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Retrogression...and how will it affect my case?

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As you know, F1 category in the Philippines retrogressed to year 2000 and our PD is OCT2001.

NVC scheduled our interview last May 13 when our PD was still current but I had problems with my medical, specifically, I had to undergo sputum test and still waiting until July 22 for the results and have to reschedule my appointment. I fall under category F12 (Son of F11), a derivative and my mom is the principal applicant for the visa and already had hers cause she was interviewed on the original appointment date.

Given the following facts, how will it (retrogression) affect my case:

--May 13 is the original appointment date but rescheduled due to unexpected results then retrogression comes.

--The principal applicant already had a visa.

--Already paid all the fees, from the start we begin the process (last year).

--The case is already in process (in fact, on its last part, I guess) but then this happens.

--Our PD is not current.

Isn't there something like a reserved slot or anything like that for this specific scenario? Because if there's none, I just hate to say, time, effort and money wasted.

I hope you can help me out because I'm new to these. Thank you everyone.

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How old are you right now?


Check my timeline for K-1 visa & AOS details

Conditional Permanent Resident: 16 September 2014

Conditional GC Expires: 16 September 2016

ROC Journey (CA Service Center)

2016-Sep-14: I-751 form, check, supporting docs sent USPS Priority Express

2016-Sep-15: ROC application received & signed for by Lakelieh

2016-Sep-15: NOA receipt date

2016-Sep-19: $590 check cashed by USCIS

2016-Sep-20: NOA/ 1-year extension letter received in mail

2018-Feb-26: ROC case transferred to local office

2018-Mar-06: ROC approved via USCIS website (WAC status check)

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As you know, F1 category in the Philippines retrogressed to year 2000 and our PD is OCT2001.

NVC scheduled our interview last May 13 when our PD was still current but I had problems with my medical, specifically, I had to undergo sputum test and still waiting until July 22 for the results and have to reschedule my appointment. I fall under category F12 (Son of F11), a derivative and my mom is the principal applicant for the visa and already had hers cause she was interviewed on the original appointment date.

Given the following facts, how will it (retrogression) affect my case:

--May 13 is the original appointment date but rescheduled due to unexpected results then retrogression comes.

--The principal applicant already had a visa.

--Already paid all the fees, from the start we begin the process (last year).

--The case is already in process (in fact, on its last part, I guess) but then this happens.

--Our PD is not current.

Isn't there something like a reserved slot or anything like that for this specific scenario? Because if there's none, I just hate to say, time, effort and money wasted.

I hope you can help me out because I'm new to these. Thank you everyone.

If you are over 21 by the time your PD as derivative beneficiary becomes current, then you have aged out. Your mother will need to file a new petition for you under F2B category but you must remain single until the PD for your F2B becomes current.

Also, as an aside, so your mother was never married? Because the F1 immigrant category is for the unmarried child of a US citizen.


Check my timeline for K-1 visa & AOS details

Conditional Permanent Resident: 16 September 2014

Conditional GC Expires: 16 September 2016

ROC Journey (CA Service Center)

2016-Sep-14: I-751 form, check, supporting docs sent USPS Priority Express

2016-Sep-15: ROC application received & signed for by Lakelieh

2016-Sep-15: NOA receipt date

2016-Sep-19: $590 check cashed by USCIS

2016-Sep-20: NOA/ 1-year extension letter received in mail

2018-Feb-26: ROC case transferred to local office

2018-Mar-06: ROC approved via USCIS website (WAC status check)

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As you know, F1 category in the Philippines retrogressed to year 2000 and our PD is OCT2001.

NVC scheduled our interview last May 13 when our PD was still current but I had problems with my medical, specifically, I had to undergo sputum test and still waiting until July 22 for the results and have to reschedule my appointment. I fall under category F12 (Son of F11), a derivative and my mom is the principal applicant for the visa and already had hers cause she was interviewed on the original appointment date.

Given the following facts, how will it (retrogression) affect my case:

--May 13 is the original appointment date but rescheduled due to unexpected results then retrogression comes.

--The principal applicant already had a visa.

--Already paid all the fees, from the start we begin the process (last year).

--The case is already in process (in fact, on its last part, I guess) but then this happens.

--Our PD is not current.

Isn't there something like a reserved slot or anything like that for this specific scenario? Because if there's none, I just hate to say, time, effort and money wasted.

