Jump to content
Manjitsingh07

NVC made my F2A visa case stuck by mistakenly converting me from F2A to F2B

23 posts in this topic

Recommended Posts

Hi Guys,I would like to Get your suggestions on what will happen potentially in the F2A case of mine that is currently at NVC and the Priority date has also been current. Firstly, I will let you know that everything from submitting documents to paying the IV fees is done in August of 2018.I was just waiting for the priority date to be current and to be scheduled for an interview, But when the NVC Didn’t give me a notification on my case when the priority date went current,then my attorney emailed them stating in the email that the priority date of the case became current and when I would be scheduled for an interview                                          Some days passed and NVC responded to his email saying “my priority date is not current”.From that email,  in which was like some details of my case given by NVC, my attorney realised that NVC has put me into F2B from F2A category that is incorrect totally ,my attorney said and he has emailed them again informing them of their mistake to correct and switch me back for F2A.                                             I want to ask from you Guys like what is the case and will NVC just change my category back to F2A or it will end up being in the same forever     Please let me know with your comments I will highly appreciate .I’m going to give below  the details of my case.                                                                       PRIORITY DATE:26 Dec 2016                                   USCIS APPROVED THE CASE DATE :17th June 2018                                                                             Category:F2A or petitioned by my biological mother who is a green card holder                            Birth date :07/07/1997                                                  Thanks,

Share this post


Link to post
Share on other sites
Posted (edited)

Your PD is not current yet: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-march-2019.html

India (F2A) Final Action Date: January 08, 2017.

Your PD is December 26th, 2016.

 

Once your PD is current, you can request to be switched back to F2A due to CSPA.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites

Geowrian,I am confused like how it is not yet current since mine is 26 dec 2016 as well as what the current is jan 08,2017 It goes beyond my priority date.                                                        Thanks,

Share this post


Link to post
Share on other sites
Posted (edited)
7 minutes ago, Manjitsingh07 said:

Geowrian,I am confused like how it is not yet current since mine is 26 dec 2016 as well as what the current is jan 08,2017 It goes beyond my priority date.                                                        Thanks,

Wow, you’re right. =___= It is current. I misread the year.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
13 minutes ago, Manjitsingh07 said:

Yes, may be you are right.There is  a CSPA though that could  protect a child from being aged out.Couldn’t it ?🤫

Yes it can. But sometimes you need to request that NVC apply the calculation to resolve it.

Good luck.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
Posted (edited)
20 minutes ago, Manjitsingh07 said:

Geowrian,do you think it applies to mine?

I didn’t run the calculator to confirm anything. Basically, subtract the time from PD to I-130 approval from your biological age (at the time when the PD first became current). If that is under 21 years then it should cover you.

 

A quick eyeball is it took about 1.5 years for USCIS approval and you are 22. So that should put you as being under 21 for CSPA.

Edit: Let me know if I misread any dates again!

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites

Thanks for estimating the coverage of CSPA for me.Dude,Once more,Would you please tell me like how to contact NVC. Do you have their correct email address?                                             Thanks,

Share this post


Link to post
Share on other sites

Dear Sir/Madam:

Due to the numerical limit on immigrant visas prescribed by law, this petition is not eligible for further processing at this time. Derivative applicants cannot be uploaded until an immigrant visa becomes available.

The NVC will keep this petition until an immigrant visa becomes available. The petitioner, principal applicant, or attorney of record will be notified when this petition is eligible for further processing. The principal applicant should not make any firm plans such as disposing of property, giving up jobs, or making travel arrangements at this time. For additional information, review the explanation of numerical limitations on immigrant visa issuance below.

EXPLANATION OF NUMERICAL LIMITATIONS ON IMMIGRANT VISA ISSUANCE:
Immigrant visa processing is governed by the Immigration and Nationality Act (INA) of 1952, as amended, which controls priority dates and the number of immigrant visas that can be issued under certain preference categories. To establish which petitions are eligible for visas, the Department of State issues a monthly publication called the Visa Bulletin.

The Visa Bulletin provides a list of cut-off dates that are used to ensure the number of immigrant visas issued each year does not exceed the legal limit established in the INA. Cut-off dates are categorized by foreign state of chargeability and preference category. Only a petition with a priority date that is earlier than the cut-off date is eligible for a visa and consular processing. Please note this petition's priority date, foreign state of chargeability, and preference category can be found at the end of this correspondence.

The NVC may begin processing this petition prior to a visa number becoming available per the current edition of the Visa Bulletin. This allows ample time for the petitioner and applicant(s) to obtain and submit all required fees, forms, and documents. This petition, however, will not be eligible for an immigrant visa interview until its priority date is earlier than the cut-off date established in the current edition of the Visa Bulletin.

To determine the cut-off date and which priority dates are current and ready for consular processing please review the current edition of the Visa Bulletin by visiting the following website:

https://usvisas.state.gov/visabulletin

To be placed on an email subscription list to receive the monthly Visa Bulletin please send an email to listserv@calist.state.gov , with the following statement:

Subscribe Visa-Bulletin First name/Last name
(example: Subscribe Visa-Bulletin John Doe)

You may also call our pre-recorded cut-off date announcement at (202) 485-7699.

Additional questions regarding Visa Bulletin related items may be submitted to the following email address: visabulletin@state.gov






Trace

National Visa Center
Written Inquiry Unit
PAE, Support Contractor


IMPORTANT:

If your visa petition is currently processing at the National Visa Center, do not let more than one year pass without contacting NVC. If a period of one year passes from the last date of contact (by telephone, mail, or e-mail) with NVC, all submitted fees and documents expire. If this occurs, the fees must be paid again and documents must be resubmitted in order to continue the immigration process.

This email is Sensitive but Unclassified based on the definitions provided in 12 FAM 540.
Any information in this transmission pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential under Section 222(f) of the Immigration and Nationality Act (INA) [8 US C. Section 1202]. Access to and use of such information must be solely for the formulation, amendment, administration, or enforcement of the immigration, nationality, and other laws of the United States under INA 222(f) and as specified in FAM guidance. If you have received such information in error, do not review, retransmit, disclose, disseminate, use, or take any action in reliance upon this information, and contact the sender as soon as possible.
 CAN PLEASE ANYBODY TELL ME WHAT IS NVC SAY AND WHY AREY THEY SAYING?MY priority is current but they said’it is not current.

Share this post


Link to post
Share on other sites

You are asking the same question you asked in the first post.

 

Did you/your attorney talk to the NVC about if they used  CSPA age as others suggested?


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Share this post


Link to post
Share on other sites

You got a form letter explaining visa are limited in family based categories and you have to wait because your PD is not current.

 

Your lawyer is taking care of this.  You need to be patient and keep in contact with your lawyer to make sure that you are moved back into the F2a category.  

 

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×