I missed out, but don't know why...

[phb30432]

Hello guys, I am new to this forum and need some advice. My scenario is this:

Around eleven years ago, my Uncle (who at that time was a US citizen) sponsored his brother (my Dad) for a green card. On the application, he included my whole family (my Mum, two Brothers and Sister).

The priority date for the application was 10th June 1996. The application was processed and the Visas were received in November 2007. However, only my Dad, my Mum and my Sister were called for an interview. When my Parents and my Sister went to their interview, they did not ask why the other applicants did not get a green card, as they assumed that we aged-out. But I have read that there is a complex formula the CSPA applies to making these decisions, so now I'm wondering if we are still eligible.

The D.O.B's of the applicants are as follows:

Father: 15th September 1950 (Received a green card, brother of petitioner.)
Mother: 30th December 1956 (Received a green card, sister-in-law of petitioner.)
Brother: 13th June 1979 (DID NOT receive a green card, nephew of petitioner.)
Brother: 25th September 1982 (DID NOT receive a green card, nephew of petitioner.)
Myself: 30th December 1984 (DID NOT receive a green card, nephew of petitioner.)
Sister: 20th March 1986 (Received a green card, niece of petitioner.)

From these dates, can someone tell me whether or not myself and/or my brothers are eligible for green cards, as we never actually received any kind of documentation specifying why our applications were not successful.

By the way, we are from the UK.

MTIA for any help.

[rosestroup]

Are you and your brother married? If you guys are, then the petition is void.

[phb30432]

Hello, thank you for your swift response. None of my brother's or my sister are married, so I can't understand why we've been denied.

And also, if only my Dad was sponsored as a brother, how come my Mum got her green card?

Sorry if these questions seem ignorant, but I really am clueless as to the process surrounding immigration.

Thanks once again.

[erika33]

It looks like you aged out I believe that once you are over 21 yrs old than you don't qualify anymore.

[phb30432]

It looks like you aged out I believe that once you are over 21 yrs old than you don't qualify anymore.

Thanks for the reply. I just came back from the US embassy in California and the immigration officer there advised me that I may have been within the time-frame according to the CSPA, and she advised me to see someone from the Embassy that issued the Visas. Before I make an appointment with them, I just wanted to see where I stand, hence my initial post.

I have read that it may all depend on the following:

1) when exactly I-130 was filed
2) when it was approved
3) when your priority date became current

Can somebody please explain to me how I can establish these dates?

Many thanks once again.

[erika33]

Forgot to mention Laurel Scott is also an excellent attorney from personal experience and you can do an email consultation for a minimal fee

[erika33]

Do you have your approval notice? It should state the priority date on the Notice of apprval which from your prior post was June 10, 1996 and it should also have the date that the application was file. As far as when your priority date became current according to the Visa bullentin it became current in June 2007 see http://www.immihelp.com/greencard/vi.../june2007.html.

You really need to see an attorney quickly because it looks like you only have 1 year from June 2007 to re-apply under the CSPA act and that is 2 months away.

[phb30432]

Hello, thank you for your effort and good advice, I am very grateful.

I have a form I-797 titled NOTICE OF ACTION, which states that the Case Type was I-130, the Receipt Date was June 11, 1996, the Priority Date was June 10, 1996 and the Notice Date was September 24, 1996.

Is the Notice Date (September 24, 1996) the same as the Notice of Approval?

Also, I have read through the visa bulletins, but have one question. As the child of the brother of the petitioner, do I fall under the 4th preference, meaning that my Priority Date of 10th June 1996 became current in June 2007, as you mentioned?

As only my parents and my sister received their green cards, I still reside in the UK, and want to join them. I appreciate the recommendations of the attorneys you have made, but my guess is that I will have to search for a good immigration lawyer here in the UK, thanks all the same.

My final question is, if the children of the original applicant turn 21 but remain unmarried, are they still entitled to receive a green card?

Many thanks once again.

[phb30432]

When is the crucial time that I should have been below 21/above 21 and unmarried? Is it the date the PD became current (June 2007)?

I also posted this question on a similar forum, where someone there believes that I fall into the 2A/2B category, because we are unmarried sons and daughters. This is what is confusing me, do the categories apply to the relationship between the petitioner and those stated in each category, or the relationship between the primary beneficiary and those stated in each category?

