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Derivative beneficiary not elibgle 4 Immigration Due to Termination of the Case

Derivative beneficiary not elibgle 4 Immigration Due to Termination of the Case

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Old Oct 15th 2008, 3:31 am
  #1  
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Default Derivative beneficiary not elibgle 4 Immigration Due to Termination of the Case

Hi,

Previous Information about are process.
I received the interview letter today. It is scheduled on 20th November 2008. It is a family based visa petitioned by my Uncle (Mother's Brother). He applied for my mother and I am the derivative beneficiary. Our priority date became current in 2003 and the procedure begun. We sent the documents but it was taking some time in the mailing process in Pakistan. We also didn't give much importance as 2 of my brothers were aged out and my parents didn't want to go. The case was terminated in 2006. I got engaged to a LPR and he called NVC to open our case again and they did. This time me and my mother sent all the documents fees and everything and our case was completed on 12th September 2008. On 14th October we received Interview Letter.
The Problem
The interview letter doesn't have my name on it. Only my mother’s name was there. My fiancé called NVC to ask about this and they said due the termination in 2005, beneficiary daughter is not eligible and they have decided it after our case was complete that is after 12th September 2008. Before this they themselves asked for my documents with my name on the letters, they asked for my Fee Bill, there was a correction in the name and the corrected and sent the confirmation letter. It is just unbelievable. I am not sure what happened that they decided not to include me. They said we have completed the case and now the Consular at Islamabad Embassy can decide what to do. I can't go in the embassy as my name is not in letter . Can anybody help or explain what happened there. They said your mother should explain this infront of the consular. I also wanted to know of the DOS or NVC can explain further the reason behind it. and if I am not eligible because our case was terminated why did they send the interview letter for my mother ?

Thanks

Last edited by fawad112; Oct 15th 2008 at 3:44 am. Reason: few things missing
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Old Oct 15th 2008, 12:49 pm
  #2  
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Default Re: Derivative beneficiary not elibgle 4 Immigration Due to Termination of the Case

Originally Posted by fawad112
Hi,

Previous Information about are process.
I received the interview letter today. It is scheduled on 20th November 2008. It is a family based visa petitioned by my Uncle (Mother's Brother). He applied for my mother and I am the derivative beneficiary. Our priority date became current in 2003 and the procedure begun. We sent the documents but it was taking some time in the mailing process in Pakistan. We also didn't give much importance as 2 of my brothers were aged out and my parents didn't want to go. The case was terminated in 2006. I got engaged to a LPR and he called NVC to open our case again and they did. This time me and my mother sent all the documents fees and everything and our case was completed on 12th September 2008. On 14th October we received Interview Letter.
The Problem
The interview letter doesn't have my name on it. Only my mother’s name was there. My fiancé called NVC to ask about this and they said due the termination in 2005, beneficiary daughter is not eligible and they have decided it after our case was complete that is after 12th September 2008. Before this they themselves asked for my documents with my name on the letters, they asked for my Fee Bill, there was a correction in the name and the corrected and sent the confirmation letter. It is just unbelievable. I am not sure what happened that they decided not to include me. They said we have completed the case and now the Consular at Islamabad Embassy can decide what to do. I can't go in the embassy as my name is not in letter . Can anybody help or explain what happened there. They said your mother should explain this infront of the consular. I also wanted to know of the DOS or NVC can explain further the reason behind it. and if I am not eligible because our case was terminated why did they send the interview letter for my mother ?

Thanks
Hi:

What is your birthday? If you are now over 21, you may have very well lost any CSPA benefits.
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Old Oct 15th 2008, 2:25 pm
  #3  
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Default Re: Derivative beneficiary not elibgle 4 Immigration Due to Termination of the Case

Originally Posted by Folinskyinla
Hi:

What is your birthday? If you are now over 21, you may have very well lost any CSPA benefits.
If the child was always included in the case since the beginning and just turned 21 after reopening the case, shouldnt he be included in the case for interview with his mom. When the priority date got current in 2003 the age was 16. Now its 21 over.
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Old Oct 15th 2008, 3:15 pm
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Default Re: Derivative beneficiary not elibgle 4 Immigration Due to Termination of the Case

Originally Posted by fahad
If the child was always included in the case since the beginning and just turned 21 after reopening the case, shouldnt he be included in the case for interview with his mom. When the priority date got current in 2003 the age was 16. Now its 21 over.
Hi:

The CSPA rules apply to this one.
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Old Oct 15th 2008, 4:09 pm
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Default Re: Derivative beneficiary not elibgle 4 Immigration Due to Termination of the Case

DOB is 13th aug 1987 turned 21 just 2 months ago
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