No option to pay immigrant visa fee on CEAC for - Over 21 children eligible per CSPA

[shaken]

I need expert advise.

I have files immigrant visa petition for my brother in F4 category with priority date of Dec 2003 (country India). My brother recently got notification and now chose "choice of agent" online. My brother's son was about 12 years in Dec 2003 and now is aged out as he is about 24 years. As per CSPA age calculator, son is eligible to immigrate with my brother as he is unmarried.

When I go to CEAC to pay immigrant visa fees, I see invoice for my brother and sister-in-law (only 2 people) but not kids (nephew / nieces). In other words, there is no option to pay fees for my nephew. My brother wants to come to USA only for my nephew, otherwise there is no point for him to come as he is well-set in India. As per CSPA (https://www.uscis.govhttps://www.imm...ction-act-cspa), my nephew has to file DS-230 (DS-230 paper or now DS-260 online) in order to "seek to acquire" permanent residence.. However, I can not file DS-260 without paying my brother and sister-in-law's fees. And I am worried that once I pay fees for only parents, my nephew may never get a chance.. This is like catch-22 situation. I can't move forward because there is a chance my nephew may get dropped in process. I have to move forward and pay fees, otherwise I can't file DS-230.

I called USCIS and asked about same. The officer told me that it is upto consular officer to decide if my nephew is allowed or not.. I tried to explain catch-22 situation but I did not get satisfactory or clear answer.

What should I do? Any thoughts?

[akash.patel4u]

Hello....any updates?

Hi,

I would appreciate if you can share your experience or updates after you created this thread.
My case is very similar.
The application was filed in 2004 (I was 17), and approval was received in 2010.
My parents received the DS-260 (in Oct'18) and my name was mentioned, but fee payment wasn't allowed for me.
I paid the fees for my parents and their DS-260 forms were available to be completed, so I filled their forms.
I also emailed USCIS that due to the delay, my age crossed the eligible limit of 21 years and requested them to consider my name in CSPA.
I received the following response: Thank you for contacting us about your applicant's interest in a visa. To continue with processing, you must submit fees and forms to the NVC. We cannot guarantee that the applicant will qualify for Child Status Protection Act (CSPA) benefits. At the interview, the Consular Officer may find that the applicant is ineligible for a visa. Before you decide if you want to proceed, please go to our website and review the CSPA requirements.
But I then noticed that my DS-260 payment was open so I just made the payment and now waiting to fill the DS-260 form.

Does that mean that I can appear for the interview with my parents and would they consider me for the visa?

Would appreciate having your updates and advice!

Thanks.

[scientist2016]

Hi,

I would appreciate if you can share your experience or updates after you created this thread.
My case is very similar.
The application was filed in 2004 (I was 17), and approval was received in 2010.
My parents received the DS-260 (in Oct'18) and my name was mentioned, but fee payment wasn't allowed for me.
I paid the fees for my parents and their DS-260 forms were available to be completed, so I filled their forms.
I also emailed USCIS that due to the delay, my age crossed the eligible limit of 21 years and requested them to consider my name in CSPA.
I received the following response: Thank you for contacting us about your applicant's interest in a visa. To continue with processing, you must submit fees and forms to the NVC. We cannot guarantee that the applicant will qualify for Child Status Protection Act (CSPA) benefits. At the interview, the Consular Officer may find that the applicant is ineligible for a visa. Before you decide if you want to proceed, please go to our website and review the CSPA requirements.
But I then noticed that my DS-260 payment was open so I just made the payment and now waiting to fill the DS-260 form.

Does that mean that I can appear for the interview with my parents and would they consider me for the visa?

Would appreciate having your updates and advice!

Thanks.

From the information you provided it appears that you will not qualify for CSPA. (You would have qualified only until 6yrs. (2010-2004) after you turn 21.)

[akash.patel4u]

Hi

From the information you provided it appears that you will not qualify for CSPA. (You would have qualified only until 6yrs. (2010-2004) after you turn 21.)

Thank you for your response!

I entered the info in CSPA calculator and got the following msg:
Even if your CSPA age is less than 21 years, you are ineligible for an immigrant visa as the child must "seek to acquire" permanent residence within 1 year of a visa becoming available. You have waited too long.

I understand that I crossed the CSPA age limit of 21, but then I am able to fill the DS-260 form.
I emailed USCIS, and then the DS-260 form (for me) was made available online and I made the payment.
I am wondering if this would help get the visa?

[scientist2016]

Thank you for your response!

I entered the info in CSPA calculator and got the following msg:
Even if your CSPA age is less than 21 years, you are ineligible for an immigrant visa as the child must "seek to acquire" permanent residence within 1 year of a visa becoming available. You have waited too long.

I understand that I crossed the CSPA age limit of 21, but then I am able to fill the DS-260 form.
I emailed USCIS, and then the DS-260 form (for me) was made available online and I made the payment.
I am wondering if this would help get the visa?

Nope. As you posted in one of your previous messages: The email clearly states that only the interviewing officer can/will make a determination regarding CSPA eligibility. For that your CSPA adjusted age needs to be <21 yrs. on the day of interview. No exceptions. The fact that you were allowed to pay the fee is immaterial. In fact the most common occurrence is that the eligible party is unable to pay the fee (since the system did not include their name) and they present their case to the interviewing officer and once he/she determines that they are indeed eligible, they are asked to pay the fee right away at the consulate.

[msp_71]

What to do next i am having same issue and now my priority date is current and i paid all visa fees and documents were qualified

[Rewans]

From the information you provided it appears that you will not qualify for CSPA. (You would have qualified only until 6yrs. (2010-2004) after you turn 21.)

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hello bro , I hve the same problem, and they now letting me put myself in , but I was wondering what happened to you? Did you got accepted or not?