amandaciar22

Hi,

You will want to read the October 2016 Visa Bulletin to familiarize yourself with the new procedure starting Fisal Year 2016.

There are now two tables; 1) Current PDs and 2) PDs that are not current but are eligible to submit paperwork including AOS.

This means anyone in the family preference categories (F1, F2a, F2b, F3, and F4) without a current PD but is eligible to submit paperwork can file to adjust if he/she is legally in the U.S. This person will get an EAD/AP card until the person's case is decided.

Hi,

I was confused upon seeing two tables, like you said there are now two tables.

So you mean the 2nd PD's those person fall in this category if it happen they are in US thru non immigrant visa can file to adjust status to become what? say she's on f2b?

What's an EAD/ AP card? Sorry i had many questions, im not familiar with many immigration rules.

If that' s so a lot of people will benefit from it, its like they giving pardons to be able to reunite with families. Am I right?

Hi,

You will want to read the October 2016 Visa Bulletin to familiarize yourself with the new procedure starting Fisal Year 2016.

There are now two tables; 1) Current PDs and 2) PDs that are not current but are eligible to submit paperwork including AOS.

This means anyone in the family preference categories (F1, F2a, F2b, F3, and F4) without a current PD but is eligible to submit paperwork can file to adjust if he/she is legally in the U.S. This person will get an EAD/AP card until the person's case is decided.

I agree that it makes sense that wait times will get longer in general, though sometimes I wonder if future legislation may make it easier.

Well my swister would want to reside in the US, but the question is once she gets her permanent residence, how long does she have to stay in the U.S. for that permanent residence to stay that way or is it conditional. Like for instance with marriage there is something called conditional permanent residence, so not sure if there is anything like that where you have to stay a minimum amount of time for the Family-based visa/permanent residence to remain valid.

> What a daughter who will be in her 20s wants to do then is beyond conjecture.

She will likely want to be in the US since the country of origin (Pakistan) has poor prospects overall, and all our extended family is in the States.

Ok so does anyone know the answer to whether or not CSPA applies to the DAUGHTER of a SIBLING who is applying under F-4 Status? The I-130 Waiting Time for Siblings is around 5 years, so I want to know if those 5 years would be subtracted for my sisters DAUGHTERs age.

for that permamnent residence to stay? She has to stay in the us

I dont know how long she can be out of us say to visit your home country

Based on what i read here in the forum...

Yes cspa can be applied to her, but its way too early to calculate at this moment.

Given you already applied for the I 130 you have to wait for your sister's PD to become current

then you can calculate your niece age, thru the time it took for the i 130 to be approved minus the age of the child.

What i can say if you wanted to petition your sister, do it now, its a really long wait.

Congratz for that! That's quite an accomplishment.

My Pinay wife didn't take a review course either. My wife's sister passed on her second try. We have a Pinay friend who passed on her first try.

Also, many Pinoy nurses at my wife's job passed on their first try.

I agree

I had a friend too who did self study and passed the nclex in the ist try

But if you wanted to be more motivated and had a simplified review like what I did... I enrolled in a review center for 1 month and passed the exam eventually. I guessed review classes here in Phils are less expensive rather than in the US

Yeah, imagine that! A 24 year wait for my wife to bring her sister to join her. And whats Obama's plan? Of yeah to allow millions of ILLEGAL ALIENS to remain in the country. There is something very wrong here. A don't go bashing me for talking bad about Obama. He is the one that is pushing for this. It would not matter to me who the president was, the fact is Obama is the president now and he is pushing for this.

Aloha

Yes, thats the sad truth

My dad under sibling petition waited 23 yrs

Imagine it that long, already retiree age when pd becomes current

Plus i aged out

Very Unfair.... too Loooong waiting times for those

Who wanted to join their families in a Legal way

Obama should kicked those illegals out! Oh well why do that if he could gain some

Just an update guys!

June 27- ISSUED

yay!!!!

Congrats to your sister!

You can read about it here

http://travel.state.gov/content/travel/english/news/technological-systems-issue.html

I see thanks @svb for the info shared

Hi guys! Just an update that might help some of you. After the hardware failure that affected all over the world, we finally got a good news. My sister is under IR2 and shes already 35. Yes, and it's a long story. Anyways, she was lacking Cenomar when she went to her interview. Consul put her on AP after that. Us Embassy Manila worked this weekend to clear up the backlog. How did I know? Cause my sister's visa went from AP on friday and then issued on Saturday.

