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F2A or E2? Preference Category

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Filed: EB-2 Visa Country: Mexico
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Hi,

 

My husband received a notification from NVC that he is now on queue for interview. In the bottom of the letter, they mentioned "Preference Category: E2" and the PD of my case. I immigrated with an EB-2 visa and submit an I-824 for him.   

 

I thought his preference category was F2A, so I'll assume he "inherited" my visa category. Now I'm wondering if that will affect his waiting time for interview.

 

Do they pile the people based on their preference category or it is just first come first served?  

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If he was follow to join on your EB2 case, as indicated by the i824, then he is an E derivative and the classification is correct. If you had filed a new i130 for him with you as petitioner for a visa for spouse of LPR, then he would have been F2A.

 

The visa bulletin gives different priority dates for different categories, but if he is a derivative on an already approved case this is not relevant to him anymore, it is the processing time of the i824 and waiting time for an interview at his embassy that is now relevant. Be aware that almost no embassies are doing immigrant visa interviews other than IR/CR1 and 2 at the moment.

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Filed: EB-2 Visa Country: Mexico
Timeline
9 minutes ago, SusieQQQ said:

If he was follow to join on your EB2 case, as indicated by the i824, then he is an E derivative and the classification is correct. If you had filed a new i130 for him with you as petitioner for a visa for spouse of LPR, then he would have been F2A.

 

The visa bulletin gives different priority dates for different categories, but if he is a derivative on an already approved case this is not relevant to him anymore, it is the processing time of the i824 and waiting time for an interview at his embassy that is now relevant. Be aware that almost no embassies are doing immigrant visa interviews other than IR/CR1 and 2 at the moment.

Thanks for the reply. Now I understand. He is a "follow to join" on my case so he is a E derivative. 

 

I'm aware of the current situation with the US embassies worldwide. However, let's assume that embassies are operating "normal" and no immigration bans are on place. Will he be placed in the same queue as the other immigrant visas or each category has their own queue?

 

I'm asking this because based on my "research" there is a long queue at his consulate but most of them are IR1/CR1-2/F2A. Just want to prepare mentally for the long wait.   

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36 minutes ago, Jossie Red said:

Thanks for the reply. Now I understand. He is a "follow to join" on my case so he is a E derivative. 

 

I'm aware of the current situation with the US embassies worldwide. However, let's assume that embassies are operating "normal" and no immigration bans are on place. Will he be placed in the same queue as the other immigrant visas or each category has their own queue?

 

I'm asking this because based on my "research" there is a long queue at his consulate but most of them are IR1/CR1-2/F2A. Just want to prepare mentally for the long wait.   

No F2As are being interviewed at present unless they fall under a national interest exemption. The Covid shutdowns have severely restricted capacity and F2A and actually I think all EB visas other than EB5 also fall under the current ban on visa issuance anyway. In normal times, the priority in my understanding happens at NVC stage then they are scheduled as they get to the embassy, but I stand to be corrected on that.  If he has only just been placed in line for interview it could be many, many months before he gets a visa even after the bans are lifted and general interviews restart, the backlogs that have built up from both the Covid shutdowns and the bans have been huge. 
 

 

Edited by SusieQQQ
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Filed: EB-2 Visa Country: Mexico
Timeline
4 minutes ago, SusieQQQ said:

No F2As are being interviewed at present unless they fall under a national interest exemption. The Covid shutdowns have severely restricted capacity and F2A and actually I think all EB visas other than EB5 also fall under the current ban on visa issuance anyway. In normal times, the priority in my understanding happens at NVC stage then they are scheduled as they get to the embassy, but I stand to be corrected on that.  If he has only just been placed in line for interview it could be many, many months before he gets a visa even after the bans are lifted and general interviews restart, the backlogs that have built up from both the Covid shutdowns and the bans have been huge. 
 

 

Thanks for the reply.

 

You are right, only few F2As have been interviewed at Ciudad Juarez (as per feedback on FB Groups). And the ban applies for all EB categories except EB5. So if a follow the logic, right now at Juarez they are assigning interviews for people not affected by the ban and whom got cancelled appointments on March-April 2020 and most of them were CC/DQ one year before. So it is 20-24 months waiting. If I get anything earlier, I'll be lucky!!! 

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