F4 Visa- Over Age Child name missing from CEAC

[tcy 29]

Hi Everyone,

 

Hope everyone's staying safe. I had a question. My uncle had applied for my parents and brother under F4 visa category. They received NVC letter last month. However, when we checked my brother's name was missing in accompanying list. He is 28 now but unmarried and has been in the USA on student visa for past 5 years. He completed his Bachelors in NY and currently pursuing his MBA in NY. We're all extremely stressed out about his name being removed. Can anyone guide us as to what we can do in this situation and add his name so that he can attend consulate interview along with them. We heard from others that we can send letter to NVC so my question is who should be sending the letter? The petitioner or Principal Applicant or my brother? Does that work? Any help will be appreciated!!

 

 

Thanks in Advance

[tcy 29]

Hi Everyone,

 

Hope everyone's staying safe. I had a question. My uncle had applied for my parents and brother under F4 visa category. They received NVC letter last month. However, when we checked my brother's name was missing in accompanying list. He is 28 now but unmarried and has been in the USA on student visa for past 5 years. He completed his Bachelors in NY and currently pursuing his MBA in NY. We're all extremely stressed out about his name being removed. Can anyone guide us as to what we can do in this situation and add his name so that he can attend consulate interview along with them. We heard from others that we can send letter to NVC so my question is who should be sending the letter? The petitioner or Principal Applicant or my brother? Does that work? Any help will be appreciated!!

 

 

Thanks in Advance

[SusieQQQ 11,586]

If he has aged out on CSPA, he will not be eligible for a visa. If he is still under 21 on CSPA calculation when a visa becomes available, then he will be eligible. Have you calculated his CSPA age? (Need birth date, priority date, approval date).

[tcy 29]

2 minutes ago, SusieQQQ said:

If he has aged out on CSPA, he will not be eligible for a visa. If he is still under 21 on CSPA calculation when a visa becomes available, then he will be eligible. Have you calculated his CSPA age? (Need birth date, priority date, approval date).

Hi,

 

Thank you very much for your reply.  No I didn't How can I calculate his age on CSPA?

[SusieQQQ 11,586]

2 minutes ago, tcy said:

Hi,

 

Thank you very much for your reply.  No I didn't How can I calculate his age on CSPA?

You can use a CSPA calculator (google it), or we can do it for you if you provide the appropriate dates as listed above. Note that the approval date is the one on the i797 approval notice (a common mistake people make is to use the NVC letter date). You won’t know the visa available date yet but can at least figure out if he has already aged out and if not, how much time he has left. 

[arken 4,197]

If he is overage, then he is not qualified to get the visa under that category. Nothing can be done.

 

You can calculate the CSPA age. Google cspa calculator. If his CSPA age is under 21 he can be added.

[NancyNguyen 1,657]

Need more info to find out if he is qualified for CSPA.

1. Priority Date

2. Approval Date

 

Approval Date - Priority Date = Waiting time

 

Current Age - Waiting time < 21, he can join his parent.

 

Current Age - Waiting time > 21, sorry he will not be able to immigrate with his parents.

[NancyNguyen 1,657]

Need more info to find out if he is qualified for CSPA.

1. Priority Date

2. Approval Date

 

Approval Date - Priority Date = Waiting time

 

Current Age - Waiting time < 21, he can join his parent.

 

Current Age - Waiting time > 21, sorry he will not be able to immigrate with his parents.

[Ban Hammer 13,334]

duplicate topics merged

[aaron2020 11,651]

1 hour ago, tcy said:

Hi Everyone,

 

Hope everyone's staying safe. I had a question. My uncle had applied for my parents and brother under F4 visa category. They received NVC letter last month. However, when we checked my brother's name was missing in accompanying list. He is 28 now but unmarried and has been in the USA on student visa for past 5 years. He completed his Bachelors in NY and currently pursuing his MBA in NY. We're all extremely stressed out about his name being removed. Can anyone guide us as to what we can do in this situation and add his name so that he can attend consulate interview along with them. We heard from others that we can send letter to NVC so my question is who should be sending the letter? The petitioner or Principal Applicant or my brother? Does that work? Any help will be appreciated!!

 

 

Thanks in Advance

Hi,

Unfortunately, your brother has aged out and there is nothing that can be done for him to immigrate with your parents.

From your other post, the Priority Date is 2007 and the I-130 was likely approved in 2011.  That gives your brother about 4 years more after turning 21.  He's 28, so his CSPA age is well over 21.

Once your parents immigrate, they can file a new case for him in the F2b category.  He will need to remain unmarried and wait another 7-8 years.  

 

Sorry.