F2A Final Action date is current : Miracle or Dream

[zaback21 28]

8 minutes ago, hellomona said:

Hi zaback21 

 

The Visa Bulletin is now showing that AOS applicants can only use the Dates for Filing chart. We have contacted our lawyer and was informed what we do need to use the Dates for Filing chart. And this means we didn't make it.

I was so excited until this whole Dates for Filing thing came to play. 

 

 

There was another thread on the first page where one user mentions according to USCIS policy, when PD is current, Filling Dates doesn't matter. Perhaps change your lawyer or asks on other forum and confirm. 

Quote

 

On May 17, 2019, the U.S. State Department announced that the family 2A category (spouses and unmarried children of lawful permanent residents) will become current for the first time in many years.

The State Department’s Charlie Oppenheim who is responsible for the monthly Visa Bulletin announced this momentous development at the Immigration Conference of the Federal Bar Association in Austin, Texas.

Currently, the family 2A category is backlogged approximately 2 years. Spouses and Children in the U.S. will be able to file Form I-485 ( applications for adjustment of status) starting July 1, 2019.

 

https://immigrationlawdc.com/uncategorized/visa-family-category-f2a-becoming-current

[zaback21 28]

1 hour ago, hellomona said:

Hi zaback21 

 

The Visa Bulletin is now showing that AOS applicants can only use the Dates for Filing chart. We have contacted our lawyer and was informed what we do need to use the Dates for Filing chart. And this means we didn't make it.

I was so excited until this whole Dates for Filing thing came to play. 

 

 

Here's more information:

 

https://www.uscis.gov/greencard/concurrent-filing-form-i-485

Quote

 

Who can file concurrently?

Concurrent filing is allowed in the following instances:

Immediate relatives of U.S. citizens living in the United States

Most employment based applicants and their eligible family members when a visa number is immediately available

Special immigrant juveniles if an EB-4 visa number is immediately available and USCIS has jurisdiction over the application to adjust status.

Self petitioning battered spouse or child if

The abusive spouse or parent is a U.S. citizen, or

If an immigrant visa number is immediately available

Certain Armed Forces Members applying for a special immigrant visa under Section101(a)(27)(K) of the Immigration and Nationality Act (INA)Special Immigrant International Organization Employee or family member

 

Also mentioned in another thread from i-485 instructions: 

 

Quote

Other relative of a U.S. citizen or relative of a lawful permanent resident under the family-based
preference categories (Form I-130)
Family-based preference categories include: unmarried sons and daughters (21 years of age and older) of U.S. citizens;
spouses, unmarried children (under 21 years of age) and unmarried sons and daughters (21 years of age and older) of
lawful permanent residents; married sons and daughters of U.S. citizens; and brothers and sisters of U.S. citizens (if the
U.S. citizen is 21 years of age or older).
If a visa is immediately available, applicants fling under a family-based preference immigrant category do not have to
wait until Form I-130 is approved to file Form I-485. If a visa is immediately available, you may file your Form I-485
together with your Form I-130, while Form I-130 is pending, or after your Form I-130 is approved. Otherwise, you may
file your Form I-485 only after your Form I-130 is approved and a visa is immediately available. See the When Should I
File Form I-485 section for more information.

Hope that helps. Also perhaps get another lawyer who knows.

 

Page 20

i-485instr.pdf

Edited June 15, 2019 by zaback21

[hellomona 0]

Zaback21,

wow thank you so so much. let me look into it. and ill definitely be sure to have a discussion with our current lawyer about all this. thanks for all the info!!

 

 

[Dallas2019 14]

So I’m F2A category filing for spouse abroad. My i130 hasn’t approved yet. What are my chances of speeding up i130 approval if visa bulletin is current next month also do I need to wait for i130 approval before consular processing abroad even if the visa becomes current for July? Please share what you know thank you 🙏🏼

[arken 4,197]

12 hours ago, Dallas2019 said:

So I’m F2A category filing for spouse abroad. My i130 hasn’t approved yet. What are my chances of speeding up i130 approval if visa bulletin is current next month also do I need to wait for i130 approval before consular processing abroad even if the visa becomes current for July? Please share what you know thank you 🙏🏼

You can’t do anything until i130 is approved and it’s processing isn’t affected by PD being current, so just have to wait and watch F2A PD dates go back to 1.5-2 years in October.

Edited June 17, 2019 by arken

[arken 4,197]

 

 

On 6/14/2019 at 8:06 PM, hellomona said:

Hi zaback21 

 

The Visa Bulletin is now showing that AOS applicants can only use the Dates for Filing chart. We have contacted our lawyer and was informed what we do need to use the Dates for Filing chart. And this means we didn't make it.

I was so excited until this whole Dates for Filing thing came to play. 

 

 

 

 

On 6/14/2019 at 9:25 PM, hellomona said:

Zaback21,

wow thank you so so much. let me look into it. and ill definitely be sure to have a discussion with our current lawyer about all this. thanks for all the info!!

 

 

 

Your understanding is correct, for AOS, you have to go by the uscis visa bulletin link that specifies which table to use.

