CSPA and New Delhi Embassy

[raky801]

Dear All Readers

I applied for petition for my brother in 2003, it got approved in 2009 and the
priority date is becoming current in Sep 2015. Although both of his sons are older than
21 but based on various CPSA calculators on this site and some other sites
they should be treated less than 21 as per CSPA calculation.

So far I don't see their name on NVC website. The names were in I-130.
The interview location will be New Delhi.
In case someone has recent experiences how to get his two son's names included back
by working thru NVC or Delhi Embassy, please share your guidance.

TIA, Raky

[dpatel126]

Dear All Readers

I applied for petition for my brother in 2003, it got approved in 2009 and the
priority date is becoming current in Sep 2015. Although both of his sons are older than
21 but based on various CPSA calculators on this site and some other sites
they should be treated less than 21 as per CSPA calculation.

So far I don't see their name on NVC website. The names were in I-130.
The interview location will be New Delhi.
In case someone has recent experiences how to get his two son's names included back
by working thru NVC or Delhi Embassy, please share your guidance.

TIA, Raky

Have you received AOS invoice for your brother and his wife? If so, collect all the supporting documents and fill out DS-260 (include your nephew's names on DS-260). and write this SAMPLE letter to the NVC when sending the documents. NVC will send another invoice for both of your nephew once the visa date/priority date confirmed that they are qualified for CSPA. (recent experience with CSPA). I am currently waiting for NVC to review all the documents.

Here is a sample letter
May 27, 2015

NVC
ATTN: DR
31 Rochester Ave., STE 100
Portsmouth, NH 03801-2914

Dear NVC case analyst,

This letter is to inform that I am sponsoring main beneficiary and derivative beneficiaries of case number BMB YYYY YYYY XX.

The case number BMB YYYY YYYY XX consist four individual named ABC Patel (main beneficiary), followed by derivative beneficiary DEF Patel, GHI Patel and JKL Patel. I would like to inform you that under the case number BMB YYYY YYYY XX, one family member name JKL Patel, son of ABC Patel has not received NVC payment invoice because his situation might be considered under Child Status Protection Act. Kindly, please review JKL Patel’s information and let us know if you would need any more information for him.

Sincerely,



The sponsor's name

[raky801]

Dear dpatel126

Thank you very much for the detailed and helpful response. Please do share how the whole process go for you if not already finished.

Thanks, Raky

[raky801]

Dear dpatel126

Just posting this for the benefit of others.
After the date became current I called NVC. They ran CSPA calculation and the CSPA eligible applicants names were added back to the petition with in 10 days. They had told me that it would be done with in 30 days. I was very impressed with the helpful attitude of the NVC Analyst I spoke to.

Thanks, Raky

- - - Updated - - -

In the above reply please ignore the second paragraph. That got pasted by mistake.

[raky801]

IV Fees paid for all but only one DS-260 available online

Hope some team member can share if they have come across.
I have filed for my brother and after some communication with NVC names of his sons were added after running CSPA calculation.
We paid the IV fees in last week of Nov.
Now when I tried to fill up the DS-260 online, only DS-260 is available for principal applicant but not for derivative candidates. It shows IV fees paid. Also in the status it says 'follow later'.
In case if any one know why it is so and how best to handle it, please let me know.

While posting this I came across below link also which indicates this is technical problem.

TIA, Raky

[im_help]

F4 & cspa

Dear dpatel126 and raya801,

I have a similar situation with CSPA and need advise.
1. August 2015 - Received welcome letter and My brother and his wife names are on NVC site but children are not there because "aged-out".
2. Children are eligible under CSPA rules and calculation.
3. Called NVC in August 2015 and NVC responded your case is not current so CSPA will be reviewed later when it become current.
4. Case become current in December 2015
4. Send a letter (as suggested in earlier thread to NVC regarding CSPA calculation and request to add names, invoice fees etc) in Dec 2015
5. AOS fees paid Dec 2015
6. Called Jan to NVC to ask status of CSPA and add names for children and invoice etc but NVC responded that since children are "aged out" they cannot add it and its up to local embassy to decide for CSPA so show papers to embassy at the time of interview for CSPA eligibility.

My question is: Is CSPA eligibility decide at NVC and follow the procedure as suggested in this thread, (fill out DS-260 and send all document with sample CSPA letter)
or
as suggested by NVC - just follow normal procedure without children and let local embassy decide at the time of interview?
or
just hire a immigration attorney to deal with this?

Thanks

[im_help]

F4 & cspa

Dear dpatel126 and raya801,

I have a similar situation with CSPA and need advise.
1. August 2015 - Received welcome letter and My brother and his wife names are on NVC site but children are not there because "aged-out".
2. Children are eligible under CSPA rules and calculation.
3. Called NVC in August 2015 and NVC responded your case is not current so CSPA will be reviewed later when it become current.
4. Case become current in December 2015
4. Send a letter (as suggested in earlier thread to NVC regarding CSPA calculation and request to add names, invoice fees etc) in Dec 2015
5. AOS fees paid Dec 2015
6. Called Jan to NVC to ask status of CSPA and add names for children and invoice etc but NVC responded that since children are "aged out" they cannot add it and its up to local embassy to decide for CSPA so show papers to embassy at the time of interview for CSPA eligibility.

