F3 to F2B - New petition required or not?

aryalok

New Member
Hello,

My mother had filed I-130 for my married sister in 1996 under F3 category.She had recently immigrated to US with her husbund and under 21 child.

However her other son who turned 21 before petition was processed was not able to immigrate with her.His name was removed by NVC before appliacation was sent to Mumbai.According to US consulate in Mumbai, he is not eligible for CSPA visa also.

When I called BCIS, they told me that she does not need to file new I130.Since original petition would be converted automatically under F2b?However we have not received any communication from US consulate in Mumbai or NVC regarding this.My experience is that it's extremely difficult to get any meaningful response from US consulate in Mumbai.

Now, does my sister need to file new I-130 under F2B?If she has to, how can original priority date(assigned for F3 category) can be kept for F2B?

Thanks.
 
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