KenA

Hi
My brother and his family got a diversity visa
his son at the time of applying for the visa nd the time of lottary selection was 20 years at the time.

while waiting for the interview, my nephew has turned 21.

they all went to the intreview (my brother, his wife, and all kids including his 21 year old sone)

they all got the visa except for the 21 year old son.

they were having big hopes on him as he is the one who was suppose to support the family and the one that speaks english.

I wonder if we can write to the consulate to change visa decision for my nephew? or what else they can do?
if so what to write? any advices?

Thanks

materialcontroller

Doesn't seem as though the consulate did anything incorrect. The adult son needs his own visa.

Rete

Wonder why the child was not protected under the Child Status Protection Act.

jxv73

CPSA may or may not protect the 21 year old.
From the FAM
I must admit I am puzzled. Is the first day fo the DV application period October 1, 2017 or the first day that DV2018 entries were allowed? The USCIS website suggests the latter. For DV2018, the respective dates were October 4, 2016 to May 2, 2017. If DOS follows the same guideline, that allows you to substract 6 months and 29 days from the child's age on the day the principal's rank selection number became current.

So the key question is, how old was the child on the day the principal's rank selection number became current? If he was 21 years 7 months, it appears he aged out.

Rete

While the OP leads us to assume the 21 year old was denied due to age, he might well have been denied for another reason altogether, although doubtful. Perhaps he has a criminal history? Or a health issue? If it was denied due to age issue, then the OP's brother would be best served to contact a well-versed US immigration attorney for assistance.

KenA

The only reason for the visa denied was the age, he has no criminal records, and the US consulate informed them in the interview that his age is the only reason.
he turned 21 on July 2017, but they were selected for Diversity Visa on April 2017 ( so he was 20 years 9 months at that time)

the interview occurred on June 2018 (he was above 21 at the interview time)

Do you think he can ask for Visa reassessment or adjust his visa status?

​​​​​​​Please please advice

tom169

Consult an attorney

KenA

They can't afford it!

jxv73

OK, thank you for providing some of the relevant dates. Please note that the date he was selected does not freeze his age. Yo need to do a CSPA calculation. He was 21 years 9 months on the interview date -I will assume this was close to the date the rank number became current. Since they were selected in April, you can subtract Oct 2016 (the date registration began) to April 2017 (the date fo selection) from his age. this is 7 months. The child's CSPA age is 21 years 2 months. Unfortunately in this case it appears that the visa officer did not make a mistake.

KenA

So is it just bad luck that their interview was on June 2018?
The embassy started interviewing people since Oct 2017, so if their number was a bit earlier that would made him pass as a child ?

scrubbedexpat099

Let us face it most people do not come up in the lottery, once they arrive in the US they can petition for hom as long as he is unmarried and stays so.

Not sure about the money issue as they would have needed to address the public charge issue to get the DV Visa in the first place.

jxv73

Yes, if his number had come up earlier he would have been able to do so - but this is the nature of immigration rules.

Nutmegger

KenA

Well, they have enough for them to live there, but attorneys charge a good amount of money.

Noorah101

You personally can have a low - cost consultation with an immigration attorney, just to put your mind at ease.

Rene