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Holdanna

Need to delay NVC processing at this stage-One year contact rule

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Hello- and thanks for taking my question. Here is the situation. My approved I-130 is currently at NVC stage. Here is the timeline:

PD-Feb 6, 2018.
Visa number available July 2019 (F2A became current per visa bulletin). <------I AM STILL NOT SURE IF JULY 2019 IS CORRECT GIVEN MY PD. NOT SURE HOW TO READ VISA BULLETIN
I-130 approved Aug 16 2019.
NVC sent me email OCT 2019 with generic: you have 1 year to respond/contact or we will terminate the processing of your visa.

SO normally, the NVC sends this email soon after after a visa number becomes available. In my case, a visa number was available last July (I think???). I need to prolong the processing of this visa as long as possible. I need for someone to tell me the law: Is the contact 1 year from visa availability (July 2019) to submit the ds-260 visa application or 1 year from the time my I-130 was approved by USCIS (Aug 2019) or 1 year from when nvc sends me a notice of visa availability which was October 2019.

Even a few months of delay will help as he will finish his college in May of 2021. It's 3 months from document submission to interview in Montreal, then he has 6 months to activate his visa, cross a POE. My timeline is tight which is why I am looking for legal ways to delay at this stage. Thanks.

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1 hour ago, Holdanna said:

I am an LPR Petitioner parent . I ask that particular question because I read the law on FAM (SP) and it says from the time a visa becomes available. SO I'm confused...

How old is your son?  When's his birthday?

 

Your plan may have a huge flaw in it.  In order for your son to benefit from CSPA, he must file for a visa within one year of his PD becoming current.  

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Fortunately, you don't have to worry about him aging out.

 

You're in control and can easily slow this process down.  If you want to play it safe, then do the following.  1) Pay the DS-260 and I-864 fees in June 2020.  2) File the DS-260 and I-864 in October 2020 - Feb. 2021.  3) Interview for a visa in Jan 2021 - May 2021.  4) Immigrate after graduation in May 2021.  

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That was what I was thinking. My only concern with this timeline-maybe I'm paranoid. Trump takes the house and senate in Nov 2020. In January 2021 there is a new congress and they lower the age for F2A from 21 to 18. This is very possible as I read previous legislation where they proposed to reduce the age. I am certain pending processes would go through but one never knows. That's just an added piece to that I need to consider.

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1 hour ago, Holdanna said:

That was what I was thinking. My only concern with this timeline-maybe I'm paranoid. Trump takes the house and senate in Nov 2020. In January 2021 there is a new congress and they lower the age for F2A from 21 to 18. This is very possible as I read previous legislation where they proposed to reduce the age. I am certain pending processes would go through but one never knows. That's just an added piece to that I need to consider.

Your fear is unfounded.  Immigration reform can not happen without the Democrats.  Trump can screw with the current system, but he can not change it that fundamentally.  

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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