June 5- Interview day (status went to AP)

Document missing was submitted the same day

June 6- AP (i guess they received the missing doc)

June 15- AP (i'm guessing that her paperwork was moved to a different department or what not)

June 26- AP (I think they are putting all the documents and also printing the visa)

June 27- ISSUED

I think I missed the "READY" status before it went to AP again and then issued. I hope everyone gets theirs soon.

Hi @mariane,

Just curious about the thing you mentioned. . .........

After the hardware failure that affected all over the world, we finally got a good news.

What is it all about?

Thanks! Her interview was last week and still waiting for her visa.

@mariane

No need to worry bout that. It's just a little bit time of waiting

Unfortunately, he has to stay with their kids and wait for my sister to come back once she gets her green card and marry. Looks like the processing time for that is 2 years more or less but they are both willing just for the sake of their children's future

Wow! Congrats to your sister, I wished I had the same luck as her

Out of nowhere there came a big surprise...What a twist of fate, life is indeed full of surprises

I mean i didnt go through another ds-261 if thats what u mean. The site is really acting because it should say that we've completed that already but it's giving us a blank form again.

Can u please give me the link to the nvc guide here in VJ? Thanks so much

Hi, there

Just like to ask how many years it took for you to received notice for the step1, choice of agent? And among the choices, which one can you say is more efficient? Just wondering, thanks!!

Hi, what do you mean by worldwide?

You mean regardless whether im from philippines, mexico, or india?

F2b- will moved by 6-8weeks?? Wow that is sooo good news!

There is still hope

Thanks in advance!

Actually in November visa bulletin NVC already mention the prediction movement

E. VISA AVAILABILITY IN THE COMING MONTHS

FAMILY-sponsored categories (potential monthly movement)

Worldwide dates:

F1: Two to three weeks

F2A: Three to five weeks

F2B: Six to eight weeks

F3: One to three weeks

F4: Two or four weeks

http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2015/visa-bulletin-for-november-2014.html

A quick update, just talked to my father today.

Call 1: He made a call yesterday on my request to the USCIS at National Customer Service Center NCSC: 1-800-375-5283. Operator told him that this conversion is not possible at all. Its not possible to change a category from F1 to F2b, he has to give up his nationality and yet again gain an LPR status. That was the height of insanity proven by an operator at USCIS that he talked like that. May god HELP AMERICA from these kinda employees. Grrrr ... I was so angry to heard this stupid reason that I have decided to make them a call on this number ....

Call 2: I made a call to this number yesterday, operator listened my story and she suggested that I need to contact NVC for this. According to her, she is not comfortable with this Section-6 CSPA thing at all. She was lost when she heard about it, she took couple of minutes to check within database and she gave me this advice to contact NVC for this help.

Call 3: Today, I called up my father on skype and he called them up yet again while I was watching the whole calling session. Operator said the same thing that this is impossible to convert from F1 to F2b. When he pressurized the operator and gave some references of USCIS website CSPA Section-6 and made her clear that this kinda law actually EXISTS in this world. Then, she put him on hold and checked it out and again the answer was same that we need to clarify things with NVC.

Therefore, USCIS at New Delhi and at America are in same dilemma. They don't know anything about this Section-6 of CSPA Act, instead of that in call 1 the operator taught my father a lesson about CSPA for age out rule of derivative beneficiary. That how this CSPA works and blah blah blah ...

Later on, in further calls there were different operators on call while talking to me and my father (in call 2 and 3) and they were lost when they heard about Section-6 of CSPA "Opt-out" rule. I don't know how these morons work for philippines and mexico to tackle the situations like these.

I am feeling irritated and angry right now. NVC contact no. which they have provided doesn't available at any time, its always busy or outta service. Meanwhile I wrote a mail to NVC regarding this matter and I hope that I will get some relief soon if they could write me some better answers.

Right now, I am regretting that I forced my father to get the citizenship last year, this immigration system sucks!!

