How to requesting NVC for IV fee invoice for child because case might apply CSPA?

[shimanto 0]

Dear All,
My Mom (Azmiri ******, main beneficiary, F4 category) received an email for IV fees invoice on October 22, 2015. In this email NVC sent us the invoice for my parents. But they did not sent invoice for me and my younger brother as we two turned 21. They also said if we believe that CSPA applies to our case then send the detail explanation to NVC. For my mom's case there are 4 derivative beneficiary (Spouse; 2 sons; 1 daughter) and the children are also under 21 when the petition was filed. As my sister is married, she does not have a chance for apply CSPA. But for my brother and me, we are still unmarried and aged 21 and 22 respectively. And the petition was pending at USCIS for more than 6 years. So we believe CSPA applies to our case. So if I am correct, then please tell me how to contact with NVC for this CSPA issue and request them to send the IV fee invoice for my brother and me. So far we have filled DS 260 for my parents and tell NVC that we two brothers are immigrating with my parents . Hopefully PD will be current in next 3/4 months accordingly to DOS Visa Bulletin. But we want to face the visa interview together with my parents. NVC says that Consular officer will determine if the case is applicable for CSPA. Why not NVC can determine it? And if the case is CSPA applicable, is it possible to reject the it by the consular officer because they child is not well educated or something like that?

Thanks in Advance

NVC Case no: DHK2009XXXXXX
Priority date: July 02, 2003
Petition approval/ Sent to NVC by USCIS : October 05, 2009

NVC first letter received: November 16, 2009.
My date of birth : October 22, 1993
My Brother's date of birth : November 29, 1994

Edited December 5, 2015 by shimanto

[raj kaur 0]

Did you try contacting an attorney ??? It is always advisable to have a moderator for such complicated cases else a letter , passport copy and birth certificates will do . I read a sample letter somewher , try to google it

[raj kaur 0]

Please do share the proceedings as we are also going through the same process . Our attorney , Shah Peerally Law Firm , US , sent our documents . We received a 30 days review letter and today after 45 days we received a letter stating review of documents , AOS and payment of fee however no fee bill is invoiced for me and my sister . Hence we are confused if its in regard to our CSPA application or instructions for our Parents ???

[shimanto 0]

No we did not contact with attorney yet. But we contact to the NVC and they replied the consular officer will calculate the CSPA age of the derivative on the interview date. we also contacted with US Embassy Dhaka as they consider our situation. I think its better to contact with the Embassy where the interview will take place because visa is issued by them. If the CSPA as is bellow 21 then derivative must get the chance to become LPR within one year of visa availability. Please let me know about your case.