Family visa - F1 not moving, how long to opt-out to F2b ?

[Srie]

hello friends. my priority date was on January 3, 2008. i have opted out from F1 category and choosed to F2B category by calling directly to NVC according to CSPA act. But at interview time they suspended my visa. They said that my category was still in F1 category and i need to wait for F1 category to become current. i have no idea what was happened in my case. just see the NVC authorities only changed the category from F1 to F2B since F2B was current but in consulate they refuses my visa. i am 32 now. what actually the CSPA act meant for?

Mr John,

Did your mother/father submitted the application when they were permanent residents and they are citizens now ? If so, you might want to contact a lawyer.

CSPA actually allows the possibilty of transfering back to F2B. Here it is :

"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."

[Alchemist921NY]

My daughter's application was filed under F2b when we were still permanent residents. That time the waiting time for citizens unmarried children over 21yrs were shorter than that of permanent residents. We became citizens in 2013, and our daughter was bumped in to F1 with no change to priority date. Now I am finding that the F1 is stagnant and F2b is moving faster with a shorter waitinng period. I read that under a specific provision of the Child Status and Protection Act (CSPA), the applicant can opt-out or request a change of status back to F2b from F1. Is there anyone out there who did this ? How long does it take to get this transfer ? I am thinking to wait a little longer to see whether F1 will start moving faster to request for an opt-out. I called the NVC and they told me usually the F1 moves faster and has a shorter waiting period but couldnt help me sort out my problem.

Thank you for your ideas and advise.

Has anyone considered getting a lawyer that handles these sorts of cases? I'm really curious.

[Srie]

Has anyone considered getting a lawyer that handles these sorts of cases? I'm really curious.

Not yet, I have written to NVC and USCIS both. I will wait for another 30 days for a reply and look for legal help. Have you consulted a lawyer ?

[liberal_always]

hello friends. my priority date was on January 3, 2008. i have opted out from F1 category and choosed to F2B category by calling directly to NVC according to CSPA act. But at interview time they suspended my visa. They said that my category was still in F1 category and i need to wait for F1 category to become current. i have no idea what was happened in my case. just see the NVC authorities only changed the category from F1 to F2B since F2B was current but in consulate they refuses my visa. i am 32 now. what actually the CSPA act meant for?

Oh no ! Really sorry to hear this. Can you tell me which consulate you are in ? I am in exact same situation and my interview date is on July 31st for Bombay consulate. Really appreciate your response.

Thanks,

[liberal_always]

Hi Mr John, can you please provide an update on what the Consulate officer told you as next steps for this case.? Did you tell them about CSPA:? I visited the local USCIS office by taking an InfoPass and they said that everything is on track as the NVC approved and interview was scheduled.! I am really nervous as my sons interview is on next Friday. I also contacted a lawyer and they said the same thing. They said USCIS has no jurisdiction on the case once they approve the I-130 petition that was applied. This is very confusing and we are extremely tensed. Anyone else who has this experience can you please share the outcome.? Thank you.!

[puru444]

Opt-Out Procedure

Alright, this is how this opt-out works.
Applicant need to deal with 2 authorities NVC & USCIS, separately.

Here's my case overview:
My pd is 17 Dec 08, my dad filed an I-130 petition under F2B, he naturalized in 2013 then I sent the scanned copy of Naturalization Certificate to NVC & made a request to change my category to F1, my category got changed from F2B to F1 within a month and i received a notification from NVC about this change. But in 2014, F2B crossed F1 dates and becomes fast moving category. Like other F2Bs, I was too curious to exercise this opt-out rule and looking out for solution about this over the internet and made some calls and wrote some e-mails & eventually the whole matter ends up like this:

In July 2014, I have called USCIS customer care number to make the request to change my category from F1 to F2B. I was desperately searching for that Mr. X in USCIS department who has been hiding for some unknown reason from the world to make this procedure the unsolved mystery. I was unable to find any right info and right person, I was confused and frustrated like you all.

In August 2014, I personally visit USCIS section in New Delhi Embassy. There was an Indian Lady behind the window who actually has no idea at all about Opt-out rule and she advised me that your case is at NVC and USCIS has no jurisdiction over the case. Moreover, Delhi embassy is helpless & clueless in this matter to help me and she strongly put her word that I must contact the NVC for this thing happen.

In August 2014, I have made numerous calls to NVC and after an hour wait I have got nothing but some lame excuses and irrelevant replies over the phone.

In September 2014, I was highly frustrated and wrote an e-mail with the subject like saying Section-6 of CSPA 2000, Opt-out rule followed by my NVC case number and in that mail I mentioned all the benefits which I got by this conversion and made a request which they recommended all over the internet on their websites. I sent this kinda mails back to back in a week time to get a response.

In October 2014, my dad (petitioner) received a letter from NVC saying that this can be done under the law but in order to obtain the approval beneficiary must contact DHS because only DHS has a right make this change possible. At the footer of that notice, there was a usual signature written with my name, petitioner's name, pd, embassy address & category. It was F2B written in front of category and I was happy to see that and relaxed that finally NVC changed my category. Though I was confused that in the body of the letter they have written that the beneficiary must put the request at DHS in writing and at the bottom of that letter they are declaring me as an F2B. So, ignored the whole letter message and shifted my focus on the category which says F2B in the end of it. I was celebrating that finally after all this hassle and trouble, my case got converted to F2b.

In February 2015, I received a welcome letter then I followed every step in consular processing. Filled the forms DS-261, 260 paid all the fees submitted all the required documents to the NVC. Each and every document says my case number written on them with the category saying clearly F2B.

In April 2015, my case was completed and I was waiting to get current for visa interview.

On 30th July, I received an interview letter and it is scheduled on 01st September 2015.

Now, meanwhile I have read the posts of you people on this website and recently I was little surprised when Mr. John didnt received a visa after done with all this opt-out procedure. Liberal_always is a member here who's son interview was scheduled on 31th July 15 and he was too curious to know whether he is on a right path and always trying to find out piece of paper or document which says that the opt-out has been done successfully which is actually known as Approval Notice. Unfortunately, his son didnt gt the visa in Mumbai Consulate because consular officer asked for the Approval Notice which he didnt has. They put his case on hold and asked to submit the approval notice earliest otherwise they will shift his case back to F1.

Right now, he is trying to find out all the ways to obtain this signed approval notice from USCIS official on their letter head saying that the opt-out has been done and he retained his F2B category.

I am too scared that if go to interview without this approval notice on 01 Sept 15 I will be too denied by them and raised the same request to submit it asap.

Guys, its not true that it is waste to contact NVC in this regard. many of you called them up on phone and they asked you all to write a mail to them and you all may got converted to F2B but on that notification letter they also states that only DHS has the jurisdiction over this opt-out matter. Therefore, the picture is getting clear now as this thick smoke is getting clear that:

Step 1: To inform NVC by writing them an e-mail for opt-out and they eventually make ur category change. BUT, this is not the end.

Step 2: Applicant MUST need to put the request in writing at DHS and MUST obtain this Approval Notice and MUST carry this Approval Notice at Interview otherwise the visa will get denied.

Most important paragraphs are:

Conversion From F-2B To F-1:

The National Visa Center (NVC) normally sends an Opt-Out Notice to the alien beneficiary that it has changed the immigrant petition’s visa classification from F-2B to F-1 because of the petitioner’s naturalization and receipt of documentation thereon.

If the current priority date for which an immigrant visa is available for aliens chargeable to the Philippines is earlier for F-2B than F-1 classification, then the NVC advises the alien beneficiary of his or her option to opt out of the conversion to F-1 classification by virtue of such naturalization, as if his or her petitioner-parent’s naturalization has not occurred.

The Opt-Out Notice of the NVC cites Section 6 of the Child Status Protection Act (CSPA), found in Section 204(k) of the INA, which requires a written statement by the alien beneficiary to the Attorney General, through the NVC, that he or she elects not to have such conversion occur, or to have such conversion revoked, through the Department of Homeland Security (DHS).

This Author’s law firm has a form letter signed by the alien beneficiary, which it sends to the NVC in Portsmouth, New Hampshire, as notice of the alien beneficiary’s exercise of his or her option to opt-out of such conversion in order to return the immigrant petition’s visa classification to F-2B.

Once the NVC receives notification that the alien beneficiary will be pursuing the opt-out provisions in Section 204(k) of the INA with the DHS, it will process the immigrant petition under F-2B classification, no longer F-1 classification.

Which is actually happened with me and with liberal_always son when last year we both received a letter from NVC saying all that blah blah blah which have mentioned above and at the end it was written our category as F2B. We both followed next steps in consular processing but never succeed to get the Approval Notice from DHS/USCIS.

Only DHS Has Jurisdiction
Over Opt-Out Provisions:

The NVC, as a visa processing center, has no jurisdiction to administer the opt-out provisions of Section 204(k) of the INA. Only the Department of Homeland Security, representing the Attorney General, has that delegated authority.

So, the alien beneficiary must send his or her letter request to retain his or her F-2B visa category under Section 6 of the Child Status Protection Act (CSPA), Section 204(k) of the INA, to the DHS. For Filipino beneficiaries, their letter-request to retain their F-2B category should be sent to: Officer-In-Charge, Department of Homeland Security, U.S. Citizenship and Immigration Services, U.S. Embassy Manila, 1201 Roxas Boulevard, P.O. Box 151, Manila, Philippines 0930; Phone: (+63)(2) 528-6300 (ext. 2862).

If the DHS approves the opt-out request, its Officer-in-Charge (currently John Abram in Manila) issues an approval notice, which the alien-beneficiary must bring to his or her immigrant visa interview at the U.S. Embassy Consular Section in Manila, Philippines. Otherwise, his or her application for immigrant visa may be denied.

[puru444]

Find out the Right Person at DHS/USCIS for Opt-out Approval Notice

Right now, we all should find out that person Mr. X who's been hiding somewhere in US or in our native countries' embassies or consulates, a person who can provide this Approval Notice to all of us. We all know what to write and how to write but we dont know yet to whom to write at what address??

Liberal_always and me are in touch with each other and both are trying very hard. Our families are finding solution there is US, they are meeting with lawyers for this matter and soon we both will visit USCIS Section at Delhi Embassy to discuss this matter deeply with them.

Here's the bible of USCIS available on the internet explaining this opt-out procedure in brief:

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2008/cspa_30apr08.pdf

And this point no. 3, clearly says that it must be done at the District Office having jurisdiction over the beneficiary’s residence. Which is New Delhi in case India because they don't have USCIS section at Mumbai Consulate.

(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.


As it is already happened with Philippines' people, all they need to do just visit the USCIS Section at Manila Embassy and make a request in writing with them and in few days they received the Approval Notice. I dont know why these people are not following this simple step with other countries too, it would be very convenient for all of us to reach our embassies carrying this requesting letter and make this unknown mystery happen in no time. Its not a rocket science but these people seem to be clueless, confused & irresponsible.

I urge you all, to please tell ur beneficiary's who are waiting for many years to come out and fight for their right. It is a LAW guys for god sake, they have to listen to us. Take a print out of this Memorandum: http://www.uscis.gov/sites/default/f...pa_30apr08.pdf

And visit your embassies and clear them ur condition and read this document to them. Otherwise, it will be us who gonna suffer in the end with nothing but the frustration and suffering.

[liberal_always]

All,

Unfortunately, my son's immigrant visa has been put on hold because we don't have the Approval Notice for opt-out. We are planning on sending the opt-request to USCIS New Delhi office.

