1. What is the role of the National Visa Center (NVC) in the processing of CSPA (Child Status Protection Act) cases?

The National Visa Center (NVC) does not have a specific role in processing CSPA cases. The NVC is responsible for collecting visa application fees, scheduling immigrant visa appointments, and transmitting the applications and supporting documents to the appropriate U.S. Embassy or Consulate. The U.S. Citizenship and Immigration Services (USCIS) is responsible for processing CSPA cases, which allow certain children to retain their classification as a child for immigration purposes even after they have aged out.

2. Does the NVC provide any special assistance to CSPA applicants?

No, the NVC does not provide any special assistance to CSPA applicants. However, the NVC may provide specific guidance on the CSPA application process and requirements upon request.

3. How does the NVC use the CSPA to determine an applicant’s eligibility?

The NVC uses the CSPA to determine an applicant’s eligibility by applying the CSPA’s age-out protections. Specifically, the NVC will consider an applicant to be the same age as on the date of the principal applicant’s visa petition if the applicant’s visa application is filed within one year of the approval of the principal applicant’s visa petition. The NVC also applies the CSPA’s provision that, for minors who are in the process of being adopted, their age will be deemed to be the same as their chronological age at the time of the adoption or completion of immigration proceedings.

4. Does the NVC grant any special relief for CSPA applicants?

Yes, the NVC may grant special relief for CSPA applicants. This may include waiving certain requirements or considering an applicant to still be a “child” even after they have passed the age of 21. However, each case is evaluated on an individual basis and the NVC reserves the right to reject any requests for special relief.

5. What is the role of the NVC in determining CSPA age exemptions?

The National Visa Center (NVC) plays an important role in determining if an individual qualifies for a CSPA age exemption. The NVC will review an applicant’s information, including their date of visa application (DV) and the age of the applicant at the time of the DV. If the applicant meets the age requirements for a CSPA age exemption, then the NVC will forward the application to the U.S. Embassy or Consulate with jurisdiction over the applicant’s place of residence for further processing.

6. Does the NVC consider CSPA cases on a priority basis?

No, the NVC does not consider CSPA cases on a priority basis. CSPA cases are processed in the same order as all other immigrant visa applications.

7. How does the NVC apply the CSPA in derivative cases?

When the National Visa Center (NVC) applies the Child Status Protection Act (CSPA) to derivative cases, it takes into consideration the age of the derivative beneficiary when their parent files the visa petition and when an immigrant visa number becomes available. If the derivative beneficiary’s age is lower than 21 years old at the time when a visa number becomes available and more than 21 years old at the time their parent files the visa petition, then their age is frozen. This means that they will receive the same age as when a visa number became available, even if they are older than 21 by the time a visa number becomes available.

8. What other factors does the NVC consider when determining CSPA eligibility?

The NVC considers other factors such as the applicant’s age at the time of the visa petition, the date of the visa petition, and whether the applicant was listed as a derivative beneficiary on the visa petition. The NVC may also take into account the applicant’s dependency status, and any other factors related to their eligibility.

9. Can the NVC waive filing fees for CSPA applicants?

No, the NVC does not waive filing fees for CSPA applicants.

10. What types of documentation is required for a CSPA application to be accepted by the NVC?

A CSPA application to the NVC must include the following documents:

1. A properly completed and signed I-130 immigrant petition;
2. A properly completed and signed DS-3032 Child Status Protection Act Supplement;
3. A copy of the applicant’s birth certificate showing the applicant’s birth date;
4. Evidence of the qualifying relationship between the applicant and the petitioner;
5. Evidence that the beneficiary was “under the age of 21” on the date that the I-130 petition was filed;
6. Copies of all approved or pending immigrant visa petitions that were filed on behalf of the applicant;
7. Evidence of any periods of unlawful presence in the United States; and
8. Any other documents or evidence required by NVC to support the CSPA application.

11. How does the NVC process CSPA applications with minor errors or omissions?

The NVC will contact the applicant to provide the missing or incorrect information. If the incorrect information does not appear to be a significant issue, the NVC may decide to continue processing the application. Otherwise, they may reject the application and require the applicant to submit a new one.

12. What are the timeframes for processing CSPA applications through the NVC?

The timeframe for processing CSPA applications through the NVC depends on the individual case. The NVC processes applications in the order that they were received, and processing times vary due to the complexity of each individual’s case. Generally, processing times can range anywhere from a few months to a year or more.

13. How does visa availability affect CSPA applications processed by the NVC?

The Child Status Protection Act (CSPA) allows certain children who are the beneficiaries of certain immigrant visa petitions to retain their eligibility for a U.S. immigrant visa even if they have aged out of their original category. The National Visa Center (NVC) processes CSPA applications for certain children who have aged out of their original category and are seeking to obtain a visa on the basis of a CSPA-protected relationship. The availability of the visa is a crucial factor in determining whether or not an application can be processed by the NVC and, ultimately, approved. If the designated immigrant visa category for the applicant’s case is no longer available due to an annual limit, the applicant’s CSPA application may not be processed by the NVC.

14. Are there any additional filing requirements for CSPA applicants at the NVC?

No, there are no additional filing requirements for CSPA applicants at the NVC.

15. What types of follow-up services does the NVC provide to CSPA applicants?

The NVC provides a range of follow-up services to CSPA applicants, including assistance with the visa application process, providing information on medical exams, and helping with administrative processing. They also provide support in responding to requests for more information or evidence related to the case, informing applicants of their visa interview date and time, and providing assistance with travel document processing. Finally, the NVC offers post-issuance services such as facilitating the delivery of visas to the applicants.

16. How does the NVC recommend that CSPA applicants respond to requests for evidence or other requests from USCIS?

The NVC recommends that CSPA applicants respond to requests for evidence or other requests from USCIS as quickly and accurately as possible. They should submit all required evidence and documents requested by USCIS in a timely fashion in order to avoid any delays in the adjudication of their applications. It is important to remember that USCIS may deny the application if the applicant does not respond to requests for evidence or other requests from USCIS.

17. Can CSPA applicants request expedited processing from the NVC?

No, expedited processing is not available for CSPA applicants.

18. How can an applicant check on the status of their CSPA application with the NVC?

Applicants can check the status of their CSPA application with the NVC by logging into their online account. They can also call the National Visa Center at (603) 334-0700 or contact them via email at [email protected].

19. What happens if a CSPA applicant’s petition is denied by USCIS after it has been processed by the NVC?

If a CSPA applicant’s petition is denied by USCIS, the applicant’s CSPA eligibility will not be considered and the NVC will move forward with processing the immigrant visa application. The NVC will issue a decision regarding the applicant’s eligibility for the visa, which may include a denial.

20. Can an applicant appeal a decision regarding their CSPA application made by the NVC?

Yes, applicants can appeal a decision regarding their CSPA application made by the NVC. To appeal a case, applicants should contact the NVC directly and request to appeal the decision.