Opt out of the F1 Category to F2B since F2B is now current -Jackolantern help please

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gigi07

Registered Users (C)
Hello Jackolantern or anyone else who may be viewing and has info on subject.

Need answers ASAP I may have a deadline for sept. 1.

Recently saw the visa bulleting for september and the category I used to be before my mother became a citizen is now current with my priority date (Mexico). First thing I thought, how ironic. My mother went thru so much trouble to naturalize and all that was invain. The old category has jumped almost a year when before it will jump a month in one year. Anyway, I came across articles and one in particular about section 6 of the Child protection act where beneficiary opted out of the F1 and requested to be downgrated to FB2. This is where I will like your help.
1. What is the proper way to request this change

2. how long does the approal take?

I already talked to a lawyer who said that because of time limits (need to submit adjustment application by sept 1) I should call the national visa center myself and request opt out via phone call and ask for an approval to be send to my mailing address.

3. is it truly advisable that I contact the National Visa center? (according to her there is no time to send a letter of representation and have it approved on time?

4. Do you know of any successful cases where this section applies

Will very much appreciate your feedback.

P. S. Mother became resident in 2011 and requested upgrade to F1 in writing on Jan 2012 (tthinking wait will be shortened) via mail letter. Notice from NVC was received stating new F1 category.
 
I found this on page 6 of a USCIS document about CSPA. If you're filing for AOS, I would suggest including the opt-out request with the AOS application, with a printout of that page with the section highlighted.

http://www.uscis.gov/USCIS/Laws/Mem...anda/Archives 1998-2008/2008/cspa_30apr08.pdf
(3) CSPA Section 6 Opting-Out Provisions. Beneficiaries of 2nd preference I-
130 petitions that were automatically converted to family first preference upon
the petitioning parent’s naturalization may exercise the “opt-out” provision of
section 6 even if the petition in question was originally filed in the F2A
category but has now converted to F2B. Aliens seeking to utilize this opt-out
provision should file a request in writing with the District Office having
jurisdiction over the beneficiary’s residence. Adjudicators do not need to
determine the age of the alien when a section 6 opt-out request is received.
Click to expand...

Note that once you switch back to F2B, I don't know if you can switch again to F1. Most of the time F1 has a better cutoff date than F2B for Mexico, so you have to be careful about opting out.

If you are inside the US and eligible for AOS right now under F2B, but not under F1, it would make sense to file for AOS now with the request to switch to F2B, and worry about possible F2B retrogression later. At least once you file for AOS, you're able to stay in the US legally and obtain employment authorization.

But if you're outside the US, opting for F2B won't give you an instant interview at the consulate, and while you're waiting for the interview F2B could go back to its usual pattern of being worse than F1.
 
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gigi07 said:
Need answers ASAP I may have a deadline for sept. 1.
Click to expand...

Note that the cutoff date in the September bulletin for F2B Mexico is a bit later than the date in the August bulletin, so if your priority date is current in August it would also be current in September, which means your AOS application needs to reach USCIS by September 30, not September 1.
 
Jackolantern - Thank you very much for your information

Is sending the AOS along with request to opt out better than having the opt out response from National Visa Center before filing?

The upgrade to F1 didn't happen automatically. We sent a written request. it actually took them a week to respond to the request.

My lawyer wants me to call ASAP and request the change by phone I feel a bit uncomfortable doing that. Not sure what other questions I may be asked and I woun't know what to respond. I'm supposed to call today. Please let me know what you think. or should petitioner call instead of beneficiary?

Yes, Im in the US and will be filing AOS here.
I'm 38 now was 20 when I-130 was approved.
Priority date is FEB 7, 1994.

I gotta say this is unprecedented I have been watching the visa bulletin for 19 years and this is the first time I see such a jump and even total availability for F2A category, all that category is current. Any reason behind this is happening? will they fast forward the rest of the categories?
 
Do both. Include the request with the AOS application, and also send a request to the NVC.

If you want to contact the NVC first, that's fine, but you can't wait too long for their response. You have to get the AOS application to USCIS by the end of September whether the NVC responds or not.

If you contact them to do the switch, it appears it has to be done in writing.
 
Thanks again -

I wil do as you say and get that going fast. Totally appreciate your quick response. Will update as things move along.
 
just an update and a call to phillipines nationals who may have had this problem too

So I have been waiting to receive an asnwer from the NCV and so far I received a letter saying they are reviewing the case. This was last week I decided to wait one week just to see if I receive an approval but there has been none. I will go a head and send the packet tomorrow. Wish me luck. I wish someone from the phillipines would share their experience since they have had this situation where FB2 moves faster than the F1.

Wish everyone a great friday!
 
Hi, I was 24 when my I-130 was approved, I am wondering, is possible for me to apply for a CSPA Section 6 Opting-Out Provisions, if I was 24 when my I-130 was approved or it is only for people who was under 21 when it was approved. my cut off date is feb-2009 and the I-130 was originally filled as F2B, then 1 year later My mom become a Citizen.
 
gigi07 said:
Hello Jackolantern or anyone else who may be viewing and has info on subject.

Need answers ASAP I may have a deadline for sept. 1.

Recently saw the visa bulleting for september and the category I used to be before my mother became a citizen is now current with my priority date (Mexico). First thing I thought, how ironic. My mother went thru so much trouble to naturalize and all that was invain. The old category has jumped almost a year when before it will jump a month in one year. Anyway, I came across articles and one in particular about section 6 of the Child protection act where beneficiary opted out of the F1 and requested to be downgrated to FB2. This is where I will like your help.
1. What is the proper way to request this change

2. how long does the approal take?

I already talked to a lawyer who said that because of time limits (need to submit adjustment application by sept 1) I should call the national visa center myself and request opt out via phone call and ask for an approval to be send to my mailing address.

3. is it truly advisable that I contact the National Visa center? (according to her there is no time to send a letter of representation and have it approved on time?

4. Do you know of any successful cases where this section applies

Will very much appreciate your feedback.

P. S. Mother became resident in 2011 and requested upgrade to F1 in writing on Jan 2012 (tthinking wait will be shortened) via mail letter. Notice from NVC was received stating new F1 category.
Click to expand...

hello dear i want to know one thing after you changed the category from F1 to F2B did you got visa to USA.
 
gigi07 said:
just an update and a call to phillipines nationals who may have had this problem too

So I have been waiting to receive an asnwer from the NCV and so far I received a letter saying they are reviewing the case. This was last week I decided to wait one week just to see if I receive an approval but there has been none. I will go a head and send the packet tomorrow. Wish me luck. I wish someone from the phillipines would share their experience since they have had this situation where FB2 moves faster than the F1.

Wish everyone a great friday!
Click to expand...


Hello

would you please let us know if NVC approved the opt-out request ?
 
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