out. Since it took USCIS about a year to approve the I-130, you can only subtract that year from her real age. Her CSPA age would be 22 so she has aged out.

A lawyer can not help. A lawyer can not make an ineligible child into an eligible one. You will have to petition for your 23 years old. She will be in the F2b category and wait 7 years for a visa.

[Hypnos 6,578]

True, I was thinking of a K-2.

[Jorolove 1]

Thank you guys for your reply. That was very helpful. Now what should I do to add my 20 years old daughter to the case? How to start? Please

[sam19866 2]

For you doughter 23 years old she have her chance its depend on the case and officer during the interview .just you ask the officer and explain to him about her maybe they will give her visa

its happend to some one here and i've read about that few month ago where his doughter 25 old and unmarried and during the interview the officer ask them about her then he told them to bring her for interview then he approved her visa ....hope that will help

good luck

[aaron2020 11,651]

Thank you guys for your reply. That was very helpful. Now what should I do to add my 20 years old daughter to the case? How to start? Please

Contact the NVC. Provide them with a photocopy of your 20 years old daughter's birth certificate with a certified English translation. Reference the case number, petitioner's info, and your info.

Google "contact NVC."

Google "USCIS translation."

For you doughter 23 years old she have her chance its depend on the case and officer during the interview .just you ask the officer and explain to him about her maybe they will give her visa

its happend to some one here and i've read about that few month ago where his doughter 25 old and unmarried and during the interview the officer ask them about her then he told them to bring her for interview then he approved her visa ....hope that will help

good luck

Please review the rules of CSPA.

The 23 years old daughter has aged out.

Please don't give the OP false hope.

[Jorolove 1]

1. 20 years old can be added if she is single. The other poster is wrong about her 21sr birthday. Since your PD is current, CSPA will lock her age as 20 as long as she applies for a visa within 1 year of your PD becoming current. Turning 21 will not affect her. She can come after age 21. (Hypnos - this is not a K-2 situation.)

2. 23 years old daughter has aged out. Since it took USCIS about a year to approve the I-130, you can only subtract that year from her real age. Her CSPA age would be 22 so she has aged out.

A lawyer can not help. A lawyer can not make an ineligible child into an eligible one. You will have to petition for your 23 years old. She will be in the F2b category and wait 7 years for a visa.

Contact the NVC. Provide them with a photocopy of your 20 years old daughter's birth certificate with a certified English translation. Reference the case number, petitioner's info, and your info.

Google "contact NVC."

Google "USCIS translation."

Please review the rules of CSPA.

The 23 years old daughter has aged out.

Please don't give the OP false hope.

Thank you for your help. will this significantly delay the visa procedure? For the guy who said the officer granted the 25 years old the visa, that's what to NVC told me to bring my 23 years old daughter's papers such as passport, and the officer is the one who can decide if he or she would grant my daughter the visa.

[sam19866 2]

Contact the NVC. Provide them with a photocopy of your 20 years old daughter's birth certificate with a certified English translation. Reference the case number, petitioner's info, and your info.

Google "contact NVC."

Google "USCIS translation."

Please review the rules of CSPA.

The 23 years old daughter has aged out.

Please don't give the OP false hope.

My friend i didn't give him any false hope ..and just told him what i know and what NVC told him was same with my info... like that im right i think

he will lose nothing if he try!!!!... i didn't confirm to him anything i was totally clear in my point

@

Jorolove

good luck and hope will get the visa for your daughter ...and don't be sad if case of fail good luck again anyway

Regards

[Hypnos 6,578]

You did give false hope by implying that the second daughter could receive a visa. She has aged-out, and is ineligible to receive a derivative visa through the existing petition.

[HFM181818 750]

the 23 year old cannot be included as a derivative beneficiary, no matter how many lawyers one hires....unless you find one sleazy enough to alter her birth certificate (there might be two immigration attorneys who wouldn't do this!)....a CO cannot just decide for him or herself to grant a visa out of mercy or pity, lest that CO run afoul of the law. The 23 year old would have to wait for the F2b, which would remain valid as long as she remains unmarried. Of course, once that fact sinks in, there will be endless student visa requests by her, with a very small chance of success, since she would not have any strong reasons to return once the OP and sis are in the US.

[aaron2020 11,651]

My friend i didn't give him any false hope ..and just told him what i know and what NVC told him was same with my info... like that im right i think

he will lose nothing if he try!!!!... i didn't confirm to him anything i was totally clear in my point

@ Jorolove

good luck and hope will get the visa for your daughter ...and don't be sad if case of fail good luck again anyway

Regards

The NVC has already told the OP that her 23 years old daughter has aged out. You tell her there is "a chance depending on the case and officer at the interview."

If you understood CSPA, you would know that the 23 years old has aged out.

When you tell the OP that there is a chance when the law said she aged out and the NVC said she has aged out, then you are giving false hope because there is no chance.

If I am wrong, then please tell me why there is a chance as you stated? What is this chance?

Just because you don't understand the CSPA law, it does not mean there is a chance. Telling the OP there is a chance when the reality is that there is not means you are giving her false hope.