Philippines F3- not a minor anymore, and other queries

[A C 0]

Hi there,

Our priority date is Nov 2002.

My grandmother applied for our family. At the time of application, me and my 2 siblings were all minors. But by the time the predicted final action date passes(mid 2023), only the youngest sibling would be a minor.

 

So my first question is, will me and my sister still be included when the petition goes through? Or would it only apply to my mother, father and brother(who will be 18 by 2023)?

 

Second question is, will being an New Zealand citizen change things? We have since moved from the Philippines and obtained our NZ citizenship in 2014. I really don't know how it works, but if we update our status (to maybe help our petition move faster), would our priority date remain the same? Or will it change?

 

The third question is a bit silly. So by the time 2023 rolls around, I would have graduated from uni and would have some work experience as a nurse. I was thinking, should I try passing the NCLEX and applying for a USA work visa on 2021? Or would that cancel out my F3 visa application?

 

My fourth question is, what happens when we reach our final action date? Do we submit some more additional documents and go through an interview at a US embassy in NZ? How long is the process and is there a chance that we would get denied? 

 

Thank you so much for your time. I've briefly tried to read information about the process but I still haven't the faintest idea exactly how it works.

 

If you have any suggestions where I could find guides, Youtube videos, or other forums that I could check out, that would be highly appreciated.

[SusieQQQ 11,587]

First things first, in immigration law you need to be unmarried under 21 (not 18) to qualify as a child derivative. 
second there is some protection from something called CSPA in case you turn 21 while the petition is pending, to calculate this you need to know the approval date for the petition as well as the date it was submitted. Ask your Gran what the date on the i797 approval notice is.

If you can get an immigrant visa (not just a normal work visa which is non immigrant) via doing nclex and that is faster than your F3, certainly do so. There are agencies that do this,  google EB3 nurse immigrant visa.

 

I’m not sure if you can change to New Zealand for these purposes but if you can it would certainly go faster, hopefully someone can comment on that.

[Boiler 45,952]

No change, not based on passport used.

[A C 0]

10 hours ago, SusieQQQ said:

First things first, in immigration law you need to be unmarried under 21 (not 18) to qualify as a child derivative. 
second there is some protection from something called CSPA in case you turn 21 while the petition is pending, to calculate this you need to know the approval date for the petition as well as the date it was submitted. Ask your Gran what the date on the i797 approval notice is.

If you can get an immigrant visa (not just a normal work visa which is non immigrant) via doing nclex and that is faster than your F3, certainly do so. There are agencies that do this,  google EB3 nurse immigrant visa.

 

I’m not sure if you can change to New Zealand for these purposes but if you can it would certainly go faster, hopefully someone can comment on that.

I'm still waiting on my nana to reply. But I'm trying to decipher one of the forms I found. Is it any of the dates I highlighted in purple?

[SusieQQQ 11,587]

28 minutes ago, A C said:

I'm still waiting on my nana to reply. But I'm trying to decipher one of the forms I found. Is it any of the dates I highlighted in purple?

Not sure why you felt the need to black out the full dates (as exact dates are needed for the calculation) but yes this is the approval notice, issued in 2009. Depending on the exact priority date and this notice date, there is approximately 7 years of protection under CSPA. To calculate exact CSPA ages we would need full birth dates, full priority date, full approval date.  In very simple and approximate terms though, any of the kids who is still under about 28 (and still unmarried) when a visa becomes available will qualify for a derivative visa.

[A C 0]

1 hour ago, SusieQQQ said:

Not sure why you felt the need to black out the full dates (as exact dates are needed for the calculation) but yes this is the approval notice, issued in 2009. Depending on the exact priority date and this notice date, there is approximately 7 years of protection under CSPA. To calculate exact CSPA ages we would need full birth dates, full priority date, full approval date.  In very simple and approximate terms though, any of the kids who is still under about 28 (and still unmarried) when a visa becomes available will qualify for a derivative visa.

Hi, sorry yeah I guess I was paranoid about uploading them. But here are the dates.

 

Priority date: Nov 21, 2002

Notice date: Mar 5, 2009

 

Sister bday: Nov 18, 1998

My bday: Oct 11, 1992

 

So if our priority date does get current in 2023, the sister and brother will be fine. But I won't. Agh. That's a very, very hard pill to swallow 😢🤧.

 

So the only chance I have now is applying for an EB-3 or even a H-1B if ever. *sigh* I'll try to get over it.

 

Thanks heaps for your help!

[SusieQQQ 11,587]

You’re about to age out in less than a month, unfortunately, so yes you need an alternative. I would strongly suggest you investigate the nursing /EB3 route, I know someone who did this, it took her about a year to get through the exams and prep process. It seems most of the companies that do this contract you for 2 or 3 years (at rates marginally below market rate to compensate them for sponsoring you through the process) after which you are free to work wherever you want. This is far superior to H1B which is a lottery visa with no guaranteed green card path and limited time in the US if you can’t get an employer sponsored green card; by contrast the EB3 is an immigrant visa so you get a green card as soon as you enter.

[Boiler 45,952]

OP does not seem qualified for a H1b

[A C 0]

On 1/7/2020 at 5:07 PM, SusieQQQ said:

You’re about to age out in less than a month, unfortunately, so yes you need an alternative. I would strongly suggest you investigate the nursing /EB3 route, I know someone who did this, it took her about a year to get through the exams and prep process. It seems most of the companies that do this contract you for 2 or 3 years (at rates marginally below market rate to compensate them for sponsoring you through the process) after which you are free to work wherever you want. This is far superior to H1B which is a lottery visa with no guaranteed green card path and limited time in the US if you can’t get an employer sponsored green card; by contrast the EB3 is an immigrant visa so you get a green card as soon as you enter.

Thank you for your help. Yep I'll aim to do the EB3 route. Fingers crossed

[A C 0]

On 1/7/2020 at 3:58 AM, Boiler said:

No change, not based on passport used.

I see. Okay. Thank you

On 1/7/2020 at 5:12 PM, Boiler said:

OP does not seem qualified for a H1b

Sorry I'm trying to understand each visa type still. Why would I not be qualified for the H1b?

[SusieQQQ 11,587]

35 minutes ago, A C said:

I see. Okay. Thank you

Sorry I'm trying to understand each visa type still. Why would I not be qualified for the H1b?

Do you have a degree and a job offer from a company prepared to sponsor you?