Q: My son's visa was rejected due to overage under F4 visa category for USA, even his name was in the dependent list.

A: Consider scheduling a paid consultation with an immigration attorney to review your son's case and explore possible solutions.

A: When a visa is rejected due to age, particularly in a situation where the delay was caused by circumstances beyond your control, such as the COVID-19 pandemic, there are steps you can take to appeal the decision. The Child Status Protection Act (CSPA) may provide some relief in cases where children age out due to processing delays.

First, review the decision notice carefully. It should provide information on why the visa was denied and the process for appealing the decision. Understanding the specific reason for the rejection is crucial for an effective appeal.

Next, consider filing a motion to reopen or reconsider with the U.S. Citizenship and Immigration Services (USCIS). This motion should include any relevant information and documentation that supports your case, such as evidence of the delay caused by the pandemic and how the CSPA might apply.

You should act quickly, as there are often strict time limits for filing appeals or motions to reconsider. The exact timeframe will be mentioned in the decision notice.

Given the complexities of immigration law and the importance of this matter, it would be wise to consult with an immigration attorney. They can guide you through the appeals process, help prepare the necessary documentation, and ensure that your appeal addresses the specific reasons for the visa denial.

Remember, each immigration case is unique, and the success of an appeal depends on the specific circumstances and how well the case is presented. An experienced attorney can make a significant difference in navigating these challenges.