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My immigrant visa category is F4 which is for sibling of U.S. citizen, and I have just received a letter for the interview, however my son's name is not listed on the letter. My son is now 22, unmarried. I understand he is older than 21 and is not eligible for the visa. But is there any other way that he still can have the chance to get the visa or to attend the interview with me at least? Actually, I have filed this case before to the NVC, but got no response. So what should I do at this moment? Thank you.
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Your son has to be re-petitioned by an eligible petitioner, as his aging out disqualifies him for a derivative visa under your "umbrella."
--Ray B
Originally posted by wilsonlee1217 View Post -
The time the petition was pending is subtracted from his age for aging out purposes. So for example, if the petition took 3 years to approve, then he doesn't age out until 24. You haven't given enough information to determine how long the petition was pending.
This is my personal opinion and is not to be construed as legal advice.Comment
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Wilson,
Newacct is correct that the "aging out" formula should be applied to the various event dates (priority date, birthdate, etc.) to see if any credit can be given to the son and salvage his visa eligibility.
If the Priority Date of the primary applicant was reached AFTER the son turned 21, I think he may be out of luck. Use the IMMIHELP CSPA calculator at: /usa-immigrant-visa-process/cspa-calculator/ or ask NVC (by message on their website) to review the son's CSPA eligibility.
--Ray B
Originally posted by newacct View PostComment
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