I hope you can make sense of my question. If the latter applies, then the PD became current in June 1999. At this time, all the children on the original application were under 21 and unmarried.

Thanks once again, and just to update, the London embassy said they don't hold appointments for any reason other than the visa interviews. I have therefore explained my predicament and am waiting for them to advise me further. I will post here as and when I hear anything.

Once again, I cannot express my gratitude enough for all the help you've provided.

Kind regards.

[erika33]

I'm not to sure of your questions so I don't want to misinform you. Also even though you are in the UK you should still consult with Laurel Scott you can do it by email that's what I did and she is very helpful she charges $125 us dollars and she might be more familiar because she is here in the US. I also know that she has clients worldwide so you been in the UK shouldn't be a problem.

I think that you fall under the 4th preference and not the 2nd because you are not the son of the petitioner (your uncle) you fall under your father's petition whos is a sibling of the petitioner.

But please post to the other forum or do a consultation with Laurel.

Where is you dad & mom? Are they in the US? Maybe they can hire a lawyer from here.

[phb30432]

Thanks for all the good information. I have contacted Laurel Scott and am awaiting her reply. Hopefully she can shed some more light on the matter. I will report back accordingly.

Thanks once again.

[phb30432]

Thanks for all the good information. I have contacted Laurel Scott and am awaiting her reply. Hopefully she can shed some more light on the matter. I will report back accordingly.

Thanks once again.

Hello again, just an update. I underwent an email consultation with a US attorney named Laurel Scott. I have included the entire conversation, so hopefully it may help someone in my situation in the future.

This attorney came highly recommended, however I was not that impressed. When reading this, please note the duration taken to reply to my emails, and
the frequency and detail of my emails before receiving a response. Also notice the sketchiness of the replies.

I'll leave you to make up your own minds about the quality of this attorney, and urge you NOT to part with your money as easily and quickly as I did. So, here goes...

to Laurel Scott <[email protected]>
date 25 Apr 2008 00:30
subject Enlisting your services
mailed-by googlemail.com

Hello again, I have just read that private messaging is not a good way of contacting you!! As I'm sure you can appreciate, I do not want to book a consultation over email just to be told I have no chance. If you could please just indicate whether or not I have grounds to make an appeal, I'd really appreciate it, and then maybe we can have the consultation where you tell me what I need to do and when I need to do it.

Thanks again.

Hello Ms. Scott, I hope you don't mind me private messaging you. You came very highly recommended by a member named erika33, so I have decided to enlist your services if that is okay. A brief summary of my predicament is posted in my very first post, and can be seen here:

http://immigrate2us.net/forum/showthread.php?t=13725

I have been unable to get a definitive answer as to whether or not I, and my two brothers, have a chance of obtaining a green card through the original application filed in 1996.

As I currently reside in England, UK, I will not be able to come and see you in person, however erika33 informs me that you provide e-mail consultations at very reasonable rates.

I look forward to your response,

Many thanks and kind regards.

Laurel Scott <[email protected]>
date 25 Apr 2008 16:10
subject Re: Enlisting your services

A consultation is primarily for determining one's
legal options and whether potential benefits outweigh
the risks for the various options and whether the
possibility of success is great enough to justify the
legal fees. It sounds to me like this is exactly what
you are asking me to determine, which means I
recommend you go to my website www.visacentral.net and
click on consultation and follow the instructions. If
you think you have "just a quick question", I give a
free chat every Wednesday at 11:00 CST. There is a
link to the chat on my website.

to Laurel Scott <[email protected]>
date 28 Apr 2008 16:27
subject Re: Enlisting your services
mailed-by googlemail.com

Hello again Ms. Scott. I have paid for an email consultation as you
advised. The payment will be from the paypal address:
**** **** @gmail.com

Receipt ID: **** **** **** **** *

I would really appreciate it if you could help me out. The story so far is this:

Around eleven years ago, my Uncle (who is a US citizen) sponsored his
brother (my Dad) for a green card. On the application, he included my
whole family (my Mum, two Brothers and Sister).