This are mind draining and frustrating experience........anyways before i opt out they actually knew that my petitioner got naturalized and informed me thru letter that i have this priviledge and when this opt out finishes, uscis is also done handling the case, its all on nvc.

When is your PD @ Puru444. ?

@amandaciar22,

First, I mailed them at CIS.NDI@uscis.dhs.gov. This is the link of USCIS Section of New Delhi, I found this link on USCIS website couple of days back and mailed them my all queries (asked about the process and documents needed) and this is the reply I have received by them:

Dear Sir/Madam:

Thank you for your inquiry.

Kindly contact the Service Center in the United States, where the case was filed. This office has no record or jurisdiction on the cases, filed in the United States. You may contact National Customer Service Center NCSC: 1-800-375-5283 to obtain further information or an update.

Please be advised that this Office can provide information only on issues which fall within the jurisdiction of this office and where we have legal authority. USCIS cannot provide legal guidance or suggestion on specific case or situation. If you require help/assistance with a personal legal matter you may wish to seek legal counsel or resolve the concerned matter through independent research.

Then, I made an appointment when to visit them personally when the mail option didn't work. But, that didn't work too!!

I think I need to contact the USCIS head office in US. May be they entertain you people in philippines at Manila Embassy due to high demand of Opt-Out in your country.

But, I am still with no answers and wana know the real stuff ....

Oh i see..

I dont understand either, why they can't help you with the opt out.

I forgot to say that " If the petitioner became a U.S. citizen before the approval of the petition, the beneficiary is not eligible to request for a retention of her F2B category." Accdg to dhs/uscis

This is the exact reply to me by dhs/uscis here us embassy manila:

On Mar 27, 2013, at 9:50 AM, "CIS, MPH Inquiry" <MPHInquiry.CIS@uscis.dhs.gov> wrote:

To apply for opt-out or retention of your F2B category, send your signed written request to: Field Office Director, USCIS Manila, U.S. Embassy, 1201 Roxas Blvd., Ermita, Manila. As enclosures to your signed written request, submit a copy of the notice of approval of your petition or any correspondence from either the NVC or Immigrant Visa Section that the petition has been approved, a copy of the petitioners naturalization certificate and original Certificate of No Marriage (CENOMAR) from NSO, issued within the last 6 months.

Hope this helps

Apple21 & Amandaciar22,

I need your advice once again.

Today I went to US Embassy New Delhi, I have met some of the dumbest consular officer at the window. She didnt knw anything about Opt-out rule, in fact she was lost when I mentioned about the Section-6 Under CSPA.

After that, she kept repeating one thing all the time that We are bound to follow the USCIS services and this is not in our hands. Its out of our authority and blah blah ... this kinda response I have already gt couple of days back via mail by them.

According to her, I need to contact USCIS in US only and not in New Delhi Embassy. I spoke her and gave reference that how philippines applicants do this procedure in their home country at USCIS section in Manila Embassy but that wasn't enough to make her convince as she didn't knw anything and she seems to be a confused about many things.

Im confused right now

What should I do now?? To whom I should contact regarding this?? Someone please help who's aware with all this ... it seems that worldwide offices around the world are not prepared and known to this ALIEN TERM "OPT-OUT".

@G_One,

Have you made any contact or gt any new info in this matter from New Delhi or NVC or USCIS?? Anything??

Have you tried emailing US embassy in your home country?

(Uscis in particular) and ask for the procedure on how to opt out?

Btw is there a uscis in your home country? Bec. im not sure if all us embassies had uscis office..

What i did here is that i emailed USCIS and ask them how and what are the requirements to be submitted.

I didn't personally inquire in the embassy. Then i just mail the necessary documents and that's it after a month i received the notice of approval.. Btw they only use ordinary or regular mail so maybe its also a reason why it took a month to received their response.

Maybe the person you spoke with doesn't handle anything about cspa, he/she should refer you to the right dept.

which is dhs/uscis.

As hari29 discovered, a letter from some congressman carries no weight whatsoever...remember, Congress is in the Legislative branch of our government and the DoS is in the Executive branch....and, recalling a bit from Government 101, no one from one branch can tell a person working in another branch what to do.

