Question about F4 visa interview (SPLIT)

[Mercatoris 0]

Hello everyone, loved hearing everyone's voice on this...can anyone also help us out. Bit confusion on our side: 

 

My family is scheduled for F4 interview in upcoming few weeks in Mumbai. My son is in Canada recently got his permanent resident (PR). Since, it's been a while the case was updated. My son had been removed due to a CSPA rule. However, after talking to the consulate they are letting him come in for an interview. Will have to fill out DS-260 and upload all civil docs on CEAC. 

 

Does anyone know if my son should get his biometrics and medical done in Canada or he is only allowed to get it from India?

 

Thanks.

[SusieQQQ 11,586]

He has to get them done in the country he is interviewing in.

[SusieQQQ 11,586]

Btw, do you want to share his details for CSPA calculation? (Priority date, approval date, date of birth)

[Chancy 6,241]

*** Removed duplicate thread.  Please post your related questions in this thread to keep the discussion in one place. ***

 

6 hours ago, Mercatoris said:

Hi,

 

My family is scheduled for F4 interview in upcoming few weeks in Mumbai. My son is in Canada recently got his permanent resident (PR). Since, it's been a while the case was updated. My son had been removed due to a CSPA rule. However, after talking to the consulate they are letting him come in for an interview. Will have to fill out DS-260 and upload all civil docs on CEAC. 

 

Does anyone know if my son should get his biometrics and medical done in Canada or he is only allowed to get it from India?

 

Thanks.

 

[Mercatoris 0]

1 hour ago, SusieQQQ said:

Btw, do you want to share his details for CSPA calculation? (Priority date, approval date, date of birth)

Thank you. Sure, its:

PD: April 15, 2005

AD: 8/1/2019

DOB: Jan 4, 1989

 

Also - do you know how long before my son can get his medical/biometrics before the interview? Is it 7 days?

[SusieQQQ 11,586]

43 minutes ago, Mercatoris said:

Thank you. Sure, its:

PD: April 15, 2005

AD: 8/1/2019

DOB: Jan 4, 1989

 

Also - do you know how long before my son can get his medical/biometrics before the interview? Is it 7 days?

Country of chargeability is India, correct? 

Double checking that the approval date - the i797 notice of petition being approved - date is 2019? I am concerned you confused this with the notice to file documents, because approval on cases filed that far back tended to be much shorter than 14 years.  If it really was 2019 your son is easily protected under CSPA, but I have a feeling that is not the actual approval date. 
 

The medical timing is dependent on each country, you’d need to contact the panel doctor you will use to ask that.

[Mercatoris 0]

Yes. Mumbai India.

 

Apologies, Approval Date is August 24, 2010

[SusieQQQ 11,586]

Ok (no worries, it’s a common mistake)

 

so fyi on my calculation- his CSPA age is above 21 and he does not get protection /eligibility for a visa. In simple terms, he had a little over 5 years protection (Aug 2010 - Apr 2005) but he was already 32 when a visa became available (June 2021 for your PD for F4 for India), putting his CSPA age at 27. Did you request the embassy to add him back or did they proactively contact you about it?

[Chancy 6,241]

16 hours ago, Mercatoris said:

My son had been removed due to a CSPA rule. However, after talking to the consulate they are letting him come in for an interview.

 

Note that even if the consulate allows your son to interview, they will still deny him a visa if he has in fact aged out.  I suggest you double check his CSPA age before paying visa/medical fees.

 

[SusieQQQ 11,586]

8 minutes ago, Chancy said:

 

Note that even if the consulate allows your son to interview, they will still deny him a visa if he has in fact aged out.  I suggest you double check his CSPA age before paying visa/medical fees.

 

Especially as there is airfare and presumably time off work involved, along with the medical and visa fees. Could be an expensive exercise for no benefit.

 

That was part of why I was trying to establish whether they asked for it, or the embassy proactively changed it. If the applicant asks for it, they will always allow the derivative to appear because officially they do not make the determination until a CO is reviewing the case at interview. 

[Mercatoris 0]

45 minutes ago, SusieQQQ said:

Especially as there is airfare and presumably time off work involved, along with the medical and visa fees. Could be an expensive exercise for no benefit.

 

That was part of why I was trying to establish whether they asked for it, or the embassy proactively changed it. If the applicant asks for it, they will always allow the derivative to appear because officially they do not make the determination until a CO is reviewing the case at interview. 

Yes, they reviewed the case when I asked them to add him back. We had already paid fees in 2019 but was removed from the list. Now, Mumbai CO is asking us to resubmit DS260 with Civil Docs. Get Medical/Biometrics and appear for an interview.

Edited June 1, 2022 by Mercatoris

[Chancy 6,241]

6 minutes ago, Mercatoris said:

I asked them to add him back

 

It's not a surprise that they added him back since you asked them to, even if they know the applicant has already aged out.  As mentioned above, the CO will make the final determination after the interview.  And regardless of what your son says at the interview and how much expenses he incurs to get to the interview, they will deny the visa if he has already aged out.  I strongly recommend you look into the CSPA calculation that @SusieQQQ has already done for you before spending more time and money on your son's visa application.

 

[SusieQQQ 11,586]

1 hour ago, Chancy said:

 

It's not a surprise that they added him back since you asked them to, even if they know the applicant has already aged out.  As mentioned above, the CO will make the final determination after the interview.  And regardless of what your son says at the interview and how much expenses he incurs to get to the interview, they will deny the visa if he has already aged out.  I strongly recommend you look into the CSPA calculation that @SusieQQQ has already done for you before spending more time and money on your son's visa application.

 

Yes. There’s always small print somewhere about the applicant needing to check eligibility themselves fir CSPA.

[Mercatoris 0]

Thank you for your responses. So, what do you all suggest? Should he continue with the process and do the interview? Is there a way my son can still come to US even if he has aged out? 

[SusieQQQ 11,586]

5 minutes ago, Mercatoris said:

Thank you for your responses. So, what do you all suggest? Should he continue with the process and do the interview? Is there a way my son can still come to US even if he has aged out? 

He can’t get a derivative visa if he has aged out. I assume he is unmarried, in which case you can sponsor him as adult son of a LPR once you have a green card. Currently there is around a 7-year wait in that category.