Derivative Visa Denial Solutions

Summary

In the US, a child eligible for a derivative visa must be under 21. The Child Status Protection Act (CSPA) can help if processing delays cause aging out. The CSPA age is calculated by subtracting the USCIS processing time from the childs age. If the result is under 21, the child may still qualify. For accurate calculations and potential exceptions, consult an immigration attorney. Free consultations may be available from organizations like Statewide Legal Services of Connecticut, Greater Hartford Legal Aid, and Connecticut Legal Services.

Full Conversation

Derivative visa denied because he is over *
Hello Marsha, could you please let me know in which country this situation has occurred? This will help me provide the most accurate information possible.
US
Hello Marsha. In the US, under the Immigration and Nationality Act, a child eligible for a derivative visa must be under *. But there's an exception under the Child Status Protection Act. Could that be applicable in your situation?
Yes
Great, Marsha. The Child Status Protection Act (CSPA) could provide relief in your situation. It's designed to protect certain applicants from aging out due to processing times.
- You must determine your son's 'CSPA Age.'
- If the CSPA Age is under *, he may still qualify.
Please consult with an immigration attorney for specifics.
Can an immigration attorney help me out how to calculate cspa
Yes, an immigration attorney can certainly assist you in calculating the CSPA age. This calculation can be complex as it involves several factors such as the filing date, the approval date, and the child's age. It's advisable to seek professional legal help for accuracy.
PD subtract from
Marsha, it seems you're referring to the Priority Date (PD) being subtracted from the child's age in calculating CSPA age. Is that correct? This process can be complex. Would you like me to explain how this generally works?
age subtract from visa
Marsha, it appears you're asking about the calculation of CSPA age, where the child's age is subtracted from the visa's age. This involves using the Priority Date and visa availability date. Is this what you're referring to?
Yes
It seems like you're on the right track, Marsha. The Child Status Protection Act (CSPA) age calculation involves subtracting the length of the USCIS processing time (from the receipt date to the approval date of the I-* petition) from your child's age. If the result is under *, the child could still qualify for a visa. An immigration attorney can guide you through this process.
If I do the subtract he is *
Marsha, in the scenario where the CSPA age calculation results in your son being *, it might be best to consult with an immigration attorney. They can look into any possible exceptions or avenues for appeal. Would you like guidance on finding a reputable immigration attorney in your area?
Ok
Marsha, could you please let me know your location so that I can provide you with information on how to find an immigration attorney in your area?
Hartford CT
Great, Marsha. Here's how you can find an immigration attorney in Hartford, CT:
- Connecticut Bar Association's Lawyer Referral Service
- American Immigration Lawyers Association's Lawyer Search
- Legal Services Corporation's Legal Aid Directory
Please remember to verify the attorney's credentials before engagement.
Ok
Marsha, do you need any other legal information or is there anything else you would like to know related to this matter?
Is there any one I can get free consultation from
Yes, Marsha. In Hartford, CT, you can potentially find free consultation services from legal aid organizations. Here are a few options:
- Statewide Legal Services of Connecticut: Offers free legal advice.
- Greater Hartford Legal Aid: Provides free legal services.
- Connecticut Legal Services: Offers free consultation for low-income individuals.
Please verify their services as per your needs.
Thank you
You're welcome, Marsha! If you have any more questions in the future, don't hesitate to ask. Best of luck with your situation.
Thank you
You're welcome, Marsha! If you have any more questions in the future, don't hesitate to ask. Best of luck with your situation.