The priority date for the application was 10th June 1996. The
application was processed and the Visas were received in November
2007. However, only my Dad, my Mum and my Sister were called for an
interview. When my Parents and my Sister went to their interview, they
did not ask why the other applicants did not get a green card, as they
assumed that we aged-out. But I have read that there is a complex
formula the CSPA applies to making these decisions, so now I'm
wondering if we are still eligible.

The D.O.B's of the applicants are as follows:

Father: 15th September 1950 (Received a green card, brother of petitioner.)
Mother: 30th December 1956 (Received a green card, spouse of applicant.)
Brother: 13th June 1979 (DID NOT receive a green card, son of applicant.)
Brother: 25th September 1982 (DID NOT receive a green card, son of applicant.)
Myself: 30th December 1984 (DID NOT receive a green card, son of applicant.)
Sister: 20th March 1986 (Received a green card, daughter of applicant.)

I have just returned from the US where I visited an immigration
officer in the San Francisco Immigration branch. She could not
ascertain any logical explanation as to why my brothers and I were
denied a green card, and advised me that I should make an appointment
with an immigration representative at the embassy from which the visas
were issued to discuss the matter further.

I contacted the London US embassy, and they informed me that they can
only book appointments for Visa interviews. So, I still do not know
where I stand. I have read on a few forums that my Parents may be able
to file I-130's for the remaining children, using the same priority
date (June 10 1996). Is this a possibility? How would they go about
doing this?

By the way, we are all from London, England, UK.

I would greatly appreciate your help regarding this matter, we would
hate to have to split up. My parents have fallen in love with the
States, as have I, and the likeliness of it is that if we can't go
over there together, no one will go at all. Please please help!!

Laurel Scott <[email protected]>
date 29 Apr 2008 02:33
subject Re: Enlisting your services

In order to benefit from the Child Status Protection
Act, you have to apply for the visa within one year of
the visa becoming available. The current visa
bulletin will not tell me when your families visas
became available, which will not be the date the visas
were actually issued. Do you happen to know what that
date was?

Never count on CIS to apply the Child Status
Protection Act without your request. You have to
stand up and demand that they apply the law correctly.

to Laurel Scott <[email protected]>
date 29 Apr 2008 12:49
subject Re: Enlisting your services
mailed-by googlemail.com

Hello again, and thank you for your reply. As I understand it, because the priority date was June 10th 1996, then according to the June 2007 Visa bulletin HERE, The priority date became current in June 2007. However, I am making the assumption that my Father (and therefore his secondary beneficiaries) all fall under the 4th category. Is this correct?

If all this is true, then the one year since the visa became available is not over yet, and will expire in June of this year. So, can we still get a green card?

I have also read that there is a Priority Date Portability Clause, which allows the original Priority Date to be used if my parents (who are now permanent residents) file I-130's for us. Is this an option for me?

Thanks again, I look forward to your response.

to Laurel Scott <[email protected]>
date 29 Apr 2008 13:01
subject Re: Enlisting your services
mailed-by googlemail.com

Hello, I have just realised something. Both my parents were born in India, and on some of the paperwork I have for them, it states their "Foreign State Chargeability" as INDIA. So, this now means that their Priority Date of June 10th 1996 became current in October 2007, which can be seen HERE. This seems more feasible, as my parents' and sister's Visa interviews were on 17th November 2007. Does this make sense and seem more likely?

If the above case is true, then we have until October of this yea to push for the remaining green cards to be issued, right?

Many thanks once again, sorry if I have caused any confusion.

Laurel Scott <[email protected]>
date 29 Apr 2008 22:17
subject Re: Enlisting your services

Yes, I believe all this is correct. I will
double-check with a colleague to make sure before you
spend any money on the case. The next thing to do is
contact the NVC and make sure they get started on your
case and notify them that you are in danger of losing
benefits under the CSPA.

Your parents cannot file new I-130s for you, using the
old priority date. I think portability only applies
if the petitioner or beneficiary change status (e.g.
naturalize or get married or something) or if the
petitioner dies.

