US citizen parents sponsoring over 21 son..
- Thread starter ULTRON
- Start date
F3 is adult married children of citizens and according to feb bulletin current PD is 05-08-00, so it's not too far from July.
Kaunas, if I were you I would contact NVC and ask them where your file is located at this point. By now you should have filled out choice of agent form and affidavit of support form too.
Kaunas, if I were you I would contact NVC and ask them where your file is located at this point. By now you should have filled out choice of agent form and affidavit of support form too.
xerostomic
Registered Users (C)
Kaunas
I have the same view point, you should contact NVC. FB3 dates moved almost one year in past six months we can expect that it won't take long for your PD to become current. You can also write email to NVC.
My F2b to F1 upgrade petition got rejected, I just received a letter from USCIS today. Quote:"The person for whom you are petitioning is not eligible to file an adjustment of status application at this time due to the fact that there is no visa currently available for them."
WHAT THE HELL IS THAT!!!!!
I am NOT petitioning for AOS, I am petitioning for UPGRADE, why does visa availability has anything to do with it.
I just wrote them a letter and ask them to read my petition again. I wonder if the person handling my case actually read my petition or not, I am how absurd is that! An upgrade can be mixed as AOS?
WHAT THE HELL IS THAT!!!!!
I am NOT petitioning for AOS, I am petitioning for UPGRADE, why does visa availability has anything to do with it.
I just wrote them a letter and ask them to read my petition again. I wonder if the person handling my case actually read my petition or not, I am how absurd is that! An upgrade can be mixed as AOS?
xerostomic
Registered Users (C)
call them
Does it actually says rejected? as I think it is usually written on the letter that person is not eligible for adjustment of status untill PD is current, it is that they just let you know what to expect. You can confirm it by calling them or writing them again. I don't know about USCIS's Avm, but for NVC when you put your case number the AVM will tell you your preference caterogy ( you will know if your case has been upgraded).
I think according to law USCIS is supposed to upgrade it even when the petioner or beneficiary does not request upgrade, however if beneficiary does not want an upgrade (like for fillipino's FB2b dates are ahead of FB1) he or she can request for no upgrade and to remain in FB2b, otherwise upgradation process is supposed to be automatic, this is stated by Child status Protection act as well.
My F2b to F1 upgrade petition got rejected, I just received a letter from USCIS today. Quote:"The person for whom you are petitioning is not eligible to file an adjustment of status application at this time due to the fact that there is no visa currently available for them."
WHAT THE HELL IS THAT!!!!!
I am NOT petitioning for AOS, I am petitioning for UPGRADE, why does visa availability has anything to do with it.
I just wrote them a letter and ask them to read my petition again. I wonder if the person handling my case actually read my petition or not, I am how absurd is that! An upgrade can be mixed as AOS?
Does it actually says rejected? as I think it is usually written on the letter that person is not eligible for adjustment of status untill PD is current, it is that they just let you know what to expect. You can confirm it by calling them or writing them again. I don't know about USCIS's Avm, but for NVC when you put your case number the AVM will tell you your preference caterogy ( you will know if your case has been upgraded).
I think according to law USCIS is supposed to upgrade it even when the petioner or beneficiary does not request upgrade, however if beneficiary does not want an upgrade (like for fillipino's FB2b dates are ahead of FB1) he or she can request for no upgrade and to remain in FB2b, otherwise upgradation process is supposed to be automatic, this is stated by Child status Protection act as well.
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First of all - relax.
Whom was this letter addressed to? To your US citizen parent? So that makes you the person for whom "petitioning is not eligible to file an adjustment of status application"....
Furthermore, it is unnecesary to send in such a request. As soon as your original petitioner parent gets his/her US citizenship, you are automatically upgraded from F2B to F1B. So I'm not sure what is going on here...
Anyways, not to worry. Just wait for the PDs to be current and all will be fine.
ULTRON
Whom was this letter addressed to? To your US citizen parent? So that makes you the person for whom "petitioning is not eligible to file an adjustment of status application"....
Furthermore, it is unnecesary to send in such a request. As soon as your original petitioner parent gets his/her US citizenship, you are automatically upgraded from F2B to F1B. So I'm not sure what is going on here...
Anyways, not to worry. Just wait for the PDs to be current and all will be fine.
ULTRON
My F2b to F1 upgrade petition got rejected, I just received a letter from USCIS today. Quote:"The person for whom you are petitioning is not eligible to file an adjustment of status application at this time due to the fact that there is no visa currently available for them."
WHAT THE HELL IS THAT!!!!!
I am NOT petitioning for AOS, I am petitioning for UPGRADE, why does visa availability has anything to do with it.
I just wrote them a letter and ask them to read my petition again. I wonder if the person handling my case actually read my petition or not, I am how absurd is that! An upgrade can be mixed as AOS?
Ok, let me clarify this:
The process is "semi-automatic." There are no elaborate forms and/or fees. You have to send in the USCIS copy of your parents naturalization certificate and I130 approval....and that's all!
See this link: http://www.immihelp.com/greencard/familybasedimmigration/misc.html#upgrade
ULTRON
The process is "semi-automatic." There are no elaborate forms and/or fees. You have to send in the USCIS copy of your parents naturalization certificate and I130 approval....and that's all!
See this link: http://www.immihelp.com/greencard/familybasedimmigration/misc.html#upgrade
ULTRON
xerostomic
Registered Users (C)
It's true that USCIS is supposed to upgrade the case automatically. This is stated clearly by child status protection act of August 2002, but I think they are not doing it automatically and to be on safe side it's better to send a request for upgradation, all it takes is just a mail stamp.
