h0tgunn

Thanks Mai95!

Please help. I already paid and submitted all the necessary documents to NVC. I'm already awaiting for the case to be completed. Suddenly when I checked the Invoice Payment portal, the name of my son appeared that has payment status NOT INVOICED. Im just wondering why my son's name appeared in my invoice payment since we did'nt petition him since hes already 24 years old. Can't bring him with his age. By the way my status is F2B.

Hoping for some response.

Hello Guys - I already received the opt-out approval memo to retain the F2B category. Since the priority date is already current, will the DHS/USCIS inform the NVC of the F2B retention? Is there anyone who have the same case of mine. Just want to know how long NVC will received the opt-out approval from DHS. I emailed NVC after a week and the category still the same as F1.

Thanks!

We have a Facebook Group called F2A/B Immigrant Updates and Queries.

You can join if you want. There are 99 other members who can also help you.

ok punta na ako dun.. actually i already been interviewed last year unfortunately im not eligible since the petitioner is my step mom wherein age of the child should be under 16 years old when petition. Hindi kasi nag pag attorney. Luckily i have another petition by my dad last year 1999 as PR and the attorney have reopened it. It was the same case number that was given to me when the opt out has approved.

Hi.

Its just SOP that they return your case to NVC because you haven't done any of the things I posted above.

From here on NVC will be the one addressing you. Just wait for them to send you an email that will jump start the process.

It will also be a good idea if you start gathering your civil documents like: NSO birth certificate (yours and your child/children's [if applicable] and you're including them in this petition), CENOMAR, NBI clearance http://manila.usembassy.gov/wwwh3217.html

Thanks Apple! How about you? Yo have FB? we can chat there.

Hello Apple - None yet. Based from the letter if the visa numbers is available i can contact the email address i mentioned instead of NVC. My priority date is long overdue, im year 1999 and the year processing is 2002.

Got the response of of consular section and advised that the case is already been sent back to NVC. Oh my,, I think another process again..

Did you already send your Choice of Agent form, Affidavit of Support form, DS-230 form with your Civil documents to NVC? Paid Affidavit of Support and Immigrant Visa fees?

Or you haven't done any of these yet?

Hello Apple - None yet. Based from the letter if the visa numbers is available i can contact the email address i mentioned instead of NVC. My priority date is long overdue, im year 1999 and the year processing is 2002.

4 Days To Post Interview Letters For November 2012 ...

Hello - What do you mean by 4 days to post?

Thanks!

Hello Guys - Good day! I already received the opt-out approved letter. And it says that I can inquire the ConsIVmanila@gov.state for the instruction if the visa numbers are available. If the visa is not available, you can notify the NVC and once visa is available, NVC will notify the applicant. Since my priority date is March 1999, does it mean that my visa now is available and I can have my papers process in US Embassy Philippines instead of NVC? Appreciate some inputs if there are some of you have same case of mine. Or have emailed the ConsIVmanila@gov.state.

Thanks in advance!

I think so. Just submit the necessary documents, then follow-up after 1 week. Good luck.

Thanks Mellow - One attorney pm me and he said that my case will do fine. My papers might processed within this year and have high possiblity to get the visa this year as long as all required papers by NVC, medical, interview are successful.

anyone for help? :-) just a 2nd opinion if the status will be approved for the opt-out. :-)

Hello Friends - Looking for someone who can provide some inputs. I have a petition from my step mom year 1997 and my biological dad year 1999. My petition from my step mom has been process until i have my interview in us embassy. Sadly i i've been denied technically due to age limit of below 16 years old. My parents are not aware of this rule since they haven't hire an immigrant lawyer. Now my parents hired a lawyer and he open my petition of my dad of year 1999 which hes still in permanent residence. We have now received my notice of approval with priority of March 1999 and its being forwarded to NVC. However the category have falled into F1 not F2B since my dad naturalized at year 2002. My lawyer told me its normal since its automatically converted. My lawyer instructed me to give a letter to Field Director for the opt-out. My question is do I have high hopes in having the F2B approved? Will this be process immediately by the NVC once the opt-out approved. Appeciate all your inputs! I really need to go there since mys sister still in coma and my dad is sick.

