F4 Green Card CSPA

[aviksamanta012345]

Hello people.. My green card petition is in a bit of jeopardy right now... My uncle had filed a petition under F4 category for my mother and her family. Me and my brother were included in the petition as we were under 21 years of age. The PD of the peition was Aug 1999. The petition got approved in Dec 2010 and around the same time the PD became current. But,we could not apply for the green card at that time because of some constraints. In the IV fee letter, they had dropped me and my brother's name as we were more than 21 years of age. As the CSPA age calculation did apply to us, we requested NVC to include our names. They did include our names and we paid the IV fees. After completing the AOS documents they dropped our names from the list whose civil documents have to be sent. They are now saying that CSPA did apply to us,but, since we did not apply within one year of PD being current, we are no longer eliigible. But, we never knew about the 1 year rule. They did say that during the interview, the consular officer might consider including us for CSPA, but, that's only for a narrow range of cases. Does anyone have any experience of such a situatuion or the narrow range of cases that are consdered?

[immihelp]

You had your chance that you missed. Not eligible anymore.

[mtouch]

Hello people.. My green card petition is in a bit of jeopardy right now... My uncle had filed a petition under F4 category for my mother and her family. Me and my brother were included in the petition as we were under 21 years of age. The PD of the peition was Aug 1999. The petition got approved in Dec 2010 and around the same time the PD became current. But,we could not apply for the green card at that time because of some constraints. In the IV fee letter, they had dropped me and my brother's name as we were more than 21 years of age. As the CSPA age calculation did apply to us, we requested NVC to include our names. They did include our names and we paid the IV fees. After completing the AOS documents they dropped our names from the list whose civil documents have to be sent. They are now saying that CSPA did apply to us,but, since we did not apply within one year of PD being current, we are no longer eliigible. But, we never knew about the 1 year rule. They did say that during the interview, the consular officer might consider including us for CSPA, but, that's only for a narrow range of cases. Does anyone have any experience of such a situatuion or the narrow range of cases that are consdered?

Consult a good immigration lawyer ASAP. You may still be able to salvage this petition as long as there was the "intent" to pursue the petition within the 1 year time frame. This intent should be demonstrated and you might need a lawyer to help you. Good luck.