From F2B to IR2 to F1

[jane dmd 0]

This is so disappointing.  I have been battling cancer by myself here in the US, doing everything by myself. My ex husband divorced me after finding out my illness but helped me with all the treatment. I was a lawful permanent resident when I filed the petition for my son which could've avoided if the ex husband included my son when we were adjusting my status after marriage. My son was then 20 years old. The petition got approved after a year but because of the COVID issues, it took 3 years before we finally heard from NVC. NVC send our case to the US embassy Manila, we paid for NVC's fees, did his biometrics, medical exam which nearly cost $1000 only to find out my son's case was denied/ refused because he has aged which for the Love of God, not his fault. I tried to appeal but the US embassy said adjudication are usually final and any appeal won't work. Please advise or tell me what to do more. I just want my son to be here with me. Five years have taken away from us. He even feels like he's dream has been taken away as well.

Edited Tuesday at 06:47 PM by jane dmd

[OldUser 8,910]

I'm really sorry about your situation.

 

If your son is unmarried, it would take 10 years or so whether you're LPR or US citizen...

There's nothing really you can do. By law he cannot be given visa any time soon.

 

[Boiler 46,866]

He would have been F2a just when you filed,and with a year for the I 130 would have had to be under 22 when his Priority Date became current.

 

He is now F2b https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2025/visa-bulletin-for-may-2025.html they are currently processing cases filed in 2012

 

If you have or will Naturalise it only speeds things up by a few months, well currently.

[appleblossom 3,829]

19 hours ago, jane dmd said:

This is so disappointing.  I have been battling cancer by myself here in the US, doing everything by myself. My ex husband divorced me after finding out my illness but helped me with all the treatment. I was a lawful permanent resident when I filed the petition for my son which could've avoided if the ex husband included my son when we were adjusting my status after marriage. My son was then 20 years old. The petition got approved after a year but because of the COVID issues, it took 3 years before we finally heard from NVC. NVC send our case to the US embassy Manila, we paid for NVC's fees, did his biometrics, medical exam which nearly cost $1000 only to find out my son's case was denied/ refused because he has aged which for the Love of God, not his fault. I tried to appeal but the US embassy said adjudication are usually final and any appeal won't work. Please advise or tell me what to do more. I just want my son to be here with me. Five years have taken away from us. He even feels like he's dream has been taken away as well.

 

I’m sorry to hear this, but as said above there is nothing to appeal as if he’s aged out there is no visa available to him by law. 

 

The delay in hearing from NVC was due to this too, not Covid - they wouldn’t contact you until nearer the time of him actually being eligible for a visa (Table B on the Visa Bulletin) anyway. Are you saying that he was scheduled for an interview though? That is very odd, they shouldn’t have done that until his PD was current (Table A on the Visa Bulletin). 

 

All you can do is keep an eye on the Visa Bulletin and see when his PD is going to become current. He’s probably got at least another decade or so to go, so if there is any other visa route for him (employment based for example) then you might want to explore that. 

 

Best of luck to you. 

 

 

[jane dmd 0]

but my confusion is coming from this, i filed the petition when he was 20 years old so he falls under this guideline:

Effect on spouses and minor children: If you filed a petition for your spouse or minor children (under age 21 and unmarried) while you were an LPR, the visa category was family second preference (F2A). When you become a U.S. citizen, NVC will upgrade the petition to an immediate relative (IR) visa category. This benefits your immigrating family member(s) because there are no limits on the number of visas that can be issued each year in the IR categories.

Also, under a federal law called the Child Status Protection Act (CSPA), visa applicants can “opt out” of conversion to the F1 visa category and remain an F2B visa applicant. This may be beneficial because sometimes the wait time for an F2B visa is shorter than the wait time for an F1 visa.

but it appeared that they based they're assessment on this guideline :

Effect on adult children: If you filed a petition for your unmarried adult children (age 21 or older) when you were an LPR, NVC will change the visa category from family second preference (F2B) to family first preference (F1).

We even got an email from NVC saying "Congratulations! The US embassy/ Consulate General agreed to expedite his visa application process, we thought because of the above mentioned reason (effect on spouse minor children) which lead us to biometrics and medical examination only to find out he was denied/ refused??? NVC should've just said "We apologize but your son will be re- categorize and please hold up paying/doing biometrics and medical exam for now, blah blah blah, instead, right?!

[OldUser 8,910]

CSPA calculation is:

 

CSPA Age = Age at Visa Availability − Time Petition Was Pending

 

Using this calculation, was your child under 21 or over 21? This determines whether CSPA applies to him.

[Boiler 46,866]

If you provide all the dates we can double check.