USCIS's new CSPA 'age calculation' policy does not apply at the embassy

IMMIGRATION CORNER

- MICHAEL J. GURFINKEL, ESQ

Dear Attorney Gurfinkel:

My father was petitioned by his brother in the F-4 category (brother/sister of a US citizen). I was included under my uncle's petition because I was under 21 years of age when it was filed. The NVC eventually sent notices that included my name, and so we paid all the fees, submitted all the forms and I did my medicals in connection with my interview at the US embassy.

To my shock and surprise, at the interview, the consul said I had "aged out" and did not qualify for benefits under the Child Status Protection Act (CSPA), as my age was calculated to be over 21 when the priority date was current.

I read that recently the USCIS changed its policy for calculating a child's age in that we may use the "Dates for Filing" chart (Chart B) instead of the Final Action Dates chart (Chart A). When I calculated my age using the Dates for Filing chart, my age is under 21. Would I be able to seek reconsideration at the embassy so I can be issued a visa under the CSPA?

Very truly yours, GS

Dear GS: