eomarg

well actually the lawyer told us that he already do that three months ago....it seems like they didnt receive the documents...

thanks again...but im confused because they said at the nvc that my case is an f2d which means (f1 holders dependent) right?

" The F2 Visa is a non-immigrant (temporary) visa that authorizes the dependents of the F1 visa holders to enter into the United States"

i think that is not my case..am i right? or i misunderstood the meaning?

is a mistake or what?

Have your mother contact NVC and ask about upgrading the petition to F1 status, she probably will need to send to NVC proof of US Citizenship, (A copy of Naturalization Cert).

she become a citizen after she petitioned me.... thath means that they didnt change the status of my mother?

when did you mother become a citizen? Before or after she petitioned for you?

As a child of USC over 21, your category should be F1 (not to be confused with F-1 visa). F2B (may sound as "D") is for children over 21 of permanent residents.

Here is the link where you can see that, at the moment, "immigration visa numbers" for F1 category are available to those who were petitioned on or before June 2002 ( if from Mexico -1992, if from Philippines - 1993).

http://travel.state.gov/visa/frvi/bulletin...letin_4406.html

thanks again...but im confused because they said at the nvc that my case is an f2d which means (f1 holders dependent) right?

" The F2 Visa is a non-immigrant (temporary) visa that authorizes the dependents of the F1 visa holders to enter into the United States"

i think that is not my case..am i right? or i misunderstood the meaning?

is a mistake or what?

Explained this all the other day: http://www.visajourney.com/forums/index.ph...=167456&hl=

NVC is a bit off, You do not have an AOS pending to jeopardize due to AOS not being able to be filed in cases here the I-130 would NOT result in an IR-Visa being issued under the Unlimited Class.

What NVC is saying is "If you had a pending AOS" you need AP (I-131) in hand to preserve the AOS.

Your other post indicated traveling to Canada, which would have killed any AOS if AOS were possible which it is not.

If you F-1 student visa is valid, you can still use it to travel.

hello everyone i hope someone can help me... my case was sent to the nvc center on decem 12 2008 and i called dec 18 , and a

case number was assigned...and also they said that the visa number is not available at this time and that i shouldnt make plans

for the moment to travel etc....

im in usa with an f-1 visa and my mother is and american citizen.. the problem is that the nvc said my case is an f-2 d visa...(f1 visa holder dependent)

is that normal,, can anyone give me an advice...or they made a mistake...im confused about that ...usually how long take to get a visa

number for over 21 age unmarried son...thanks

thanks for your answer...it was really helpful...

another question sorry about that....do you know approx...how much time i have to wait to see any progress in my case...my petition

was filled in aug 2006...thanks again

thanks to answer me but my notice say that "im not elegible to file an adjustment of status application, this determination is based

on the information submitted with the petition and any relating files.

if the person whom you are petitioning believes that he or she is elegible for adjustment of status,

then he or she should contact the local uscis office for more information.. ....

this is the same..i have to wait until number of visa is available or is a different problem...thanks

The law is black and white, I-485 can only be processed in cases where the approved I-130 would result in an immediate visa number assigned based on the Unlimited Family-Based Immigrant class - Immediate Relatives, this class has NO wait for a visa number.

• Spouse of a U.S. Citizen (IR-1) Learn More

• Unmarried Child Under 21 Years of Age of a U.S. Citizen (IR-2)

• Orphan adopted abroad by a U.S. Citizen (IR-3) Learn More

• Orphan to be adopted in the United States by a U.S. citizen (IR-4) Learn More

• Parent of a U.S. Citizen who is at least 21 years old (IR-5)

As evidence that you did not fall into this class was the LONG processing of the I-130 at USCIS taking over 2 years to process at USCIS, an I-130 filed for an Unlimited class visa typically takes no more than 6 months to process through USCIS.

Your petition will then sit at NVC until a visa number is assigned, at which time the petition will then be sent to the Immigrant Visa unit at the US consulate or embassy in your home country. You can then interview for the Immigrant visa at the consulate.

The I-485 was essentialy dead the moment it was filed because you do not qualify for an IR-Visa under the unlimited visa class.

thanks to answer me but my notice say that "im not elegible to file an adjustment of status application, this determination is based

on the information submitted with the petition and any relating files.

if the person whom you are petitioning believes that he or she is elegible for adjustment of status,

then he or she should contact the local uscis office for more information.. ....

this is the same..i have to wait until number of visa is available or is a different problem...thanks

You can only adjust status on the USA based on the condition that a visa number would be IMMEDIATELY available to you should I-130 process through USCIS and NVC for an IR-Visa, you fall into the F-1 class and would not get an immediate visa but would have to wait until a visa number gets assigned by Department of State.

I-485 instructions:

1. Based on an immigrant petition.

You may apply to adjust your status if:

A. An immigrant visa number is immediately available to you based on an approved immigrant petition; or

B. You are filing this application with a completed relative petition, special immigrant juvenile petition, or special immigrant military petition which, if approved, would make an immigrant visa number immediately available to you.

An US citizen filing an I-130 for a child over age 21 does NOT get an immediate relative IR-visa.

Immediate Relatives of U.S. Citizens (IR): These types of immigrant visas are based on a close family relationship with a U.S. citizen, including spouses, children, and parents. Additionally, a U.S. citizen can sponsor a child adopted or to be adopted from abroad, if that child meets the definition of orphan as provided for in immigration law. Family members of United States citizens (not Legal Permanent Residents) can file Immediate Relative Petitions.

For immigration purposes, Immediate Relative classifications include:

• Spouse of a U.S. Citizen (IR-1) Learn More

• Unmarried Child Under 21 Years of Age of a U.S. Citizen (IR-2)

• Orphan adopted abroad by a U.S. Citizen (IR-3) Learn More

• Orphan to be adopted in the United States by a U.S. citizen (IR-4) Learn More

• Parent of a U.S. Citizen who is at least 21 years old (IR-5)

Limited Family-Based Immigrants

These types of immigrant classifications involve specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident. Under immigration law, there are fiscal year numerical limitations on family preference immigrants as explained below.

• Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their children, if any. (23,400)

http://travel.state.gov/visa/immigrants/ty...types_1306.html

One other note: If you traveled out of the USA at any time during AOS processing without AP (I-131) filed, and AP document in hand, the AOS is considered to be abandoned. F-1 Student visa allows re-entry from a trip abroad, but Advance Parole is required to preserve the AOS processing.

Hi my name is erick ,im over 21 age unmarried son of us citizen ..my petition was submitted in aug 2006 and approved in dec 11 2008, but

when i received the notice it says that im in usa but im not elegible to adjustment of status because the information submitted with my

application...i got an f-1 visa since 2005 , and i change my i-20 (transfer school) on nov 2006 and also traveled to canada (so i got a new i-94 in my passport)

i need to know what does it mean? how long i have to wait now? can i apply for AOS or not? is possible to get an extension of my I-20 because it expires in may 2009..

thanks in advance guys...i hope your answers