CSPA aged out question (split)

[FallenFenrir 0]

@Family Hello mate, seeing your comment came to my mind:
Have you ever heard a case that the consular agent gave the derivative the visa despite aging out due to exceptional considerations?

[Family 3,988]

15 minutes ago, FallenFenrir said:

Hello mate, seeing your comment came to my mind:
Have you ever heard a case that the consular agent gave the derivative the visa despite aging out due to exceptional considerations

I have not had hands on experience with such…but a handful of times the consulate added derivatives for interview AFTER NVC had blocked them as aged out. 
I also confess , CSPA numbers make my head spin..but it is ALWAYS a good idea to email and argue  Service error in NVC calculations , …😂

[Ontarkie 14,217]

~~Hijack post and related reply split off to their own thread, Please do not post questions about your own case in other member's threads.~~

[jan22 3,049]

On 8/1/2023 at 11:38 PM, FallenFenrir said:

@Family Hello mate, seeing your comment came to my mind:
Have you ever heard a case that the consular agent gave the derivative the visa despite aging out due to exceptional considerations?

Assuming that the applicant truly does not benefit under CSPA any longer, i.e., they have legally aged-out, if the consular officer issued a visa it would either be a complete mistake on their part or a violation of immigration law that could result in their termination and possibly prosecution, depending on the circumstances.  There is no provision for discretion in this area, for any reason -- even exceptional ones. 

 

Worth noting, though, that the consular officer has the final calculation on CSPA, so it's certainly worth raising the issue with them so they take a careful look to see that CSPA was correctly applied.

Edited August 3, 2023 by jan22