Thanks and God Bless!

The NVC will contact you indicating that your sister has been automatically converted to F1 from F2B (that is when your mother becomes a US citizen). You will need to send USCIS (not NVC) an opt out letter to retain her F2B category as F1 category has more waiting time. I have the same case.

Hello Archy - I have same case i was petition by my Dad as F2B in 1999 but it didn't push through then when our attorney get back my recent petition and have it activated it automatically converted to F1. My attorney told me to send a written letter to Field Office Director for the request of retention personally. Does it mean I need to go the US Embassy to handover my request?

Guys - Finally, i have an opportunity again to process my immigrant visa. :-) My biological dad have a pending petition in USCIS for the past year 1999. The lawyer told us the reason why it wad not yet been process to NVC because there's already another petition that was already been process in the past year 1996. We're just awaiting the submission of the docs from US Embassy to USCIS. There's a possible chance to replace the petitioner from stepmom-to-biological father or just wait the 1999 priority date the year the petition has been filed,,, which means another 1 1/2 year of waiting... Lapit narin since FB-1 PD is already Feb, 1997. :-)

siguro po depende din sa screener. yung pre screner ko po okey naman pero mas nagbuklat nga sya ng docs namin kesa sa consul yung consul di na nagbuklat..ilang tanong lang okey na. so approved naman po anak nyo?

no babystef, bago tawagin number mo binabasa na ng american consul para alam na niya tatanungin sayo. napansin ko lang nung kaharap ko yung window ng consul. bago sya mag post ng number binabasa niya yung docs mo muna. naririning ko nga yung mga na dedeny tulad ko hehehe...

napansin ko rin yun..

pero yung pre screener tinignan yung file ko habang nagtatanong sakin then hiningi yung federal tax income sakin nung napansin nyang wala kami naisubmit pero yung consul tama di na nareview..bakit nga kaya?baka kasi kapag okey lahat ng docs at kumpleto pasado na sa kanila?

ay naalala ko nung umupo ako sa harap sa may malapit sa window ng consul tinitignan rin niya yung mga documents.

Bro/Sis - Curious lang ako. Yung mga consul ba while interviewing nirereview rin mga documents niyo? Napansin niyo tinitignan lang?

Hello there - Is there already a limit in petitioning the number of children?

The question of your father petitioning you was posed more than once, which is a better approach.

You got a denial based on the petition submitted by your mom in 1996, so it is no longer pending.

Any proof of the petition by yoiur father? That would be a good start to following up on it. Any forthcoming

reply to the private message I sent you?

Hello - I already PM'd you. Thanks!

Question guyz, my dad told me he also petition us way back 1998, however,, i haven't received any notice or case number on this. Does it mean because I have a pending petition from my step mom from 1996. This can also be a alternative solution to my denied visa. Hopefully the petition is still alive. F1-B PD is Feb 1997. If he filed 1998 there is a great chance to have an appointment next year. Though start all over again... aarrgghhh!

If his grounds to appeal is that you didn't know about the "marriage must happen prior to your 18th birthday for your step-mom to petition you" then I hate to say this but it simply won't work. In US Law there's a concept, "Ignorance of the law is no excuse" which means you don't get a pass on the law applying to you because you don't know it.

A mistake was made by USCIS but you weren't hurt or caused a loss by it. An approved petition is no guarantee of a Visa ever being issued. I'll agree with Penguin_ie, if the Lawyer is so confident then he should not accept a single Php in payment until your Visa is issued. In fact I'd go one step further and ask him to give you a written commitment that he'll provide defense lawyer expenses for your brother if his pressing your case causes USCIS to revisit his case and order him deported.