According to law a request should be made only when he/she wants to remain in down grade category or if upgrade is not beneficial to him , this only applies to Fillipino's where upgrade from FB2b to FB1 means longer waiting times, otherwise they are supposed to do it even without request. But my opnion is that its better to send a request to avoid any inconvenience in future. I also sent my request to NVC and they confirmed it.
Check out SEC 6 http://travel.state.gov/visa/laws/telegrams/telegrams_1429.html
According to law a request should be made only when he/she wants to remain in down grade category or if upgrade is not beneficial to him , this only applies to Fillipino's where upgrade from FB2b to FB1 means longer waiting times, otherwise they are supposed to do it even without request. But my opnion is that its better to send a request to avoid any inconvenience in future. I also sent my request to NVC and they confirmed it.
Check out SEC 6 http://travel.state.gov/visa/laws/telegrams/telegrams_1429.html
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xerostomic
Registered Users (C)
In another place
Correction to Example in Reftel
-------------------------------
28. Department would also like to clarify some confusion
engendered by a typographical error in an example provided
in the portion of Ref A relating to Section 6 of the CSPA,
which addresses the problem currently encountered by
Filipino applicants whose parents naturalize. Automatic
conversion from F2B to F1 status can disadvantage an
applicant in these circumstances due to the less favorable
cut-off dates for Filipino F1s. To illustrate how
automatic conversion usually benefits an applicant whose
parent naturalizes, paragraph 20 of reftel described a
case involving a "14 year-old" unmarried French applicant.
This, however, was a typographical error. The age that
was supposed to be used in the example was 24, not 14.
Section 6 would have no relevance to a case involving a 14
year old, since a 14 year old whose parent naturalizes
would convert from F2A to IR-2, not F2B to F1, and the
child''s case would be current as a result of the
conversion.
Correction to Example in Reftel
-------------------------------
28. Department would also like to clarify some confusion
engendered by a typographical error in an example provided
in the portion of Ref A relating to Section 6 of the CSPA,
which addresses the problem currently encountered by
Filipino applicants whose parents naturalize. Automatic
conversion from F2B to F1 status can disadvantage an
applicant in these circumstances due to the less favorable
cut-off dates for Filipino F1s. To illustrate how
automatic conversion usually benefits an applicant whose
parent naturalizes, paragraph 20 of reftel described a
case involving a "14 year-old" unmarried French applicant.
This, however, was a typographical error. The age that
was supposed to be used in the example was 24, not 14.
Section 6 would have no relevance to a case involving a 14
year old, since a 14 year old whose parent naturalizes
would convert from F2A to IR-2, not F2B to F1, and the
child''s case would be current as a result of the
conversion.
Thanks guys,
BUT, that's exactly what I did! I sent in my mother's naturalization certificate copy, my I-130, a cover letter asking for upgrade.
And then they send back letter saying I can't apply for AOS, because there are no visa available. How absurb is that. I didn't even apply for AOS. It just makes me feel like that USCIS is playing with me on purpose. I am so mad.
BUT, that's exactly what I did! I sent in my mother's naturalization certificate copy, my I-130, a cover letter asking for upgrade.
And then they send back letter saying I can't apply for AOS, because there are no visa available. How absurb is that. I didn't even apply for AOS. It just makes me feel like that USCIS is playing with me on purpose. I am so mad.
Has your file been sent to NVC? If so, the letter should be sent to the NVC. IF NOT, then to USCIS.
I guess there was a mistake on behalf of the USCIS. Just resend the letter as the priority date for FB1 is months away from November, and I have a feeling that it will be slowly moving in the future if not halt. Does anyone understand why FB2A did slow when it reaches March 2002? Maybe FB1 is in for the same.
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xerostomic
Registered Users (C)
I had the same feeling that FB1 would move slowly and it might reach only the end of April or start of May during the remainder of fiscal year, but I pray to God that my assumption is wrong and PD's jump one whole year in March visa bulletin.
Yesterday I was talking to a lawyer regarding my change of status case and I asked him if he had any idea about PD's in coming months. The lawyer smiled and said,' I feel really embarssed when some one asks me this question as I have no idea about PD's movements, the only thing that might work is your prayers'.
If a good immigration lawyer cann't predict then I guess I will have to join the camp of ppl who say that PD's are completely unpredictable and hope that coming visa bulletins bring some thing unpredictable in a positive manner.
No problem-o. But you shouldn't worry about this too much - it's just a matter of time. Only worry about those darn crawling PDs....and elections....and illegal mexicans...and slow economy!
ULTRON
ULTRON
xerostomic
Registered Users (C)
good news cutt of date didn't clog this month.lol
Well, the PDs moved again only 1 week this time!
ULTRON
ULTRON
good news cutt of date didn't clog this month.lol
I guess we should just be happy they at least MOVED forward.
If it keeps moving 1 week per month then you will be able to adjust December 2008 or January 2009. For me it would be 2011.
If it keeps moving 1 week per month then you will be able to adjust December 2008 or January 2009. For me it would be 2011.
Well, the PDs moved again only 1 week this time!
ULTRON
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xerostomic
Registered Users (C)
ppl are getting married for gc, while we have to remain unmarried for gc....strangeI guess we should just be happy they at least MOVED forward.
If it keeps moving 1 week per month then you will be able to adjust December 2008 or January 2009. For me it would be 2011.
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