My question is: Is CSPA eligibility decide at NVC and follow the procedure as suggested in this thread, (fill out DS-260 and send all document with sample CSPA letter)
or
as suggested by NVC - just follow normal procedure without children and let local embassy decide at the time of interview?
or
just hire a immigration attorney to deal with this?

Thanks

[dpatel126]

Dear dpatel126 and raya801,

I have a similar situation with CSPA and need advise.
1. August 2015 - Received welcome letter and My brother and his wife names are on NVC site but children are not there because "aged-out".
2. Children are eligible under CSPA rules and calculation.
3. Called NVC in August 2015 and NVC responded your case is not current so CSPA will be reviewed later when it become current.
4. Case become current in December 2015
4. Send a letter (as suggested in earlier thread to NVC regarding CSPA calculation and request to add names, invoice fees etc) in Dec 2015
5. AOS fees paid Dec 2015
6. Called Jan to NVC to ask status of CSPA and add names for children and invoice etc but NVC responded that since children are "aged out" they cannot add it and its up to local embassy to decide for CSPA so show papers to embassy at the time of interview for CSPA eligibility.

My question is: Is CSPA eligibility decide at NVC and follow the procedure as suggested in this thread, (fill out DS-260 and send all document with sample CSPA letter)
or
as suggested by NVC - just follow normal procedure without children and let local embassy decide at the time of interview?
or
just hire a immigration attorney to deal with this?

Thanks

Can you tell me age of children and priority date of your file? I can determine how to argue based on this.

[im_help]

F4-cspa

Can you tell me age of children and priority date of your file? I can determine how to argue based on this.

Hi dpatel,

Child 1 -

Child’s Date of Birth: 03/1992
Date Immigration Petition filed: 03/2003
Date Immigration Petition Approved: 10/2009

child 2-

Child’s Date of Birth: 08/1994
Date Immigration Petition filed: 03/2003
Date Immigration Petition Approved: 10/2009

I have calculated CSPA age and its become 17 years and 14 years

Thanks for your help

[raky801]

In my case I have called NVC after the date becoming current but before paying IV fees. The NVC person I spoke to was very friendly and very helpful. He said they will run the CSPA calculation and will let me know if the children are eligible. He said it might take up to 45 days, but I got invoices in about 2 weeks. Our date became current on Nov 1st and I called around Nov 7.

TIA,Raky

[dpatel126]

Hi dpatel,

Child 1 -

Child’s Date of Birth: 03/1992
Date Immigration Petition filed: 03/2003
Date Immigration Petition Approved: 10/2009

child 2-

Child’s Date of Birth: 08/1994
Date Immigration Petition filed: 03/2003
Date Immigration Petition Approved: 10/2009

I have calculated CSPA age and its become 17 years and 14 years

Thanks for your help

Is your file current at the NVC yet? You can only ask for CSPA calculations if your file is current at NVC.

[im_help]

Cspa

Thanks dpatel for the response.
Yes, file is current at NVC. also parents invoiced for IV fees. When I called NVC to add under CSPA, agent said children are "aged out" and they cannot do anything with CSPA and you have to do at consular at embassy at the time of interview.
So don't know what to do. fill up fees (parents) and ds-260 and include the letter for CSPA for children?
Thanks and waiting for replay.

[dpatel126]

Thanks dpatel for the response.
Yes, file is current at NVC. also parents invoiced for IV fees. When I called NVC to add under CSPA, agent said children are "aged out" and they cannot do anything with CSPA and you have to do at consular at embassy at the time of interview.
So don't know what to do. fill up fees (parents) and ds-260 and include the letter for CSPA for children?
Thanks and waiting for replay.

See if you can write them a letter, search of CSPA, you will find the letter format example. They are not aged out. A letter puts in a written request and makes them figure out the calculations.

[Imran Khattak]

Cspa pakistan

Petition filed date 20 Mach 2003
Approval date 10 January 2010
Welcome letter from NVC on 14 august 2015 and they ask for submitting civil documents .
But my name & my sister name were missing in letter /mail .
My date of birth 24 September 1991
My sister date of birth 1992.
So under CSPA ACT what is my position and chances of getting approval ???

Imran Khattak

[Imran Khattak]

Petition filed date 20 Mach 2003
Approval date 10 January 2010
Welcome letter from NVC on 14 august 2015 and they ask for submitting civil documents .
But my name & my sister name were missing in letter /mail .
My date of birth 24 September 1991
My sister date of birth 1992.
So under CSPA ACT what is my position and chances of getting approval ???

Imran Khattak