Q: Can we fight the decision on visa denial because of his age?
My family has been trying to immigrate from Bangladesh. The embassy date was May 29. The processes were all done and my cousin was given an Alien number. All up until two weeks ago, he received a notice about his age and was denied his interview. Everything was completed including his medical. There were also significant delays from USCIS due to Covid. Is there anyway to fight this? Does the Child Status Protection act apply to this?
A:
Yes, you can challenge the visa denial decision based on your cousin's age. The first step is to gather all relevant documents, including the notice of denial, proof of significant delays caused by USCIS due to COVID-19, and any evidence supporting your cousin's eligibility for the visa despite his age.
Next, you should file a Motion to Reopen or Reconsider with the USCIS or the consular office that issued the denial. This motion allows you to present new evidence or arguments that were not considered in the original decision. Be sure to clearly explain how the delays impacted your cousin's application and how his age should not be a disqualifying factor.
If the motion is not successful, you may also consider appealing the decision through the appropriate channels. Each case is unique, so it’s important to act quickly and follow all procedural requirements to give your cousin the best chance at a successful outcome.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