Nurses from the Philippines have a relatively easy time finding work in the US...(hospitals are constantly looking for low priced labor)...and the COs know this...his occupation could easily work against him when (and if) he applies for a tourist visa.

Thanks RhettVoe for sharing.

My wife applied for a visitor visa from Ukraine. Our F2A is pending. California Congressman wrote a recommendation letter to the USA embassy in Ukraine. Still they rejected her application for visitor visa. So the chances are very slim to nothing.

Sorry about that..thanks for sharing hari29

Nobody can 100% accurately tell you the outcome.

Just go apply for the visa. Keep praying

You have a point, but the CO are looking for Guarantees of returning back to home country.

Hi all,

I have a friend also on f2b category

He wanted to spend time & visit his family in the US

But he has few concerns with the chances of getting a visit visa.

What are his Chances of Getting a visa????

His single,obviously (f2b) requirement

His siblings and parents are in US, other sibling in uk

(So family ties would be questionable, isn't it??)

His a Nurse (which we think would be a big downside especially here in phils????)

Please share your experiences if you are on the same situation.

Thanks in advance...

Even if his a Nurse from a reputable hospital? Will he not stand a chance?

Any Other Suggestions & Advised from the People here, what could be his options??

Thanks!

Hi G_One,

The same has hapnd with me too when I approached them via mail they said the same thing to me. Then, I took help from our fellow philippines members over this website. Kindly refer the link apple21 shared in her last post.

I have asked many things in detail that might help you.

Its a reciprocate situation right now, where Philippines' F1 is ahead of their F2b now ... and worldwide F1s are behind by their own F2bs. Strange, god knows how these people work.

I agree, it's really strange... The sudden change of movements, about which category will jump ahead. I was surprise with f1 bec. For the longest time f2b is always ahead in philippines

By my calculations 6.83%, not good.

Thanks boiler....by the way how do you end up with your calculations??

Hi all,

I have a friend also on f2b category

He wanted to spend time & visit his family in the US

But he has few concerns with the chances of getting a visit visa.

What are his Chances of Getting a visa????

His single,obviously (f2b) requirement

His siblings and parents are in US, other sibling in uk

(So family ties would be questionable, isn't it??)

His a Nurse (which we think would be a big downside especially here in phils????)

Please share your experiences if you are on the same situation.

Thanks in advance...

Thank you Apple21 for such a quick response.

It makes me clear that it would take couple of weeks time, that's fine.

+ the process would be done at home embassy.

I think NOA1 and NOA2 are: NOA1: Approval Notice from USCIS and NOA2: Case Acceptance Notice by NVC, right?? Please correct me if I m wrong. I believe, there's no such documents to show for singleness in India. I haven't seen any case yet.

Request Letter:

Would you please highlight some points that are needed to mention in the letter while requesting them for conversion??

I have one doubt regarding this, would you please help me out in understanding to go through it??

1. "Opt-out" can only be possible to implement at a specific time or stage when the Petitioner clears the Naturalization process. And, once an applicant become an F1, he/she can't request for "Opt-out" after a long time like an year or so (especially in my case, its been more than a year)

to go back in F2b.

(Is it a myth or a fact??) By reading your response, I hope its just a myth.

I have one doubt regarding this, would you please help me out in understanding to go through it??

1. "Opt-out" can only be possible to implement at a specific time or stage when the Petitioner clears the Naturalization process. And, once an applicant become an F1, he/she can't request for "Opt-out" after a long time like an year or so (especially in my case, its been more than a year)

to go back in F2b.

(Is it a myth or a fact??) By reading your response, I hope its just a myth.

Yes obviously you can only opt out if the petitioner naturalizes and you are converted automatically to F1,

Not sure if there's a time frame when to do it. I haven't read or heard about such thing.

Hi puru444

So your petitioner naturalized and you are automatically transferred from f2b to f1?

For you to opt out

You need to make a written request that you wanted to be retained to f2b

Address it to DHS/USCIS

US Embassy in your home country

A copy of non marriage cert

Copy of cert of naturalization (petitioner)

That's it

No other forms needed to fill out

It took them a month for my request to be granted.

I've also notice the f1 movement

This upcoming aug VB

As compared to f2b

Hoping f2b category will also make a big jump in time