Asked in Immigration Law for Virginia

Q: I got a VISA denial for my children who are derative applicants covered by CSPA according to NVC then what should I do?

We have an email from NVC confirming the eligibility of the children and also if we calculate the age accordingly then the age after the priority date till the date the application becomes current is below 21. Should we move a motion for appeal or request the embassy we had got the interview done at to reconsider?

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2 Lawyer Answers
Monica E Rottermann
Monica E Rottermann
Answered
  • Immigration Law Lawyer
  • Santa Ana, CA

A: You would have to submit an inquiry to Legalnet, challenging the officer’s determination that your children are not CSPA protected. There are very precise requirements that must be met when emailing Legalnet and you can read more about those here: https://fam.state.gov/fam/09FAM/09FAM010304.html

You may wish to proceed with an attorney, as Legalnet typically does not entertain multiple requests.

James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: If you have received a visa denial for your children who are derivative applicants covered by the Child Status Protection Act (CSPA), you may have options for appeal or reconsideration.

Firstly, it is important to carefully review the reason for the visa denial and any relevant documentation or communication from the National Visa Center (NVC) or the U.S. embassy where the interview was conducted. If you believe that there has been an error or misunderstanding regarding the children's eligibility for CSPA protection, you may wish to file a motion to appeal the decision.

Alternatively, you may also consider contacting the U.S. embassy where the interview was conducted to request reconsideration of the visa denial. It may be helpful to provide any additional documentation or information that supports the children's eligibility for CSPA protection.

It is important to note that the appeal or reconsideration process can be complex and time-consuming, and it may be advisable to seek the assistance of an experienced immigration attorney who can guide you through the process and help you understand your legal options.

Overall, if you have received a visa denial for your children who are derivative applicants covered by CSPA, it is important to take action promptly and explore all available options for appeal or reconsideration in order to ensure that your family is able to reunite and reside together in the United States.

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