 

 

Edited June 17, 2019 by arken

[Dallas2019 14]

So if the PD is current aren’t all the pending backlogs cleared so how would the PD back dated 2 years again on October? 

[zaback21 28]

6 hours ago, Dallas2019 said:

So if the PD is current aren’t all the pending backlogs cleared so how would the PD back dated 2 years again on October? 

They are just trying to fill up the quota before new year starts on October. Once quota is filled, they will have an idea where people stands and hence it could go back to 3 months, 6 months or 1-2 years. If quota is not filled, it means less application than number of places available and hence those quota will be passed down to F4 and other family preference categories and F2A will remain current. 

[Dallas2019 14]

2 hours ago, zaback21 said:

They are just trying to fill up the quota before new year starts on October. Once quota is filled, they will have an idea where people stands and hence it could go back to 3 months, 6 months or 1-2 years. If quota is not filled, it means less application than number of places available and hence those quota will be passed down to F4 and other family preference categories and F2A will remain current. 

Thank you 🙏🏼 makes sense! 😊

[vincentlina 74]

I have a question that I hope someone can help bring some clarity in assisting me navigate my case. 

My PD is Nov 15, 2017 and my I-130 is an F2A and my case is still pending. Also my wife and children all have B1/B2 visa, so they have visited me several times since I've been in the US.

What I would like to know is ... now that F2A is current and the “Dates for Filing Applications” is March 08, 2019, can I have my wife (and daughters) come to the US on their B1/B2 and file an adjustment of status (I-485)?

Or do I still have to wait for my I-130 to be approved first before I can file an adjustment of status application?

 

As a side note: under the "Eligibility for Adjustment of Status" (https://www.uscis.gov/greencard/family-preference), it says:

You are eligible to receive an immigrant visa if you are the beneficiary of:

-An approved Form I-130 filed on your behalf;

A pending Form I-130 (that is ultimately approved); or

A Form I-130 (that is ultimately approved) filed together with your Form I-485.

I 

[zaback21 28]

1 hour ago, vincentlina said:

I have a question that I hope someone can help bring some clarity in assisting me navigate my case. 

My PD is Nov 15, 2017 and my I-130 is an F2A and my case is still pending. Also my wife and children all have B1/B2 visa, so they have visited me several times since I've been in the US.

What I would like to know is ... now that F2A is current and the “Dates for Filing Applications” is March 08, 2019, can I have my wife (and daughters) come to the US on their B1/B2 and file an adjustment of status (I-485)?

Or do I still have to wait for my I-130 to be approved first before I can file an adjustment of status application?

 

As a side note: under the "Eligibility for Adjustment of Status" (https://www.uscis.gov/greencard/family-preference), it says:

You are eligible to receive an immigrant visa if you are the beneficiary of:

-An approved Form I-130 filed on your behalf;

A pending Form I-130 (that is ultimately approved); or

A Form I-130 (that is ultimately approved) filed together with your Form I-485.

I 

 

Hi vincentlina,

 

I won't be able to advice on that. The better answer could be provided by other forum members or best option is always from a qualified immigration lawyer.

[arken 4,197]

8 hours ago, vincentlina said:

I have a question that I hope someone can help bring some clarity in assisting me navigate my case. 

My PD is Nov 15, 2017 and my I-130 is an F2A and my case is still pending. Also my wife and children all have B1/B2 visa, so they have visited me several times since I've been in the US.

What I would like to know is ... now that F2A is current and the “Dates for Filing Applications” is March 08, 2019, can I have my wife (and daughters) come to the US on their B1/B2 and file an adjustment of status (I-485)?

Or do I still have to wait for my I-130 to be approved first before I can file an adjustment of status application?

 

As a side note: under the "Eligibility for Adjustment of Status" (https://www.uscis.gov/greencard/family-preference), it says:

You are eligible to receive an immigrant visa if you are the beneficiary of:

-An approved Form I-130 filed on your behalf;

A pending Form I-130 (that is ultimately approved); or

A Form I-130 (that is ultimately approved) filed together with your Form I-485.

I 

While i485 can be filed based on the filing date table if the beneficiaries are in the US, entering US in non immigrant visa with the intent of adjusting status is illegal.

[geowrian 22,335]

8 hours ago, vincentlina said:

What I would like to know is ... now that F2A is current and the “Dates for Filing Applications” is March 08, 2019, can I have my wife (and daughters) come to the US on their B1/B2 and file an adjustment of status (I-485)?

As noted above, you cannot use a B visa as a means to immigrate. A requirement of a B visa is intent to return home. People have been be denied entry and issued an expedited deportation at POE for attempting this.

[vincentlina 74]

1 hour ago, geowrian said:

As noted above, you cannot use a B visa as a means to immigrate. A requirement of a B visa is intent to return home. People have been be denied entry and issued an expedited deportation at POE for attempting this.

Thanks for the response/update.

[vincentlina 74]

2 hours ago, arken said:

While i485 can be filed based on the filing date table if the beneficiaries are in the US, entering US in non immigrant visa with the intent of adjusting status is illegal.

Thank you for the update/response.