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Child Status Protection Act, 2002

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  • Child Status Protection Act, 2002

    Has anybody's case been reclassified as IR from F1 at any U.S. Consulate abroad?
    I am USC since 1999. I had sponsored by son in India while he was under 21 years of age and his priorty date is just 3 days prior to his 21st birthday. I have written letters to US Embassy in India under CSPA to reclassify him as IR but I have heard nothing from them nor they have sent any papers to my son.

  • #2
    Has anybody's case been reclassified as IR from F1 at any U.S. Consulate abroad?
    I am USC since 1999. I had sponsored by son in India while he was under 21 years of age and his priorty date is just 3 days prior to his 21st birthday. I have written letters to US Embassy in India under CSPA to reclassify him as IR but I have heard nothing from them nor they have sent any papers to my son.


    • #3
      Have you tried contacting the NVC in New Hampshire or the INS office that adjudicated your petition?


      • #4
        Dear Mr. President, thanks for your reply. My son's file is at U.S. Embassy in New Delhi (India). Although, I have written letters to US Embassy in Delhi but have not written to NVC. As per instructions issued by the State Department, the pending petitions at US Consulates abroad will be reclassified by them. Any how, as per your advise, I am going to write to the NVC and Vermont Service Center.


        • #5
          If you are persistent enough, you may be able to reach NVC by phone. If you get them on the phone, ask them the fastest way to handle this.

          If not, I suggest that you include the copy of the approval letter, copy of the CSPA with appropriate lines highlighted and a copy of your Naturalization certificate along with the cover letter.

          You may want to copy Vermont and the Delhi Consulate.


          • #6
            PS Please do post your experience, as other may be able to benefit from it. Also, you may want to contact the Congreeman or Senator from your area to put heat under the feet of the NVC and the consulate.


            • #7
              I think it is standard procedure that when all the required papers by the NVC are completed, those papers (documents) are send to the consulate abroad for visa processing. Even if the consulate abroad are given authority to make the proper "CONVERSION, they can not DO anything for now until they have the guidelines from the INS.

              Anyhow, there is no harm sending letters to mentioned agency.


              • #8

                I believe that the CSPA is quite clear in regards to children of a USC. That aspect of the law does not require "interpretation" and the DOS cable and the INS memo already addresses Mr. Umesh Passi's case.


                • #9
                  Yes, I agree, I overlooked the fact that the petitioner is a United State citizen.

                  9 days before X' mas

                  MERRY CHRISTMAS AND A HAPPLY NEW YEAR (maligayang pasko at manigong bagong taon)


                  • #10
                    I have contacted NVC and the US Embassy in New Delhi. They have advised me to contact the INS office from where the petition was approved but INS does not have file, they are asking me to contact NVC or the Consulate.
                    I am totally lost. Don't know what to do.
                    Any suggestions please............


                    • #11
                      i can very much relate to you i am myself facing the problem of file mising senario after my case has been approved ins tells me to contact nvc they say they don't even have the petion the centre i filed from says it cannot locate my file.......... what can i people like you and i can do in such circumstances. Can't fight the gov. and the least they say they can do is ---- term it as ins error and petioner might file again only the fees this time will not be taken!!!!!!! This means starting from scratch and going thru the whole process and waiting is indeed frustrating especially when loved one's seperation is concerned.


                      • #12
                        Mr. President:
                        This is an update of my son's case. I E-mailed to the U.S. Embassy, New Delhi with the facts of his case and regarding CSPA, 2002. It seems that they are also confused regarding its provisions. In reply to my email, they sent me the following reply:

                        "As per the infromation provided by you it seems that at the time the petition was filed your sons age was below 21 yrs. but when the petition was approved he was over 21 as per the information you provided in he petition.
                        If this is not the case then you are advised to contact the approving INS office and let them know about the case, the CSPA rule was implemented in Aug, 2002 and the petition in question was under F1 category since it was
                        approved, provided the petition was filed under IR2 category and say your son turned
                        21 after that, then the case would have been processed as an IR2 case.
                        You are advised to contact the approving INS office or the NAtional Visa Center whereever your petition is and let them know about the status."

                        In fact, when I sponsered my son, the INS sent me a receipt notice under Section: "Unmarried child (under age 21) of U.S. Citizen, 201(b) INA".

                        Again U.S. Embassy has referred me to the INS and NVC. What shoud I do now .............


                        • #13
                          Dear Mr. Umesh:

                          I am concerned at the lack of response of the uS Consulate. As I understand your case, your son's priortiy date is 3 days short of his 21st birthday.

                          It seems that they do not want to take the blame or bother changing it back from F1 to IR.

                          That leaves the INS and the NVC. You indicated that the file was transferred to the consulate. I am sure there must be some paperwork at the NVC level. Please call, fax and write to the NVC and request an expedited answer. When you do call, please ask to speak with a supervisor.

                          I do believe that you should also contact your congressman and both the senators from your state. They would love to help you as it is good for them to show constituent service. BTW, in which are you located?

                          I feel that NVC has the authority and they are less bureaucratic than the INS. Please do follow each office to their natural and logical conclusion. If you do not put their feet under fire, no one else will do that.


                          • #14
                            Dear Mr. President:
                            Merry Christmas.
                            Thanks for your reply and guidance. As far getting help from my Cogressman and the Senators, I am not so lucky. Unfortunately, I am a registered Democrat and they are also Democrats who think that the public has elected them to have a luxerious life on their Tax Dollars. They have forgotten that the public has elected them to serve and represent their constituents and not to give them a high paying job.
                            About a month ago, I went to the office of Congressman Jose Serrano (D-Bronx). I reached there at about 11.45 A.M. I told the Receptionist about my son's case and told her that I need a letter from the office. She said, "For this you have to come before 12 O'Clock." I said, "Madam, it is 11.45 A.M. only." She looked at the watch and said,"Oh yes, it is." Then she went inside and came back after 2 -3 minutes and said that I have to come some other day. I told her that I can not skip work every day. After that I talked to 2 - 3 more persons at his office but nobody was ready to help me. In the end, I asked them the Congressman's Telephone number and I was given a number of his Washington office. I called there three times and the receptionist was very helpful. She called two times to their Bronx Office but of no avail. In the end she send them an email with the whole episode. Then I received a call from Incharge of the office in Bronx. I discussed the whole episode with her what had happened. She felt sorry for me and apolozised what had happened. She offered me that if I can give her all the details or come to the office on any other day, she will see that I get proper help. I told her that first of all, I would like to talk to the Congressman, may be on Telephone or in person. She assured me for that but it never happened.
                            As for the Senators, they have a policy that no one can go there without any appointment. For getting an appointment, I called Senator Hillery's office as well as Senator Chuck Schumer's office and left messages on their answering machines twice but never heard anything from their office.
                            My brother-in-law is MLA (like State Congressman in the United States) in India. I have seen that the people come to him day & night with their problems and he listens to them and take personal interest to resolve their problems. All his aides are paid by him or ar volunteers. Here, the Congressmen and Senators have big offices and a large team of aides and staff maintained on our tax dollars, still they do not care about their constituents.
                            So I have no hope of getting any help from them because there is more bureaucracy in their office than the Government offices.
                            Still, I love my adopted country and always wish "God Bless America" and may God give us good elected officials, who really care for their constituents.
                            Merry Christmas to everybody.


                            • #15
                              My experience in NJ has been opposite, that is why I suggested it. I still feel if you are able to talk with the right Congressional aide, you will be able to achieve real results very fast. Please keep trying and Good Luck


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