I hope you can help me out because I'm new to these. Thank you everyone.

Have you tried sending an inquiry email to the IV unit of US Embassy Manila?

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If you are over 21 by the time your PD as derivative beneficiary becomes current, then you have aged out. Your mother will need to file a new petition for you under F2B category but you must remain single until the PD for your F2B becomes current.

Also, as an aside, so your mother was never married? Because the F1 immigrant category is for the unmarried child of a US citizen.

I'm actually over 21 now and turning 22 (hope so xD) this Oct 10. How about cspa?

--bday, October 10, 1993

--pd, October 30, 2001

--approval, Feb 22, 2005

Yup, she's unmarried, F1 category, F11 is written on her visa to be specific.

Have you tried sending an inquiry email to the IV unit of US Embassy Manila?

Um not yet, but I'll try.

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I'm actually over 21 now and turning 22 (hope so xD) this Oct 10. How about cspa?

--bday, October 10, 1993

--pd, October 30, 2001

--approval, Feb 22, 2005

Yup, she's unmarried, F1 category, F11 is written on her visa to be specific.

Um not yet, but I'll try.

So PD of the petition for your mother is October 30, 2001 but the petition was only approved on February 22, 2005?

If that's correct, then it took about 3 years and 4 months for the petition to be approved. Under CSPA, these 3 years and 4 months would be roughly subtracted from your age at the time your PD is current and you have a visa number ready. However, the U.S. Supreme Court ruled in 2014 that only derivative beneficiaries of F2A petitions qualify for CSPA. Since you're a derivative beneficiary of an F1 petition, then you don't qualify for CSPA.

Once your mother is a permanent resident, she can file an F2B petition for you but you have to remain single and wait for your new F2B PD to be current.


Check my timeline for K-1 visa & AOS details

Conditional Permanent Resident: 16 September 2014

Conditional GC Expires: 16 September 2016

ROC Journey (CA Service Center)

2016-Sep-14: I-751 form, check, supporting docs sent USPS Priority Express

2016-Sep-15: ROC application received & signed for by Lakelieh

2016-Sep-15: NOA receipt date

2016-Sep-19: $590 check cashed by USCIS

2016-Sep-20: NOA/ 1-year extension letter received in mail

2018-Feb-26: ROC case transferred to local office

2018-Mar-06: ROC approved via USCIS website (WAC status check)

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How about this?

http://www.visajourney.com/forums/topic/517513-f4-retrogression-and-aged-out-beneficiaries/page-2

Agent_Zero is also a derivative under F4 visa category of his father and is already 23 years old with an interview last Jan 5, 2015 (2014 is written but judging by dates, he meant 2015) and he was approved. He also pointed out that his name's written on the interview letter which means he's still eligible for the visa.

In my case, my name is also written on IL together with my mom as well as the needed documents specifically from me, so I'm assuming, I'm still eligible for the visa, cause if I already aged out, it makes no sense why NVC tells me (in an indirect way like ceac status "ready", my mom and I have same case number but separated by 01-mom and 02-me after the case number) to prepare, have my medical, etc.

Cspa calculators also indicates that I'm still eligible using the cutoff date last May since cutoff date retrogressed this june.

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How about this?

http://www.visajourney.com/forums/topic/517513-f4-retrogression-and-aged-out-beneficiaries/page-2

Agent_Zero is also a derivative under F4 visa category of his father and is already 23 years old with an interview last Jan 5, 2015 (2014 is written but judging by dates, he meant 2015) and he was approved. He also pointed out that his name's written on the interview letter which means he's still eligible for the visa.

In my case, my name is also written on IL together with my mom as well as the needed documents specifically from me, so I'm assuming, I'm still eligible for the visa, cause if I already aged out, it makes no sense why NVC tells me (in an indirect way like ceac status "ready", my mom and I have same case number but separated by 01-mom and 02-me after the case number) to prepare, have my medical, etc.

Cspa calculators also indicates that I'm still eligible using the cutoff date last May since cutoff date retrogressed this june.

You can keep up the hope. You won't know for sure until you have the immigrant visa on your passport.


