CSPA - no iv fee invoice for derivative beneficiary

[Indttc94 0]

Category:  F4 INDIA (US citizen brother filed for his sister in INDIA)
Priority Date: 27-09-2004
Approval Date: 22-03-2010
Welcome letter received on: 26-04-2018
AOS fees paid on: 01-05-2018
Case Completed on: 15-06-2018

 

I am a son (derivative beneficiary) of principal applicant (my mother) in this case.
My Date of birth: 09-09-1994 

Current age: 23 years 9 months 

Petition pending duration: 5 years 5 months 24 days 

TIME LINE TILL NOW:  After receiving welcome letter, on the CEAC website we were able to pay IV fees for my mother (principal applicant) and father only, my name (Son’s name) was there but I was unable to pay the IV fees as no invoice was generated for me.  So we dropped an email to NVC explaining them applicability of CSPA to this case and to generate IV fee invoice for me(Son) and we got following reply from NVC to that email - “We reviewed this petition for eligibility under the CSPA and we determined that applicant does not benefit under CSPA”. 

After that we paid AOS fees and IV fees for my parents (mother and father) and completed IV application (DS-260) of mother and father. While filing that form; on particular question of WHETHER I AM IMMIGRATING WITH MY PARENTS, we filled YES in both the forms.

Following that we mailed NVC all the requested documents of petitioner and applicant (mother and father). We also mailed them my documents along with all other documents. Then we send one more email to NVC insisting them for adjudication with a consular officer then NVC’s preliminary CSPA age assessment for applicability of CSPA to this case. To that email we again got same reply: “We reviewed this petition for eligibility under the CSPA and we determined the applicant is not eligible”. After that we got case completion letter on 15-06-2018. But now when I open CEAC website my name is completely missing from Applicant information and IV application processing fees sections (Name was visible in both the sections before) only the names of my mother and father are there. So my question is “what should we do next for applicability of CSPA? Should we wait until priority date becomes current OR is there anything else we can do? Can any one tell me exact procedure for CSPA with exact timing to do it? What about missing name from CEAC website? Should we hire an attorney?THANKS.

[Jojo92122 1,924]

Your mother's PD is not current, so your CSPA age can not be determined at this time.  

 

The US Government will ONLY do the CSPA calculations AFTER the PD becomes current.  The LAW requires this. 

 

Right now, the US Government can not determine your CSPA age so that is why you are not eligible under CSPA.  The US Government can only calculate to determine if you are eligible for CSPA relief ONLY AFTER your mother's PD becomes current.

 

Wait for your parents' interview.  This is where your parents would make the case for you as a derivative beneficiary.

Edited June 21, 2018 by Jojo92122