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Interview coming up in 3 weeks. I already turned 21. How much decision power does the consular officer have?

Hi everyone!

My interview is approaching and I'm waiting for a miracle.

My dad is a US resident and started a case for my mom and me in 2018. At the time of filling I was 20, but now I am 24.

We have our interview coming up in some weeks, and I was checking that the CSPA (Child Status Protection Act) freezes your age for the time your I-130 was being processed. However, the math ends up with me being 22-23 anyways sooo, not eligible.

We have been paying for all the corresponding forms, the medical exams, vaccines, and all requirements that the USCIS has. I am included in my mom's case number as a child, but I am no longer under 21.

We started another case back then in 2015 (where my dad became a resident in 2018), with my siblings as sponsors/petitioners. My mom and me were included in that case but we both got denied, as she is her step-mother, and I am a half-brother. Only my dad got lucky.

That being said, I was wondering if the consular officer has any decision power on granting me an immigrant Visa. We already know that I don't qualify for the CSPA, and therefore don't fit the requirements.

Soo, my question is: Can the consular officer make a miracle? Can he decide that I get my immigrant Visa regardless of my current adult status?

My four siblings live in the US and my parents will be emigrating so it would really suck if I get denied and have to stay in my home country by myself. I have no one else here.

tl;dr: Applied as a child. No longer a child. Interview coming up. Is it possible I still get a Visa?

submitted by /u/nikovagu
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