Puru has summarized this exactly right.. We have been in touch and are gaining some confidence about this procedure now. We just have to convince and make the people at Delhi understand this provision. This is key for everyone who is in India and in this situation. It does not matter what NVC tells you. It is important that you notify them so that they can start consular processing as if the case is under F2B but the final approval must be obtained through the office in New Delhi. (USCIS office having jurisdiction over beneficiary)

What I urge for every member of this community in this situation to write to the USCIS New Delhi addressing the Field Office Director requesting for this approval letter. We feel with enough requests they will be forced to look into this with more seriousness. Myself and puru will be visiting them in person as well to explain this situation.
Please quote and attach the Memorandum in your request that was issued by USCIS in USA to all District Offices around the world about the CSPA law which has clearly outlined Section 6:

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2008/cspa_30apr08.pdf

Here is the contact information:
E-mail
[email protected]

Express Mail address
Field Office Director
U.S. Citizenship and Immigration Services
Department of Homeland Security
American Embassy
Shantipath, Chanakyapuri
New Delhi, India - 110 021

I would request each one of you to start sending this starting tomorrow. Myself and puru are sending this request tomorrow in writing and then visiting the office either on Tuesday or Wednesday.

Lets all unite to fight this battle and put an end to our sufferings just because of ignorance of some people. We have waited way too long and this is just not fair at no fault of ours !

Thanks,

[Best]

Hi Liberal_Always and Puru,

Thanks to both of you. you gave a very good information. My son's case is same. We are waiting for interview anytime soon.
we will write to USCIS office Delhi for approval letter. Pl post once you get the approval letter.

Best

[puru444]

Please share more details abt ur case.

Hi Liberal_Always and Puru,

Thanks to both of you. you gave a very good information. My son's case is same. We are waiting for interview anytime soon.
we will write to USCIS office Delhi for approval letter. Pl post once you get the approval letter.

Best

What ur pd?? and have your case being processed under F2B without opt-out approval notice??

But, right now this is best the time to send e-mails to New Delhi Embassy about this request.

[Srie]

F2 B to F1 conversion nightmare

Hello Puru & leberal_always,

I am grateful to both of you for the very detailed information provided with a date line. I am very sorry that your son's cases were put on hold. But at least we now know what to do, and as you rightly say we just dont know whom to write to.

My case is also same as yours, only difference is my daughter is in Colombo, Sri Lanka. Her PD is July 2009.

I have called the NVC every day for 3 weeks, just to get an agent to talk to. When I got one, I was told to write to them. I told them I sent e mails and also a letter by ordinary post and it is over two months for the e mail and a month has gone by for postal mail. I was told that they will eventually reply. I sent letters of request from me as the petitioner and from my daughter as the benefeciary to the USCIS, CA office, and they sent my letters back to me with a letter attached asking me to use their web site or the help line. So I called the help line and the agent told me the case is now in NVC and I have to write to NVC!

After reading both your posts, i just went in to the US embassy web site in Colombo and found out there is no USCIS field office there. It appears that if there is no USCIC office, then one must write to a USCIS address in Chicago. I am going to do that today.

During the past few months, I have talked to at least half a dozen agents both in USCIS and NVC and only two of them were aware of the CSPA provision that allows a beneficiary whose application was approved under F2B and upgraded to F1 due to parents natuaralization can be converted back to F1 through an opt-out.

[Best]

USCIS Office for Sri Lanka

Hello Puru & leberal_always,

I am grateful to both of you for the very detailed information provided with a date line. I am very sorry that your son's cases were put on hold. But at least we now know what to do, and as you rightly say we just dont know whom to write to.

My case is also same as yours, only difference is my daughter is in Colombo, Sri Lanka. Her PD is July 2009.

I have called the NVC every day for 3 weeks, just to get an agent to talk to. When I got one, I was told to write to them. I told them I sent e mails and also a letter by ordinary post and it is over two months for the e mail and a month has gone by for postal mail. I was told that they will eventually reply. I sent letters of request from me as the petitioner and from my daughter as the benefeciary to the USCIS, CA office, and they sent my letters back to me with a letter attached asking me to use their web site or the help line. So I called the help line and the agent told me the case is now in NVC and I have to write to NVC!

After reading both your posts, i just went in to the US embassy web site in Colombo and found out there is no USCIS field office there. It appears that if there is no USCIC office, then one must write to a USCIS address in Chicago. I am going to do that today.

