visa rejected

[jenna]

My uncle and his 2 sons were given a letter stating the are ineligible to receive a visa under section 212 (a)(4) because of the affidavit of support. It is odd because my father a usc has hmm maybe 15 times the required income in cash and real estate assets as well as all the document to prove it also he sent in his tax returns which show that he meets 125% of the poverty line for my uncle and the derivatives his 2 sons plus his current household (an attorney prepared the document).

We are gonna send in another affidavit with an additional joint sponsor.

Anyway here is the question one of the boys is over 21 does this mean that the only issue that cam up was the I864 are we in the clear for the son being over 21?

[jenna]

My uncle and his 2 sons were given a letter stating the are ineligible to receive a visa under section 212 (a)(4) because of the affidavit of support. It is odd because my father a usc has hmm maybe 15 times the required income in cash and real estate assets as well as all the document to prove it also he sent in his tax returns which show that he meets 125% of the poverty line for my uncle and the derivatives his 2 sons plus his current household (an attorney prepared the document).

We are gonna send in another affidavit with an additional joint sponsor.

Anyway here is the question one of the boys is over 21 does this mean that the only issue that cam up was the I864 are we in the clear for the son being over 21?

[IMPENETRABLE]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Anyway here is the question one of the boys is over 21 does this mean that the only issue that cam up was the I864 are we in the clear for the son being over 21? </div></BLOCKQUOTE>

New Legislation Provides Immigration
Benefits to Children Over Age 21

Of important note for immigrants whose children
are accompanying them to the United States as
Permanent Residents is the new Child Status
Protection Act that took effect on August 6, 2002.
The CSPA addresses the prior "age-out" provision of
the immigration law which cut off children from
derivative Permanent Residence benefits if they
turned age 21 any time in the Permanent Residence
process prior to actual adjustment of status or entry
to the U.S. as immigrants from abroad.
This prior child age-out provision of the immigration
law had the harsh effect of dividing children from
parents and younger siblings in both employmentbased
and family-based Permanent Resident
sponsorship. Under the new CSPA provisions, if a
child turns age 21 during the Permanent Residence
process, he will now be able to acquire Permanent
Residence derivatively through a parent.
The CSPA applies to any petition that is currently
pending before the INS. Additionally, the CSPA is
also applicable to any petition that has already been
approved by the INS, but where no final action on an
Application for Adjustment of Status or for an
Immigrant Visa has been taken.

Source: Immigration Law Alert


Also see:

Child Status Protection Act: Explaining the new law

[jenna]

ok, We know that CSPA might help him.
AT this point have all the background/name checks been approved. I guess the main question here is once they mail in the new affidavit to the embassy are they set? Or wll there be another interview/
Thanks

[jenna]

any ideas please? Once a I864 is rejected in CP processing and they request a new one. If that is all the immigration officer discussed and asked that once one is completed to return it with a passport does that mean that there are no other issues (over 21 derivatives, name checks . . and so forth) or is this just the first step.
Please any infor will help.

[IMPENETRABLE]

Whenever anyone asks a question about CSPA I instantly urge him/her to consult an immigration attorney without any further "guessing game", because CSPA is one of the most complex Laws in INA (there are somewhere around a 1000 or so pages in that single Act, and no sane person would ever waste the time reading it all - unless it's how one makes the living in the first place); besides each District has it's own regulations and it's own way of interpreting CSPA , which results in irregularities how the same Law is applied in one region of US as opposed to other (LA, CA vs. NYC,NY and etc)...

I couldn't emphasise it more: consult an immigration attorney