bentexn

US Consular Post in the Philippines do not have a guide in handling a Motion to Reopen a CSPA Case wherein a derivative beneficiary of an F-4 petition was denied visa because of ageing out.
Which office shall the aged-out applicant contact to resolve her case? The U.S. Department of State or the USCIS?
USCIS has the latest or updated guideline in CSPA but has no jurisdiction of the Consular decision.
The subject applicant is now 26 years old and separated from her parents and sisters.
More information is earnestly sought.
Regards

Folinskyinla

Hi:

The is an excellent question!

bentexn

Thanks Folinskyinla!
This is real case and she is my daughter!
Child's d.o.b. 28DEC1982
Original petition: F-4; p.d. 22MAR1982; approved 03JUN1982; visa available 01OCT2004.
Child's DS230 Part 1 submitted JAN2003 before Packet3 issued by Manila Embassy dated 02JUL2003 advising beneficiaries (including child's name) to prepare documents. Her parents and her younger sister consular process on 17NOV2004 and left her behind as she was not included on the list for visa interview.
On August 10, 2005, Manila consular officer determined that the child is not eligible to receive benefits under the CSPA and returned the case to USCIS through NVC for reconsideration and disposition.
Now what is the appropriate action to reunite the child to her 69 year old parents?

ian-mstm

I don't mean to sound flippant about this, but hiring an attorney would seem to be a reasonable first course of action. Most of us here aren't lawyers... and your question is likely outside the general knowledge of this forum.

Ian

Folinskyinla

Hi:

I have a similar case and the matter is under litigation. DOS states that they are immune from judicial review and we are wrong.

bentexn

OK, Seriouly I am planning to have this case handled by a lawyer and Stuart I. Folinsky is a potential candidate. But I dont have any idea how much will it cost me.
Regards

Tracym

Contact the man and ask him. His website is at the bottom of his post.