Is derivative beneficiary affected by retrogression if she has submitted all requirements by Embassy in Manila? 4 Answers as of February 17, 2011

My derivative beneficiary has submitted all requirements (DS230, Birth Cert, NBI Clearance) on Oct. 28, 2010. Medical and Passport was submitted on 11/8/2010. Visa Fee was paid to NVC on January, 2010. She turned 21 in February, 2010.Priority Date is 7/1/92 - F3. She did not receive a visa and was informed that it was affected by retrogression. Why was she then asked to submit the requirement in October, 2010. Is there hope to get a visa when all requirements have been submitted?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Under the Child Status Protection Act, your derivative child's status is not just determined by her birthday when she submitted her DS-230 Application for Permanent Residency, but in a mathematical formula of 1) your child's birthday of February 2010; 2) subtract the number of months that it took for your original I-130 petition to be granted by the USCIS, and; 3) that is the designated child's age, as long as she is unmarried. If your I-130 for her was approved on say, November 2009, then her age will be, since you (or your petitioner) is a US citizen (only way she can be classified under priority preference 3), under age 21, permanently. If she acted on her opportunity within 1 year after being eligible, then she is able to qualify as an immediate relative. You must then petition the State Department and Manila Embassy, to set their determination aside and reclassify your child as an immediate relative. If you want to contact me, please do so, by phone or e-mail.
Answer Applies to: California
Replied: 2/17/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Unless the visa was issued before the cut off date, she has to wait until the priority date is current again.
Answer Applies to: California
Replied: 2/16/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
She will still receive her visa if all of the requirements have been met. But the process is merely delayed.
Answer Applies to: Tennessee
Replied: 2/16/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
When immigration is working, they are working. There is no argument is to be made here. Sorry.
Answer Applies to: Florida
Replied: 2/15/2011
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