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CSPA - Aging out - Government Processing Delays

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  • CSPA - Aging out - Government Processing Delays

    In a case where the CSPA applies based on the age of the minor and the date the I-140 was filed, what happens if the minor does not file the DS-230 Part 1 within 1 year of visa availability, due solely to the National Visa Center's delay in sending out the Packets & Forms. Say the NVC did not send the Fee packet until 18 months after I-140 approval, the date when the visa became available in this case, and the DS-230 packet did not come until 2 years after I-140 approval. Are there any provisions concerning gov't processing delays?

  • #2
    In a case where the CSPA applies based on the age of the minor and the date the I-140 was filed, what happens if the minor does not file the DS-230 Part 1 within 1 year of visa availability, due solely to the National Visa Center's delay in sending out the Packets & Forms. Say the NVC did not send the Fee packet until 18 months after I-140 approval, the date when the visa became available in this case, and the DS-230 packet did not come until 2 years after I-140 approval. Are there any provisions concerning gov't processing delays?

    Comment


    • #3
      Hi

      I guess the I 140 was filed by parent?

      If so the parent should file either I 130 or I 824 within one year of the I 140 approval

      However there has been a court case "Kim" where this was not done.

      In fact the forms were filed after 17months, the Judge ruled that because the parents hired attorney to sort case within one year of visa approval, the judge allowed protection under CSPA

      Get advise from good attorney and book info pass

      Comment

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