Check my timeline for K-1 visa & AOS details

Conditional Permanent Resident: 16 September 2014

Conditional GC Expires: 16 September 2016

ROC Journey (CA Service Center)

2016-Sep-14: I-751 form, check, supporting docs sent USPS Priority Express

2016-Sep-15: ROC application received & signed for by Lakelieh

2016-Sep-15: NOA receipt date

2016-Sep-19: $590 check cashed by USCIS

2016-Sep-20: NOA/ 1-year extension letter received in mail

2018-Feb-26: ROC case transferred to local office

2018-Mar-06: ROC approved via USCIS website (WAC status check)

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And btw, do you have an idea if I will be entertained if I rescheduled my interview during this retrogression where my PD is not current considering the conditions I gave?

You can try calling or emailing NVC or USEM.


Check my timeline for K-1 visa & AOS details

Conditional Permanent Resident: 16 September 2014

Conditional GC Expires: 16 September 2016

ROC Journey (CA Service Center)

2016-Sep-14: I-751 form, check, supporting docs sent USPS Priority Express

2016-Sep-15: ROC application received & signed for by Lakelieh

2016-Sep-15: NOA receipt date

2016-Sep-19: $590 check cashed by USCIS

2016-Sep-20: NOA/ 1-year extension letter received in mail

2018-Feb-26: ROC case transferred to local office

2018-Mar-06: ROC approved via USCIS website (WAC status check)

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As you know, F1 category in the Philippines retrogressed to year 2000 and our PD is OCT2001.

NVC scheduled our interview last May 13 when our PD was still current but I had problems with my medical, specifically, I had to undergo sputum test and still waiting until July 22 for the results and have to reschedule my appointment. I fall under category F12 (Son of F11), a derivative and my mom is the principal applicant for the visa and already had hers cause she was interviewed on the original appointment date.

Given the following facts, how will it (retrogression) affect my case:

--May 13 is the original appointment date but rescheduled due to unexpected results then retrogression comes.

--The principal applicant already had a visa.

--Already paid all the fees, from the start we begin the process (last year).

--The case is already in process (in fact, on its last part, I guess) but then this happens.

--Our PD is not current.

Isn't there something like a reserved slot or anything like that for this specific scenario? Because if there's none, I just hate to say, time, effort and money wasted.

I hope you can help me out because I'm new to these. Thank you everyone.

Did the US Embassy give you a new schedule for interview?


Check my timeline for K-1 visa & AOS details

Conditional Permanent Resident: 16 September 2014

Conditional GC Expires: 16 September 2016

ROC Journey (CA Service Center)

2016-Sep-14: I-751 form, check, supporting docs sent USPS Priority Express

2016-Sep-15: ROC application received & signed for by Lakelieh

2016-Sep-15: NOA receipt date

2016-Sep-19: $590 check cashed by USCIS

2016-Sep-20: NOA/ 1-year extension letter received in mail

2018-Feb-26: ROC case transferred to local office

2018-Mar-06: ROC approved via USCIS website (WAC status check)

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They don't issue visas if PD is not current.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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Hi,

Lots of misinformation here.

CSPA has you covered. As long as you "sought to acquire" a benefit (by filing the DS-260) before retrogression, you have locked your age in under CSPA. Your CSPA age is under 21 and that will not change. Once the PD is current again, you will be eligible for a visa as a derivative beneficiary.

You have nothing to worry about.

Google "CSPA sought to acquire retrogression." This was a popular search when retrogression hit the F2a category in 2013.

Best of luck.

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So PD of the petition for your mother is October 30, 2001 but the petition was only approved on February 22, 2005?

If that's correct, then it took about 3 years and 4 months for the petition to be approved. Under CSPA, these 3 years and 4 months would be roughly subtracted from your age at the time your PD is current and you have a visa number ready. However, the U.S. Supreme Court ruled in 2014 that only derivative beneficiaries of F2A petitions qualify for CSPA. Since you're a derivative beneficiary of an F1 petition, then you don't qualify for CSPA.

Once your mother is a permanent resident, she can file an F2B petition for you but you have to remain single and wait for your new F2B PD to be current.

CSPA applies to all immigration cases.

SCOTUS did not say that CSPA only applies to F2a. They said retention of the parent's PD under CSPA only applies to derivative beneficiaries in the F2a category.

CSPA certainly applies to the OP. He is protected.

Please Google "CSPA sought to acquire retrogression."

Edited by aaron2020

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