MOVED FROM F24 to F11 EVEN AFTER OPTING OUT

[Gemini000 1]

Hi, 

Newbie here who needs some advice. My petitioner was LPR then became a citizen. After submitting docs to NVC sent a message opting out of automatic visa class change due to the new circumstance. My case has been in review this week, so NVC sent a message to say that they will retain my application under F24 since it wouldn’t be beneficial for me to change. A day later and now my application has moved from being processed and is showing the message ‘due to numerical limitations case cannot be processed’ and the visa class has changed to F11. Feeling very frustrated as I was waiting for DQ and contacting NVC takes months even though I’ve made a public inquiry already.… I cannot even see any documents we submitted just my name, paid and completed. Is this a glitch, does anyone have the same experience, what next for me?

[Dashinka 23,373]

I thought the move from F2 to F1 was automatic.  I have never heard that the petitioner has the option to stop that move.  Regardless, it appears the limit for F2 has been reached.

 

Good Luck!

[Mundo254 47]

1 hour ago, Gemini000 said:

Hi, 

Newbie here who needs some advice. My petitioner was LPR then became a citizen. After submitting docs to NVC sent a message opting out of automatic visa class change due to the new circumstance. My case has been in review this week, so NVC sent a message to say that they will retain my application under F24 since it wouldn’t be beneficial for me to change. A day later and now my application has moved from being processed and is showing the message ‘due to numerical limitations case cannot be processed’ and the visa class has changed to F11. Feeling very frustrated as I was waiting for DQ and contacting NVC takes months even though I’ve made a public inquiry already.… I cannot even see any documents we submitted just my name, paid and completed. Is this a glitch, does anyone have the same experience, what next for me?

Probably a glitch but would wait (atleast a month) while and see if anything changes on CEAC. Maybe wait till you are DQd and request again. Retained mine with no issues months later after DQ. Message from NVC acknowledging your request is a good sign though so maybe it takes time to update in all their systems.

[Mundo254 47]

1 hour ago, Dashinka said:

I thought the move from F2 to F1 was automatic.  I have never heard that the petitioner has the option to stop that move.  Regardless, it appears the limit for F2 has been reached.

 

Good Luck!

Yes, one can opt out of the automatic visa class conversion. And its the principal aplicant who opts out, not the petitioner.

[Dashinka 23,373]

10 minutes ago, Mundo254 said:

Yes, one can opt out of the automatic visa class conversion. And its the principal aplicant who opts out, not the petitioner.

So how can a beneficiary opt out of a visa they are no longer entitled to?  I am not disagreeing with you here, just trying to learn a little more as we often hear stories of LPRs naturalizing and their I130 petitions moving from one category to another.

[SteveInBostonI130 3,328]

I believe the only automatic change is to an IR category, that is, from F2A to IR1/IR2.

 

For family preference I have seen the NVC give the applicant the choice to keep their original category.

 

 

[Gemini000 1]

22 minutes ago, Mundo254 said:

Probably a glitch but would wait (atleast a month) while and see if anything changes on CEAC. Maybe wait till you are DQd and request again. Retained mine with no issues months later after DQ. Message from NVC acknowledging your request is a good sign though so maybe it takes time to update in all their systems.

Thanks, I’m really hoping it’s a glitch coz according to the visa bulletin I’m ahead in the F2B category while F1 is still behind and that’s why the message on numerical restrictions. Meaning if I’m not moved soon it’ll be a while until that DQ. I think USCIS has to approve retaining the visa category after nvc shows my request 

[Chancy 6,233]

9 minutes ago, Dashinka said:

So how can a beneficiary opt out of a visa they are no longer entitled to?

 

It's an option available to beneficiaries in certain family-preference categories.  More info from https://fam.state.gov/fam/09FAM/09FAM050201.html --

 

"Beneficiaries of family second preference petitions filed as F2B that were automatically converted to family first preference (F1) upon the petitioning parent’s naturalization may exercise the right to “opt out” of the conversion.  This also applies even if the petition in question was originally filed in the F2A category but has now been converted to F2B.  Such automatic conversion from second to first preference status could disadvantage an applicant if the F1 Application Final Action Date is less favorable."

 

[Gemini000 1]

47 minutes ago, Chancy said:

 

It's an option available to beneficiaries in certain family-preference categories.  More info from https://fam.state.gov/fam/09FAM/09FAM050201.html --

 

"Beneficiaries of family second preference petitions filed as F2B that were automatically converted to family first preference (F1) upon the petitioning parent’s naturalization may exercise the right to “opt out” of the conversion.  This also applies even if the petition in question was originally filed in the F2A category but has now been converted to F2B.  Such automatic conversion from second to first preference status could disadvantage an applicant if the F1 Application Final Action Date is less favorable."

 

Thank you, very informative. I’ve gathered that nvc will put in the request for me then change the category back since uscis has to approve.

[Chancy 6,233]

*** Moved from the Philippine regional forum to Bringing Family of LPR forum, for more attention from others who might have similar experience ***

 

[nastra30 2,044]

1 hour ago, Gemini000 said:

Thank you, very informative. I’ve gathered that nvc will put in the request for me then change the category back since uscis has to approve.

Yes, In addition to NVC acknowledging that you want to maintain your original category, USCIS will have to approve it. My sister went to through the same thing some years ago. Below is the USCIS letter approving of it. I think you have to contact USCIS yourself to prevent the athematic conversion; at least that's what my sister did.

Edited October 6, 2022 by nastra30

[Gemini000 1]

14 minutes ago, nastra30 said:

Yes, In addition to NVC acknowledging that you want to maintain your original category, USCIS will have to approve it. My sister went to through the same thing some years ago. Below is the USCIS letter approving of it. I think you have to contact USCIS yourself to prevent the athematic conversion; at least that's what my sister did.

Do you know how she got in touch with uscis directly? Seems like now the only option is through nvc and I think there was a miscommunication with my opt out request because by now they should’ve sent it through to uscis when I sent it. It’s like I did my part now hoping they do theirs.

[nastra30 2,044]

1 hour ago, Gemini000 said:

Do you know how she got in touch with uscis directly? Seems like now the only option is through nvc and I think there was a miscommunication with my opt out request because by now they should’ve sent it through to uscis when I sent it. It’s like I did my part now hoping they do theirs.

In the past you had to send an email to the USCIS district office having jurisdiction over the beneficiary's location. Since the foreign USCIS offices are now closed; I'm not sure but I found this below: So maybe the NVC or the consulate is responsible for requesting the opt out.

https://fam.state.gov/fam/09FAM/09FAM050201.html

"Currently, only USCIS can approve “opt-out” requests.  To request an opt-out, you should send an email, which only includes the receipt number and individual’s name in the subject line, to the following automated inbox: opt-out@uscis.dhs.gov.  You do not need to submit any supporting documents for the email opt-out request.  You will then receive an automated response approving the request.  Only consular officers may send the email, which should be from their official state.gov email address."

 

[Mundo254 47]

I just went through this myself. NVC will handle the request for you with USCIS. Relax, you are on track. Hope you attached your petitioner's naturalization certificate. Best of luck.

Edited October 6, 2022 by Mundo254

[Mundo254 47]

6 hours ago, Dashinka said:

So how can a beneficiary opt out of a visa they are no longer entitled to?  I am not disagreeing with you here, just trying to learn a little more as we often hear stories of LPRs naturalizing and their I130 petitions moving from one category to another.

It happens. See attached link by @Chancy