I-130 shows F2A record shows F2B

[jhenedo 0]

Hi everyone,

background first. I came to US on F1, graduated DEC 2010. Mother(green card) Filed I-130 4 months before 21s birthday,its written f2A. First forward, October 2010 RECEIVED LETTER informing VISA NUMBER AVAILABLE at 26 YRS. So with this information, i did not take OPT and i filled for AOS in april. Went for interview in july and denied because records show im under F2B. So i ask why i received letter telling my number is available.........she says NVC made mistake. Anyway, as you may have guessed this is very depressing for me. Recieved denied letter told to wait for notice to appear. Just need to know what are my chance of relief from removal.

[Jojo92122 1,924]

Hi everyone,

background first. I came to US on F1, graduated DEC 2010. Mother(green card) Filed I-130 4 months before 21s birthday,its written f2A. First forward, October 2010 RECEIVED LETTER informing VISA NUMBER AVAILABLE at 26 YRS. So with this information, i did not take OPT and i filled for AOS in april. Went for interview in july and denied because records show im under F2B. So i ask why i received letter telling my number is available.........she says NVC made mistake. Anyway, as you may have guessed this is very depressing for me. Recieved denied letter told to wait for notice to appear. Just need to know what are my chance of relief from removal.

None. While the NVC did make a mistake, it is the petitioner and beneficiary's responsibility to know if the beneficiary meets the requirements to adjust status. You aged out and your case should now be in the F2b category. Since your PD is not current in the F2b category, the law does not allow you to adjust your status. There is no means for you to appeal this since your PD is not current.

[jhenedo 0]

None. While the NVC did make a mistake, it is the petitioner and beneficiary's responsibility to know if the beneficiary meets the requirements to adjust status. You aged out and your case should now be in the F2b category. Since your PD is not current in the F2b category, the law does not allow you to adjust your status. There is no means for you to appeal this since your PD is not current.

Thank you for the quick reply. Although, Im not trying to appeal, the interviewer said i would have to see an immigration court. Im asking whether i can have a case with the immigration court. I really wish i hadn't received the letter in the first place tho.

[Jojo92122 1,924]

Thank you for the quick reply. Although, Im not trying to appeal, the interviewer said i would have to see an immigration court. Im asking whether i can have a case with the immigration court. I really wish i hadn't received the letter in the first place tho.

You need to talk to an immigration attorney about your options because you will start to accrue days of unlawful presence. Unlawful presence can results in a 3 years or 10 years ban from entering the US. This could be a huge roadblock in getting your green card.

If you end up in formal removal proceedings, you need a lawyer.