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

[Manjitsingh07 0]

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,

[geowrian 22,335]

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 March 20, 2019 by geowrian

[Manjitsingh07 0]

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,

[geowrian 22,335]

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 March 20, 2019 by geowrian

[nastra30 1,967]

Based on F2A your priority date is current. 

I think they probably converted your case from F2A to F2B because you may have aged out of F2A. I'm speculating though.

[Manjitsingh07 0]

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

Edited March 20, 2019 by Manjitsingh07

[geowrian 22,335]

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.

[Manjitsingh07 0]

Geowrian,do you think it applies to mine?

[geowrian 22,335]

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 March 20, 2019 by geowrian

[Manjitsingh07 0]

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,

[Manjitsingh07 0]

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






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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.

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 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.

[arken 4,197]

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?

[Manjitsingh07 0]

Yes, my attorney emailed to NVC to change my category back to F2A.He said NVC made a mistake By putting me into F2B and he also said in the email  to fix the error they made.

[nastra30 1,967]

Have you/your attorney specifically asked NVC to apply the CSPA formula? You have to be explicit about it. Your attorney should be on top of this with the money they charge these days.

[aaron2020 11,651]

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.