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Thread: i-130 CSPA what to do

  1. #1
    I would like to ask some question regarding CSPA , my category is i-130 F2a but im currently 23 yrs. old right now my PD is Nov. 2001, i check the CSPA Age Conputation as far as i know im still qualify for it.

    My question is

    - do i have to inform or explian the consul that im still qualify for CSPA or do the consul know all ready if a person is qualify for CSPA or not?

    - is it advisable to have a lawyer to assist me expalining regarding to my case, that im still qualify for CSPA , to avoid being denied by the consul for no season or wrong decision or opinion regarding to my case, i just like to avoid having a problem eventually.

    Any opinion or suggestion is highly appreciated.

  2. #2
    I would like to ask some question regarding CSPA , my category is i-130 F2a but im currently 23 yrs. old right now my PD is Nov. 2001, i check the CSPA Age Conputation as far as i know im still qualify for it.

    My question is

    - do i have to inform or explian the consul that im still qualify for CSPA or do the consul know all ready if a person is qualify for CSPA or not?

    - is it advisable to have a lawyer to assist me expalining regarding to my case, that im still qualify for CSPA , to avoid being denied by the consul for no season or wrong decision or opinion regarding to my case, i just like to avoid having a problem eventually.

    Any opinion or suggestion is highly appreciated.

  3. #3
    When your PD becomes current you should hear from the consulate. They will either inform you what's the next step or that you don't qualify for immigrant visa because of your age.

    Do you need a lawyer? It depends on you (how well you can understand the law and present your case), and maybe more importanat - with what consulate you'll be dealing. Some just wan't listen while the others are "more open". In your situation, I would have a "back up" plan/lawyer.

    Has your I-130 been approved?

  4. #4
    Yes ,it was already been approved march 2005 may PD got current Oct2005, may 2006 i called NVC to follow up may case they told me that my case will be forwarede to the embassy in the month of june 2006 ,unfortunately Family category got cut-off-dates . so im still waiting for the Visa bulletin to be current may be this OCT. im worried that the consul might deny me if the consul is not aware that im still qualify for CSPA, that's why i would like to know if i need to inform or emplain to the consul that im still qualify for CSPA, some people say that if a person dont know is right's the consul may deny him, i dont want that to happen,.... that why i would like to know if i need to inform oe expalin to the consul that im still qualify to avoid having a problem eventually, aneri what do you think should i do?

    - do i need a lawyer to assist me with my case?

    - or should i inform or expalin to the consul that im still qualify for CSPA, so he would not deny my case?

    tnx

  5. #5
    It is a consular's job to know who qualifys for immigrant visa and who doesn't. That includes CSPA.

    Maybe you can call the consulate, ask a few questions about the future procedure and say something like: I understand that even though I am over 21, according to CSPA, I still qualify for immigrant visa under F2B category,... and listen what the person says to that. That may give you some indication weather you'll need some help from the side (lawyer, congresperson).

    What kind of reputation has the consulate you deal with?

  6. #6
    aneri, do you think its advisable or necessary for me to get a lawyer for my case?
    -or its that complicated for my case to get a lawyer?

    if you were in my situation what would you do?

  7. #7
    I'd be armed with a copy of the section in the requisite Statute that explains how the age is calculated, when I appear at the consulate for the interview to present to the consular officer, if needed.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  8. #8
    thanks sappyconifer, thats a good i dea, ill do that but do you think thats enought for my case to present to the consul for him not to deny me bec. of age out?

    -is there a chance or possibility that the consull will not deny me any more base on my case being age out?

    tnx

  9. #9
    Aneri and sannyconifer

    - is it necessry for my situation or case to have a lawyer ?

    - or a copy of CSPA section is enough proof or evidence that im still qualify for the F2A petition , that he can not deny me base on my over age situation, what do you thinks?

    tnx !

  10. #10
    Why do you think a consular officer will not know that you are protected under CSPA?

    A stories of mistakes being made are the ones we hear. We rearly hear about millions of cases where the correct law was applyed and everything went smoothly. Why do you think you wan't be in the second group?

    Learn what you need about your situation, and have a little faith that your case will be handled correctly. Ageing out issue is not that unusal situation and I am sure consular officer has seen it before.

    I wouldn't retain a lawyer at this point. But know what number to call in case the worst case scenario happens.

    And relax.... it will work out just fine

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