Sure you have nothing to lose as you've been denied but are you willing to risk your brother's status in the US on the word of a lawyer (not even a US Lawyer) that he can overcome the fact that you were properly denied for a Visa that you're not qualified to receive?

Thanks for the response Bob - Ignorance of the law is no excuse.. If that's the case USCIS or NVC should guide the applicant since they should be the one to uphold the immigrant law on the first place before further damages. Right? It's a case to case basis. With regards to my brother,, hhmmm ,,, why we need to include him in the case? he's not included for the defense and i don't see any risk... Ofcourse I take the word of the lawyer that his job. You said you weren't hurt? For 15 years? Am I a robot? Peace...

Since this lawyer is so sure you will win, make an agreement with him to only pay him once you get the visa. See how quickly he changes his tune.

It's ok hes famous here in our country and won so many cases even won the worst case. Though expensive.

Thanks for all your inputs! We have a strong case to appeal or reconsideration. Lawyer was right, you can't just throw out the 15 years of waiting because of a simple stepchild rules as most normal petitioners are not aware on this ruling. He says all of us have a very limited information at year 1996 as technology for information is so limited unlike year 2000. You only know the preference saying unmarried son and daughter of us citizen with age 21 and above. There's no unmarried step son and daughter of US citizen with age 17 and below as you already consider you son and daughter of the stepchild if you married the biological father or mother... The petition are filed and process with legitimate papers and in fact it reaches the PD in finalizing the documents and process to check if there's inconsistency and ineligibility. The document showed that petitioner is a step-parent. I remember the NVC is requesting again another AOS due to inconsistency. It proves that they are studying the documents and why disregard the stepchild rules. The DS230 shows that I have a biological mother. It also has the marriage certificate of my stepmom and dad (i saw this during interview). It's very obvious that my birthdate and the date of marriage shows the ineligible of the petition as a stepchild. I can't disclose yet here some statements of the lawyer. :-) But it enlighten my family. One thing he has the humanitarian reconsideration of my little sister who's 60% coma... But the error in processing the petition itself is already a strong case. This is just a simple case not some case is complex like fraud which they reconsider. Once the appeal is granted and reconsider, I'll be scheduled by another interview. It will take 90 days... Thats ok for me since my plan is to go 1st quarter next year even i got the visa.

I'll update you guys once I got the status of the appeal. :-)

Thanks for the response Jim! I dont know maybe theyre not aware of the step child ruling if there is. They just filed our petition together with our birth certificates and it was approved. So you are saying the ruling of the step-parent petition to a step-child is already in the law on the late years??? Maybe someone can show the act of this immigation law together what year regarding step child petition, then i'll truly believe there is...

And you are right USCIS should filter the applied petition and this maybe the immigrant lawyer can use for the appeal, i guess. My parents already talked to a top immigrant lawyer here in the philippines Atty Garfinkel. He said there's a big chance and he's waiting the final notice??? I dont know what hes referring. Is that the paper signed by the consul which i had?

A petitionable relationship includes checking to see if the step-parent married the biological parent before the child was 18. If everything is at it appears here then USCIS screwed up in approving the petition.

This is a self-help immigration forum. Immigration lawyers don't generally hang out here. There are a few forums where you can find immigration lawyers, but they're reluctant to share any advice for free. After all, they do this for a living.

The only immigration law that took effect in 1996 was the Illegal Immigration Reform and Immigrant Responsibility Act. Nothing in this act changed the law regarding the criteria for a step-parent to petition for a step-child. It appears that USCIS did not understand that there was not a petitionable relationship here.

Why didn't your father petition for you?

Thanks for the response Jim! I dont know maybe theyre not aware of the step child ruling if there is. They just filed our petition together with our birth certificates and it was approved. So you are saying the ruling of the step-parent petition to a step-child is already in the law on the late years??? Maybe someone can show the act of this immigation law together what year regarding step child petition, then i'll truly believe there is...