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Thread: TO UMESH AND EASY-CSPA -- CSPA

  1. #1
    Guest
    tHE COMMUNICATIONS you recieved from the NVC are standard proceedures and nothing yet is unsual.

    This is the proceedure:

    When petition's visa number became current, the NVC send a packet to the beneficiary or beneficiaries. It contain Agent Choice, Form 1-864, Form DS-230 and etc plus the fee of the primary beneficiaries and every individuals listed on line #17 of Form 1-130. The NVC WILL NOT process the petition unless it has all the above requirements.

    After the requirements are completed, the whole package is sent to the local consulate. The local consulate send the applicants to thier authorized clinic or hospital for medical, then soon after the medical record is recieve by the consul handling the case, a notice for interview is sent out.

    After 9/11, interview is hell, there are many thing the consul will require to prove family affiliation.

    Now, I am saying this to inform you that unless the regs is not yet out, the NVC will not diviate from the original standard proceedures.

  2. #2
    Guest
    tHE COMMUNICATIONS you recieved from the NVC are standard proceedures and nothing yet is unsual.

    This is the proceedure:

    When petition's visa number became current, the NVC send a packet to the beneficiary or beneficiaries. It contain Agent Choice, Form 1-864, Form DS-230 and etc plus the fee of the primary beneficiaries and every individuals listed on line #17 of Form 1-130. The NVC WILL NOT process the petition unless it has all the above requirements.

    After the requirements are completed, the whole package is sent to the local consulate. The local consulate send the applicants to thier authorized clinic or hospital for medical, then soon after the medical record is recieve by the consul handling the case, a notice for interview is sent out.

    After 9/11, interview is hell, there are many thing the consul will require to prove family affiliation.

    Now, I am saying this to inform you that unless the regs is not yet out, the NVC will not diviate from the original standard proceedures.

  3. #3
    Guest
    Boni:

    It has been standard operating procedure for the NVC to drop over age 21 derivatives from the letter they send out.

    Are you saying that there is actually some clerical error and easy_cspa's case has really not been processed taking the CSPA into consideration.

    I undersatnd your point about the regs. IS it possible that because the State Dept and INS were to jointly formulate the regs, NVC may have advance knowledge?

    One thing is certain, it is not over till it is over. Amit has not come on the board ( to my knowledge ) and substantiated his claims by giving us actual details of his case.

  4. #4
    Guest
    President,

    A note to furthe clarify stuff.....

    The first time they sent the visa bills the names of BOTH the children were dropped as they had crossed 21. (DS 230 ) forms were sent only for 2 people (primary beneficiary & spouse)

    Then the letters were sent.

    Then NVC sent the visa bills AGAIN and this time the children were included. NO DS 230 forms were sent. But the letter from NVC said NOT to use the old forms. New forms would be sent at a later date after the visa bills were paid.

    easy_cspa

  5. #5
    Guest
    It is very clear on the cspa that those secondaries under Sectin 3 can not be a traveling companion.

    Those who aged out but considered below 21 after the "reduced by" process, has yet to seek LPR in one year of the date the visa became current.

    Also those on "rettention", they have yet to wait the automatic convertion and start the process of applying for visa.

    The function of the NVC is
    to see to it that before the package is sent to the local consulate, all the requirements including the payment of the fees are completed. By then, it is now the pererogatives of the consulate to grant the visa or not.


    If I were you, I will not pay the fees for those derivatives under section 3 and wait for the regs to come out, or better yet,writh the NVC about your dilemna.

  6. #6
    Guest
    tO TELL you the truth, I am a bit confused of EASY-CSPA's situation.

    My question is: why does the NVC has gone that far to require payment of the fees before a new form is send? I do not questioned the wisdom behind it, but it appears to me that there is something they are expecting to come out relative to the most awaited regs.

    But,I have still my doubts.

    Warning ! !, fees are not refundable.

  7. #7
    Guest
    Boni,

    One should plan to apply because besides the financial downside there's a lot to gain.Let me walk you down my line of thought......

    First of all, I agree that the consulate can reject the application.

    But according to the DOS cable, the consulate is required to get an advisory opinion on cases pertaining to Section 3 of CSPA (see paragraph 13)

    And any applicant even if rejected (primary or secondary beneficiary) the "final determination" is not deemed to be made for that applicant. (see paragraph 17 )

    Thus the only risk is financial.

    The important question here, is if the acceptance of visa fees results in an immigration number being being released for the applicant. In my opinion if the derivate applicant has a valid immgration number then the consulate cannot deny the visa under 221(g)(DOS cable, paragraph 13). (They however can deny the visa for other reasons e.g fraud, public charge, medical grounds, insufficient documents etc....)

    The problem arises if the consular officer deems the primary beneficiary is fradulently trying to bring the "aged-out" child to the US. I however dont see this happening because one can always carry letters to NVC etc stating the true age of the child. If the primary beneficiay has asked the NVC if the aged-out child is elligible and if in response NVC has sent the visa bill then fraud can be ruled out !!!

    Thus, based on my analysis I would advise people to apply.

    easy_cspa

    P.S
    If the visa is denied on grounds of 221(g) the applicant does not have to pay the fee again. He appear again can submit the required proof.

  8. #8
    Guest
    I AM TRYING TO ACCESS DOS CABLE, HOW CAN I DO IT. YOUR OPINION INTEREST ME.

  9. #9
    Guest

  10. #10
    Guest
    THANK YOU PRESIDENT, i GOT IT, I AM STUDYING ITS CONTENTS.

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