f3

[teena patel]

My uncle is beneficiary and his immigration file category is F3 and priority date is oct 2004 he got approval letter in feb 2010.my aunty passed away before 3 years.his son's birthdate is 28th July 1986.
1) can we convert it to F1 from F3? If yes then what is the procedure?
2) how much time whole procedure will take?
3) after changing category priority date will remain same?
4) his son will be eligible for greencard?

[dhira_98]

Teena,
1. Yes, you can convert petition from F3 to F1, Send a letter to NVC stating that you want to change preference category from F3 to F1 along with copy of death certificate of your aunt.
2. At NVC processing it very fast, Under F1 category the petition will be current and you uncle will get visa ASAP (processing delay only, no wait time)
3. Priority date wlll be remain the same but visa Cut off date for F1 is 04/2007 ie anyone with priority date before 2007 is eligible for VISA.
4. I am sorry that his son may not qualify under CSPA. If your uncle has converted to F1 three years ago. His son would been eligible for VISA under CSPA.

Thanks

My uncle is beneficiary and his immigration file category is F3 and priority date is oct 2004 he got approval letter in feb 2010.my aunty passed away before 3 years.his son's birthdate is 28th July 1986.
1) can we convert it to F1 from F3? If yes then what is the procedure?
2) how much time whole procedure will take?
3) after changing category priority date will remain same?
4) his son will be eligible for greencard?

[teena patel]

f3

Thanks. no chances to get visa for his son? Because the current date already gone and can we do it through any lawyer?

[dhira_98]

Yes, I suggest you to proceed with a lawyer's help.
Also Let us know if his son got the visa.

Thanks