During the past few months, I have talked to at least half a dozen agents both in USCIS and NVC and only two of them were aware of the CSPA provision that allows a beneficiary whose application was approved under F2B and upgraded to F1 due to parents natuaralization can be converted back to F1 through an opt-out.

Hi

New Delhi Field office has jurisdiction for Sri Lanka also.

see this :

Service Area
The New Delhi Field Office has jurisdiction over U.S. immigration matters in the following countries: Bangladesh, Bhutan, India, Maldives, Nepal, Sri Lanka, Pakistan, and Afghanistan.

See this link: http://www.uscis.gov/about-us/find-u...i-field-office

Thanks

[liberal_always]

Hello Puru & leberal_always,

I am grateful to both of you for the very detailed information provided with a date line. I am very sorry that your son's cases were put on hold. But at least we now know what to do, and as you rightly say we just dont know whom to write to.

My case is also same as yours, only difference is my daughter is in Colombo, Sri Lanka. Her PD is July 2009.

I have called the NVC every day for 3 weeks, just to get an agent to talk to. When I got one, I was told to write to them. I told them I sent e mails and also a letter by ordinary post and it is over two months for the e mail and a month has gone by for postal mail. I was told that they will eventually reply. I sent letters of request from me as the petitioner and from my daughter as the benefeciary to the USCIS, CA office, and they sent my letters back to me with a letter attached asking me to use their web site or the help line. So I called the help line and the agent told me the case is now in NVC and I have to write to NVC!

After reading both your posts, i just went in to the US embassy web site in Colombo and found out there is no USCIS field office there. It appears that if there is no USCIC office, then one must write to a USCIS address in Chicago. I am going to do that today.

During the past few months, I have talked to at least half a dozen agents both in USCIS and NVC and only two of them were aware of the CSPA provision that allows a beneficiary whose application was approved under F2B and upgraded to F1 due to parents natuaralization can be converted back to F1 through an opt-out.

Hi Srie, Thanks for the sympathies... We are agonized by this situation as you can relate !!

"During the past few months, I have talked to at least half a dozen agents both in USCIS and NVC and only two of them were aware of the CSPA provision that allows a beneficiary whose application was approved under F2B and upgraded to F1 due to parents natuaralization can be converted back to F1 through an opt-out" -- Did they inform you the course of action to be taken in this case ??

Thanks!

[Srie]

Hi Srie, Thanks for the sympathies... We are agonized by this situation as you can relate !!

"During the past few months, I have talked to at least half a dozen agents both in USCIS and NVC and only two of them were aware of the CSPA provision that allows a beneficiary whose application was approved under F2B and upgraded to F1 due to parents natuaralization can be converted back to F1 through an opt-out" -- Did they inform you the course of action to be taken in this case ??

Thanks!

Not exactly. What they told me was to write to NVC. No one told me about an approval notice that i should have from DHS. The meaningful information came from you and Puru, not from them. As you can imagine, I am very stressed and in a panic over this matter. The USCIS and NVC agents either do not know the policy they are administering or they do not want to bother finding out these for us. This is a super forum and I thank God that I found you all through it.

Srie

[Srie]

Hi

New Delhi Field office has jurisdiction for Sri Lanka also.

see this :

Service Area
The New Delhi Field Office has jurisdiction over U.S. immigration matters in the following countries: Bangladesh, Bhutan, India, Maldives, Nepal, Sri Lanka, Pakistan, and Afghanistan.

See this link: http://www.uscis.gov/about-us/find-u...i-field-office

Thanks

liberal_always,

Thank you very much, I will write to them. This is what the US embassy in Colombo had in their web site;

"Petitioners residing overseas in countries where USCIS does not have a public counter presence will be required, starting August 15, 2011, to file their Forms I-130 by mail with the USCIS Chicago lockbox."

May be it is for I130 and not for other or for types of immigration issues we currently have. I am glad to see that New Delhi office accomodates Sri Lanka too, at least there is a name of a field officer and an address.

We have to fight for our children's applications and then set a path for others to follow. This has been so far a blind man's journey.

Thanks,

Srie

Thank you very much,