McBean Immigration Law

Daughter’s Immigrant Visa is Finally Issued!

Our client’s case was lost in a “black hole” at the US embassy in Kingston, Jamaica.

The family of four had waited more than 10 years for their Priority Date to become current.

Unfortunately, when the day finally came to obtain the visas, the embassy refused to issue a visa to their adult daughter.

Here’s what happened…

In July 2006, our client’s grandmother filed for the family.

The case was placed in the F3 category for married sons/daughters of US citizens.

The I-130 family petition was approved in 2010.

In 2018, the family appeared at the US embassy for their interview.

Our client was now over 21. The principal applicant (her mom) received a visa, but not our client.

The embassy did not provide an explanation for refusing the daughter’s visa.

They left the interview feeling confused and stuck.

In 2019, her mom entered the US but never stopped trying to find a way for her daughter to obtain her visa.

They attempted to get answers from the National Visa Center (NVC) but the NVC was not very helpful.

The NVC instructed them to take repetitive steps but nothing worked.

Clients met with us to determine why the daughter’s visa was not issued.

We determined that although her daughter was over 21 at the time of the visa interview, she is still eligible for the visa based on the Child Status Protection Act (CSPA).

CSPA was created to safeguard the status of children from aging out so they can get their green card with their parents.

Here, our client was already over 21 when she appeared for the interview.

However, CSPA allows you to subtract the number of days the petition was pending.

Their petition was pending for four years.

Thus, when the daughter actually appeared for her interview, her CSPA age was under 21.

Our firm contacted the embassy in writing several times.

We explained in detail why our client’s visa should be issued.

We made a solid argument on her behalf.

Our client was then scheduled for a second interview and got her visa!

The daughter is now in the US, and her mom sent us the below email on March 28, 2023:

“Good night. To Mrs McBean and staff , my name is…I use your service for my daughter… and I just want to say a big thank you to all who help to work on my daughter immigrant paper. She is now in the US and started school to do pharmacist Assistant. Thank you once more a big thanks to and your team for doing a wonderful job.”

P.S. Every case is different. Past successes do not guarantee similar future outcomes. Consult a licensed immigration lawyer to discuss your unique situation.

About the Author


McBean Law, PLLC is a New York, Westchester-based immigration law firm that represents clients in the United States and across the globe.

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