I-130 for unmarried sons

T

taresh73

New Member
Hi All,

My father filed I-130 for his sons who are still unmarried in May 1998. The application is still pending & my father has now become a citizen. He has
communicated this to the INS California service center & requested them to change the family preference from F-2 to F-1. 4 months have passed by but
haven't heard back from them. The priority date for F-1 category is June 2001
& so they should have approved the case after changing the preference to
F-1.

Is there anything we could do to help speed up the process like going to the
San Jose local office or write to a congress man.

Any help/pointers etc would be very useful since we are stuck & dont know
what to do.

Thanks
Taresh
 
if your father files a petition for your brother(s) when he was a Permanent Resident (GC holder) and they are over 21 at the time he petitioned them, they can benefit from Child Status Protection Act (CSPA). What will it do is that instead of converting their category to F1, your brother(s) can request in writing such conversion not to occur. their category will be preserved according to Section 6 of CSPA. if they are petitioned when they are under 21 (F2A) and they age-out and your father becomes a US citizen, they won't be able to utilize Section 6.
 
Hi wanksta1,

Thanks for your feedback. CSPA wont be useful for people from India since the priority dates for F2 are behind those for F1. Hence, we would like to convert our petitions
to F1 category. Is there a way to get the processing times for conversions ? We are worried since INS CA service center has not responded to any of our queries so far.
Would talking to a good attorney speed up this conversion process ?
 
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