[phb30432]

Laurel Scott <[email protected]>
date 29 Apr 2008 22:43
subject Re: Enlisting your services

Ok, my associate and I just had a meeting about you
and consulted our Kurzban's reference materials and we
came to the conclusion that you can only subtract the
processing time for the I-130, not the visa wait time
and then you get one additional year from that date.
Do you happen to know the length of time between when
you filed the I-130 and when it was approved? I doubt
it would be long enough, but let's find out.

to Laurel Scott <[email protected]>
date 29 Apr 2008 23:13
subject Re: Enlisting your services
mailed-by googlemail.com

Thanks once again for your reply. So, should I wait for confirmation from you first, or should I go ahead and notify the NVC right away? Is there any additional information I should include when I contact them?

to Laurel Scott <[email protected]>
date 29 Apr 2008 23:33
subject Re: Enlisting your services
mailed-by googlemail.com

Sorry I am a little bit confused. No I-130's have been filed on behalf of me or my brothers. The last correspondence between ourselves and the NVC was the DS-230 forms filed for my Father, Mother and Sister. I am a bit disheartened by your last email... Do you not think that we can do anything? I have read that marital status may play a part, is this true? Myself or my two brothers are not married, if that makes any difference...

(P.S. I replied to the first of the two messages you sent, and did not read the latest one, sorry!!)

Laurel Scott <[email protected]>
date 30 Apr 2008 16:32
subject Re: Enlisting your services

I'm talking about the I-130 your uncle filed for your
father and his family, which includes you.

to Laurel Scott <[email protected]>
date 30 Apr 2008 19:07
subject Re: Enlisting your services
mailed-by googlemail.com

Oh I see. The paper work I have for the original application says the following:

Receipt Number: ***-**-***- **** *
Receipt Date: June 11th 1996
Priority Date: June 10th 1996
Notice Date: September 24th 1996

Is there definitely no chance of using the old priority date? Is there anything else I can do? I heard back from the London US Embassy today, this is what their email said:

Dear Mr. **** **,

Your other children's names were not included on the file received from the National Visa Center (NVC) in New Hampshire, presumably because they had already reached their 21st birthdays and had "aged out". If you wish your children to reside with you permanently in the United States, you will need to file new I-130 petitions on their behalf. The applications will be registered in the family based second preference (F2B) category (Child 21 and over of Lawful Permanent Resident). Please note that there is a wait time of several years for visas in this category.

Sincerely,


Consular Information Unit
U.S. Embassy, London
CONS/CIU/SF

I'd hate to have to wait in excess of 10 years to join my parents. Also, as I understand it, if I get married before my date comes up, then I'm out!! I can hold out for a year or two, but my girlfriend is on the case!!

Is there anything else you can suggest? Is there any loop holes when this happens?

Thanks again.

to Laurel Scott <[email protected]>
date 2 May 2008 10:44
subject Re: Enlisting your services
mailed-by googlemail.com

Hi, I haven't heard from you in a few days. I can only assume no news is good news... Please can you get back to me with the best action to take.

Thanks.

Laurel Scott <[email protected]>
date 2 May 2008 16:31
subject Re: Enlisting your services

You cannot use the old priority date for a new I-130
with a new petitioner.

to Laurel Scott <[email protected]>
date 2 May 2008 19:46
subject Re: Enlisting your services
mailed-by googlemail.com

So, is that it? Can you give me a definitive answer as to what I should do? I provided you with the dates you asked for, and you said you would check. Please can you be more detailed in your reply. I do feel a little hard done by, spending the money for a consultation, just to be told a big fat NO. And I did email you before I paid the consultation fee, explaining that it wouldn't be fair to pay it just to hear a NO. You could have easily just told me I was too old if that was the case...

Thanks all the same...

Laurel Scott <[email protected]>
date 2 May 2008 20:04
subject Re: Enlisting your services

I'm sorry you're dissatisfied. I was clear on what
the purpose of a consultation was. You can subtract
the processing time from your age, but not the visa
wait time, which makes you aged out. Your parents can
file an I-130 for you, but they cannot use your
uncle's priority date. If they file for you now and
you get married, that negates the I-130 because
permanent residents cannot petition for married
children. Citizens can. If you are planning on
getting married in the next four to five years, you
might want to wait until they naturalize before they
file for you.

This concludes the consultation. Best of luck.

[PraetorianXI]

I am not impressed. A good immigration attorney should have known about CSPA and portability, without double checking with a colleague or references...

either way, I could have told you that for free... you aged out. You can not get a GC through that petition.

[immihelp]

May be I am not reading it correctly or missing something, but could you please tell me when was I-130 approved?