F4 and CSPA

[AdityaThakkar 0]

Hello all,

 

I am writing this post for my mom's F4 case filled by her brother.

 

My mom has 3 kids. one daughter and two sons.

 

DOB of daughter: 4th November 1988

DOB of elder son: 18th May 1992

DOB of younger son (i.e. Me): 30th June 1994

 

First I would provide timeline of our file processing and then I will raise my doubts.

 

TIMELINE

 

Petition Filled on: 9th April 2004

Petition Approved: 20th November 2009 (also received the letter saying it will take years for them to process file so do not  give up your jobs or make any travel arrangement as of now etc.)

Welcome Letter Received: 12th January 2016

 

I have read the definition of child as per USCIS which primarily says a kid has to be younger than 21 years and unmarried from here.

 

By the time we received welcome letter and we logged in to ceac.state.gov the tool had name of only two people i.e. of my parents, that's obvious all of three kids are aged out by that time. Then we came to know about CSPA, which can provide protection to unmarried aged out kids by subtracting the processing time taken from biological age. Since my elder sister is married she is not eligible for CSPA and my dad passed in July of 2013 and as per our local agent both the sons are eligible for CSPA so we sent a request letter to NVC to remove my dad's name and include name of two sons. 

 

Sent CSPA request letter with request to remove my dad's name: 1st February 2016 With that letter NVC removed my dad's name but they haven't included name of either of son.

 

Meanwhile we completed all the document work of my mom's case i.e. filled DS-260, paid $325 fees, paid $125 AoS fees and submitted all the civil and financial docs and in July 2016 we received letter from NVC stating all the document work is done and your case is awaiting for visa interview appointment  overseas. As per the guidelines of our agent we did not mentioned anything about two sons in AoS forms. 

 

In June 2016 files retrograded from July 2003 to January 2001 so all activities stopped for our case I guess. In September 2016 files started moving again and since than it's moving at a decent pace.

 

In between we also sent an email to NVC to know the status of our CSPA application for which they replied on 22nd July 2016 like this.....

 

Quote

This case is currently under review for applicability of the Child Status Protection Act (CSPA).  You will be notified once a decision is reached.  Please be advised that there is no timeframe for this process.  Please do not contact the U.S. Embassy or Consulate General, as they will be unable to provide you with further information.

 

Although we send query to NVC we receive this reply from Mumbai Consulate office which was strange. 

 

And finally on 31st January 2017 we received similar email as we received in July 2016 stating....

 

Quote

 

The National Visa Center (NVC) received all the requested documentation for this immigrant visa case. The applicant is now in the queue awaiting an interview appointment overseas, where a consular officer will adjudicate the applicant’s visa application.

 

 

We sent another CSPA request in February 2017  for which we neither received any acknowledgement of request letter nor we received any reply for the same.

 

Now here are my doubts,

 

DOUBTS

 

1. Should we contact NVC again for CSPA??
2. Should we contact Mumbai Consulate for CSPA?
3. Where is our file currently? Is it in NVC or is it in Mumbai Consulate?
4. As per the last letter we received it says most of appointments are scheduled within 3 months but looking at current speed of file processing, there is time for file of April 2004 to be current So when Mumbai Consulate will arrange interview within 3 months or file will be in queue till April 2004 dose not become current?
5. In ceac.state.gov tool since last several days the status of AoS fees has changed NA which used to be paid earlier so is there anything we have to from our end? Likewise our entire process is complete for my mom yet the status of AoS documents and Civil Documents are never updated as completed they are still NA so should we contact NVC for the same?
6. What are the chances of getting CSPA protection at time of my mom's visa interview?
7. Is it mandatory to mentioned about aged out sons in the forms of AoS to get the benefit of CSPA?
8. Can someone provide some concrete example of CSPA with F4 case? some sort of link would work.
9. Any other suggestion for our case.

 

When I wrote this post the latest visa bulletin i.e. March 2003 says currently they are processing files of 22 July 2003 visa bulletin of April 2003 dues in 7-10 days.

 

Any suggestions/answers would be a great help. Thank you in advance.

 

Thank you for reading so far and sorry for misusing quote box.