AFTER MY DAUGHTER WAS APPROVE BY USCIS UNDER CATEGORY UNMARRIED CHILD UNDER 21 OF PERMANENT RESIDENT, WENT SHE WENT TO THE INTERVIEW IN PERU, THERE IN PERU THEY CHANGE HER STATUS BECAUSE SHE IS NOW OLDER THE 21 AND SEND BACK THE PAPER HERE US TO NVC TO WAIT FOR THE CORRECT PRIORITY DATE FOR HER NEW PRIORITY FB2 UNMARRIED CHILD OVER 21, I HAVE NO RECEIVE ANY PAPER LETTER FROM NVC AFTER HER FAILED INTERVIEW IN PERU, PLEASE ADVISE WHAT TO DO NOW.
You won't receive any paper from the NVC ... they transferred the file to the US Consul in Peru.
You should hire an immigration attorney and ask if CSPA applies to her case.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
The consular workers in Lima (most likely Peruvians themselves) were wrong, in that CSPA applies to your daughter's petition, with her age having been "frozen" at the time of you having filed the I-130 petition on her behalf. According to the law she has NOT aged out! Hire an immigration lawyer to properly deal with Lima and ask them to apply the law to this case.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Here age may have been "frozen" under the Child Status Protection Act. Hire an experienced immigration to help you with this matter.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.