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?
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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.
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