What to do when niece aging out?

[karen67]

This week I received a notice from National Visa Center to start visa processing for my sister and her children, whom I sponsored. Unfortunately, one of my nieces is not on the list of applicants qualified for visa because she turned 21 before the date of visa availability.

I looked at the Child Status Protection Act (CSPA). By subtracting the time period my niece's petition pending with USCIS (6 years and 4 months, priority date is 4/2/2004 and notice of approval date is 9/1/2010) from her biological age on the day of visa availability (21 year and 11 month old) I thought she is covered under CSPA.

My question is what step do I need to take at this point for my niece's visa? And should I proceed at NVC and complete visa processing for my sister and her other children?

Thank you for advising me.

Karen

[William_21]

This week I received a notice from National Visa Center to start visa processing for my sister and her children, whom I sponsored. Unfortunately, one of my nieces is not on the list of applicants qualified for visa because she turned 21 before the date of visa availability.

I looked at the Child Status Protection Act (CSPA). By subtracting the time period my niece's petition pending with USCIS (6 years and 4 months, priority date is 4/2/2004 and notice of approval date is 9/1/2010) from her biological age on the day of visa availability (21 year and 11 month old) I thought she is covered under CSPA.

My question is what step do I need to take at this point for my niece's visa? And should I proceed at NVC and complete visa processing for my sister and her other children?

Thank you for advising me.

Karen

The time spent waiting for a visa number to become available unfortunately does not count. You can only subtract processing time, like how long it took USCIS to approve the I-130 petition in that instance...

[karen67]

The time spent waiting for a visa number to become available unfortunately does not count. You can only subtract processing time, like how long it took USCIS to approve the I-130 petition in that instance...

That's exactly how I understood it and thus only subtracted the time it took for USCIS to approve the petition, and not include the time waiting for visa to be available, from my niece's biological age at the time of visa availability. I believe she is covered under CSPA.

My question is what step do I need to take at this point for my niece's visa? And should I proceed at NVC and complete visa processing for my sister and her other children?

Thank you.

[kotha]

cspa

That's exactly how I understood it and thus only subtracted the time it took for USCIS to approve the petition, and not include the time waiting for visa to be available, from my niece's biological age at the time of visa availability. I believe she is covered under CSPA.

My question is what step do I need to take at this point for my niece's visa? And should I proceed at NVC and complete visa processing for my sister and her other children?

Thank you.

I am also going thru' the same situation. We have forwarded our documents and deposited fees whose invoice raised. the elder neice is now 24 years age and we have sent a letter to NVC for considering her case under CSPA. I haven't received any reply from NVC. But I heard that unless and until the priority date become current they will not take any action wrt CSPA cases. So my advise is you sent the documents to NVC with a letter for your niece to consider under CSPA.