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Hello Mr. naik,
My brother in law applied for "Family Based Immigration" in November, 1990, and very soon we got priority date – December, 1990. At that time my elder son's age was 12 years.
Our priority date became current and we received DS230 on 23rd Sept. 2002, in which the case number, name of the principal applicant and also the name of those applicants who were traveling with the principal applicant.
Now, in this "Immigration Visa Application (DS230) Processing Fee Bill the name of my elder child who crossed his 21 years and presently 23; had his name in it and besides his name fee where also written.
In the month of December, 2002 we called NVC, and told that "the name was there, so does it mean that he will get visas". The lady over there told that as he has crossed his 21 years; his new category is "F2B" and about the question of getting visas; it depends upon the consoler officer to give him visas or not.
Now, the question is that Does CSPA applies to this case or not, and if yes; then there are many people who has the same problem and yet not got visas.
I wanted to ask you that – what about retention of priority date? Does it applies to F4 category? In dos cable it is written "If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the
original petition."
As till now there is only one successful case of "Mandeep Patel"!!!
So if CSPA applies to all the cases approved after 6th August 2002, then why they are not given visas to child above 21 years of age?
Does they see Educational Qualification of the "Child" during interview?
Please help.
Banatwala
My brother in law applied for "Family Based Immigration" in November, 1990, and very soon we got priority date – December, 1990. At that time my elder son's age was 12 years.
Our priority date became current and we received DS230 on 23rd Sept. 2002, in which the case number, name of the principal applicant and also the name of those applicants who were traveling with the principal applicant.
Now, in this "Immigration Visa Application (DS230) Processing Fee Bill the name of my elder child who crossed his 21 years and presently 23; had his name in it and besides his name fee where also written.
In the month of December, 2002 we called NVC, and told that "the name was there, so does it mean that he will get visas". The lady over there told that as he has crossed his 21 years; his new category is "F2B" and about the question of getting visas; it depends upon the consoler officer to give him visas or not.
Now, the question is that Does CSPA applies to this case or not, and if yes; then there are many people who has the same problem and yet not got visas.
I wanted to ask you that – what about retention of priority date? Does it applies to F4 category? In dos cable it is written "If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the
original petition."
As till now there is only one successful case of "Mandeep Patel"!!!
So if CSPA applies to all the cases approved after 6th August 2002, then why they are not given visas to child above 21 years of age?
Does they see Educational Qualification of the "Child" during interview?
Please help.
Banatwala
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