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anchau

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Posts posted by anchau

  1. According to Oct 2010 visa bulletin, F2A PD moved to April 01, 2010. OP said, her sister's PD is in Feb 2010. That would make her eligible to file AOS on or after Oct 1, 2010.

    However, Jan 1, 2011, F2A PD retrogressed to Jan 1, 2007. So, on the date of the interview, she was NOT eligible to adjust status since her PD was not current. Once her PD becomes current again, she can adjust to LPR.

    At this point, her status is still F1. Her visa application preference category is F2. She HAS TO maintain legal presence until she can adjust.

    Thanks all for your time, can you please help me to clarify the following:

    -Why on the interview date, the Officer took away her I20?

    -If she wants to continue her study in the US, can she still apply to school as an F1 student? Does she have to ask her school to issue her another I20?

    -When her priorty date is current, will USCIS notice her? Does she have to file another new AOS and pay fee again? If she has to go through the whole process again, how can she know the good time to file so that her visa won't regress and the application fee is forfeited again?

    Thanks

  2. I still don't understand why USCIS revert my sister's visa from F1 to F2. This is what happened:

    -08/2009: my sister came to the US under F1 Visa.

    -02/2010: My mother filed form I130 to sponsor my sister

    -09/2010: received I-797 " Approval Notice"-Section : Unmarried child under 21 of Permanent resident

    Since her form I130 was approved, my sister file form I-485 to Adjust Status. We paid the fee, form I864, etc.

    -02/2011: received apointment interview.

    In the interview, the office took away my sister I20 and change her status to F2.

    Since my sister is attending a private high-school, I do worry about her legal status to continue studying in the US.

    If any one know about this case, can you please advise. Should we consult an attorney?

    By the way, the priority date for my younger sister is 02/2010, the same day that my mother file I130 for her. My sister is 15 years old, I just wonder if being a minor of any help...

  3. I still don't understand why USCIS revert my sister's visa from F1 to F2. This is what happened:

    -08/2009: my sister came to the US under F1 Visa.

    -02/2010: My mother filed form I130 to sponsor my sister

    -09/2010: received I-797 " Approval Notice"-Section : Unmarried child under 21 of Permanent resident

    Since her form I130 was approved, my sister file form I-485 to Adjust Status. We paid the fee, form I864, etc.

    -02/2011: received apointment interview.

    In the interview, the office took away my sister I20 and change her status to F2.

    Since my sister is attending a private high-school, I do worry about her legal status to continue studying in the US.

    If any one know about this case, can you please advise. Should we consult an attorney?

  4. Hi Every one,

    My mother filed form I130 to sponsor my younger sister after she came to the US as a F1 student. Since my sister was in the US when her I130 was approved, we filed from I485 to adjust her status. My sister then had an interview with USCIS regarding her AOS. However, after the interview, the officer gave her 2 forms:

    -One form marked: Visa Regressed cases: your case in being transfer to Texas Service Center TSC for further processing

    -Other form named "Continued for Service Action" marked: Your Category is F2, priority date is 02/01/2010.

    Would someone please help to advise what happens to my sister case? Why she can't get the greencard? why her status changed from F1 to F2?

    We appreciate your help

  5. Hi Every one,

    My mother filed form I130 to sponsor my younger sister after she came to the US as a F1 student. Since my sister was in the US when her I130 was approved, we filed from I485 to adjust her status. My sister then had an interview with USCIS regarding her AOS. However, after the interview, the officer gave her 2 forms:

    -One form marked: Visa Regressed cases: your case in being transfer to Texas Service Center TSC for further processing

    -Other form named "Continued for Service Action" marked: Your Category is F2, priority date is 02/01/2010.

    Would someone please help to advise what happens to my sister case? Why she can't get the greencard? why her status changed from F1 to F2?

    We appreciate your help

  6. Hello every body,

    I received I-797 informed me that my I-130 petition for my younger sister was approved and the visa petition was sent to NVC...

    However, my younger sister is currently in the US under the F1 student visa.

    Besides, my mom was also received another notice of approval for the I-130 she filed for my little sister.

    Would someone please advise what I should do next? Can my younger sister file the form I-485 to adjust her status when she is here?

    Thank you in advance for your time and your help

  7. My parents have just got their Green Card and imigrated to the US. However, they still have their business in Vietnam to take care of. How many months my parents need to be present in the US in order to maintain their Permanent Resident status? Is it okay for them to go back Vietnam for 2 months then come back to the US for 2 months then go back to Vietnam for a couple months....I have heard that they need to remain in the US for at least 6 months within a calendar year...but is that the consecutive 6 months or they can add up here and there to get 6 months within 1 year? Any one know about this, would you please advise.

    Thank you very much

  8. Hi Everybody,

    I filed a petiton for my parent back in March 2009. Their interview is scheduled on 02/12/2010. What concerns me is that my dad had a heart surgery before. This will be show up on his medical report for the upcoming interview. I worry that he won't be able to get a Visa because of his health condition. Please advise if you know about this. Thank you very much

  9. My husband is a F1 student. We got married on December 2008. His class ended on March 12, 2009. We filed form I-130 on March 03, 2009 and I-485 package on March 17, 2009. We received NOA for both I-130 and I-485 during March 2009. My husband took the biometric on April 10, 2009.

    We have just received a letter from his school saying that they concerned about his imigration status.

    Does my husband need to maintain his F-1 student status until he get the green card?

    From other related topics, I learn that by submitting the AOS package, my husband is now on the pending status. But the letter that we receive from his school does concern us.

    He will be out of the 60 days grace period by May 12, 2009. If he does not get the green card by that time, will his school report to the USCIS that he is now out of status.

    Would someone please advice. We are trying to save some money for our baby. And paying for his English classes just to maintain the F1 student is way too expensive when he can attend the adult school for free.

    Thank you very much for your advice and your time

  10. Hello Everybody,

    I am a US Citizen. My husband is a F1-student visa. We filed form I485 and got back a Notice of Action-Rejection Notice. It said the reason our form was rejected is "Invalid Part2 Application Type Other Basis of Eligibility".

    We checked box "h: Other basis of eligibility" with an explaination :"Spouse of U.S.Citizen". Did we check the wrong box? Should we check box "a" instead? Since we filed form I-130 concurrent with form I-485, it does not sound right for us to check box "a" which states "An immigrant petition giving me an available visa number that has been approved".

    Would someone please help us with this matter.

    Besides, my husband has to maintain his F1-visa tatus until when?

    PS: Our I-130 was received and cash

    Thank you very much for your advice

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