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

[Srie]

All,

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,

Hi,

I will write to to the New Delhi office and wish you both Good Luck and God's Blessings for your meetings.

The ignorance and unwillingness to offer exact guidelines to applicants is unbelievable and I cannot fathom how these institutions function.

[liberal_always]

Hi,

I will write to to the New Delhi office and wish you both Good Luck and God's Blessings for your meetings.

The ignorance and unwillingness to offer exact guidelines to applicants is unbelievable and I cannot fathom how these institutions function.

It looks like its the ignorance of our Field Office in New Delhi creating these issues.

Check this Field Office website of Manila:

http://www.uscis.gov/about-us/find-uscis-office/international-offices/philippines-manila-field-office

And scroll down to this section:

Form I-130
U.S. citizens residing in the Philippines may file a Petition for Alien Relative (Form I-130) by coming to the Customer Service window on a walk-in basis. Local filing information for all other individuals may be obtained by calling the Manila Field Office.

Humanitarian Reinstatement requests are processed only for those I-130's that were filed and approved in Manila.

Section 6 of the Child Status Protection Act provides for the automatic transfer of preference categories when the parent of an unmarried son or daughter naturalizes, but also provides the unmarried son or daughter the ability to request that such transfer not occur. Please carefully check the most recent publication of the Department of State Visa Bulletin to determine the preference category that is most advantageous for beneficiaries from the Philippines. All beneficiaries in the Philippines wishing to opt out of the automatic conversion must file a request, in writing, addressed to the Field Office Director, Manila. See the memo entitled ''Section 6 of the Child Status Protection Act'' for more information.

They have it clearly outlined that such a request has to be made at the USCIS Field Office.

What on earth do we have to do to get the office in New Delhi to review this and respond to our requests rightfully....

[Best]

It looks like its the ignorance of our Field Office in New Delhi creating these issues.

They have it clearly outlined that such a request has to be made at the USCIS Field Office.

What on earth do we have to do to get the office in New Delhi to review this and respond to our requests rightfully....

It is clearly mentioned that they were using Manila as example and in future the guidance provided in this memorandum should be extended to other countries also
see these lines in file cspa_sec6_32304.pdf.

--------------------------------------------------------------------------
"As such, it is anticipated that only beneficiaries from the Philippines will seek to take advantage of the CSPA and this memorandum will be written using our office in Manila as an example. Should future visa availability dates adjust such that other countries have more advantageous second preference category dates than first preference category dates, the guidance provided in this memorandum should be extended to those countries.

U.S. Citizenship and Immigration Services personnel with questions regarding this memorandum should raise them through appropriate supervisory channels and contact Elizabeth N. Lee via electronic mail.
------------------------------------------------------------------------


Thanks

[puru444]

There is a HOPE alive!!

First of all I would like to thanks million times to Liberal_always for sharing with me an outstanding piece of info which really did a miracle today.

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2004/cspa_sec6_32304.pdf

Everybody, kindly attention that this Interoffice Memorandum is a solid evidence to keep ur voice on them. Here, what happened with me today when I visit the USCIS/DHS Field Office at US Embassy New Delhi.

I took an appointment at 9AM and got an infopass. Luckily, there are very few people waiting to visit USCIS/DHS Field Office and I was the first one. There was the same indian lady behind the window. I have told her my purpose for visit and gave her a quick brief history of my case since I-130 filed to the present day. She said that this Field Office has No Jurisdiction over this matter, and advised that I need to contact USCIS in USA. I persuade her to read this Inter-Office Memorandum thoroughly rather than giving me same excuse again and again. Somehow, she didnt refused when she read the whole text and told me to wait. She will send his senior authorized person to look after this matter as soon as he arrives. I did wait for an hour till 10 AM, then she came back and asked my present age and the age when my father filed an I-130 in 2008.

After 5-10 minutes there was an Indian Officer (his senior authorized person) called me up and he said this doesn't implies if I was over 21 of age. He seemed to be a bit confused with this CSPA law, moreover he didnt know at all about this OPT-OUT clause under CSPA. Then I clarified him that there are 2 types of clauses under CSPA which were instated in 2002 when it became the LAW. I gave him the reference that how its been exercised in Philippines, I showed him the print out of Roman P. Masqueda's website article where he mentioned everything in detail. Here's the link: http://www.mosquedalaw.com/IMM%20132.htm

I did made him clear about everything about CSPA in detail, there was a long discussion started between us which was later turned out in arguments lolzz ....
I think he did realize the fighting extinct with that frustration on my face and the desperation with my confident replies which I was giving him non-stop. I was there to speak, speak, speak, speak ......... and speak!!

He read that Inter-office Memorandum and CSPA memorandum, here's the link of USCIS CSPA memorandum: http://www.uscis.gov/sites/default/f...pa_30apr08.pdf

He then understood my situation, in fact he learned a new thing today and told me if there's such a law exists and this is how is supposed to be done in prescribed manner to perform this procedure, then we should and we will follow it. He advised me to write an Opt-out Approval Letter request in writing enclosed with this Inter-office memorandum + NVC letter, the one they sent my father last year where my category showed up as an F2B + Roman P. Masqueda's article print out for the reference + Photocopy of my passport + Interview Letter, which I have received from NVC.

I wrote the letter and put my request for the issuance of opt-out Approval Letter from USCIS/DHS & mentioned these enclosed documents too in that letter as per his instructions. I mentioned my mobile number, my e-mail and a deadline that I need it before my Interview. He gave me an assurance that he will discuss the matter with higher authority and send this hand written letter along with those supporting documents and try hard to obtain this Approval Letter which I needed the most.

I was relieved that finally I have found somebody for this matter whereas it was totally blank with hopeless situation from past few days. I hope they will issue me this "Opt-out Approval Letter" soon. This Officer seems to be a nice person who listens you politely and take appropriate action under his authority.

All you people out there, I advise you to send your beneficiaries directly to USCIS/DHS Field Office at New Delhi Embassy asap in this matter. Tell them to carry all the documents you people have and DONT forget to bring this "INTER-OFFICE MEMORANDUM" issued by USCIS. This piece of document says everything, USCIS has already given the orders to all overseas field offices in this regard.

They are obliged to do it and they can't refuse this. They will try to make it happen, if it is first time for them then there is always the first time for everything in life!!

Best of Luck to all of you!!

[fezangee]

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

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.

Hi Srie,

I just came across this forum today as I just noticed that F1 are moving slower than F2B. I saw that you have been writing in this forum since last year. My priority date is April 2009 and I converted my status from F2B to F1 when I became citizen in 214. The current priority dates are as follow

F1 - NOV 2007
F2B- NOV 2008

My question is that after all of your research, what do you think that I should do. Should I convert back from F1 to F2B?

Please advise.

Thank you,

[Srie]

F2B is one year ahead of F1

Hi Srie,

I just came across this forum today as I just noticed that F1 are moving slower than F2B. I saw that you have been writing in this forum since last year. My priority date is April 2009 and I converted my status from F2B to F1 when I became citizen in 214. The current priority dates are as follow

F1 - NOV 2007
F2B- NOV 2008

My question is that after all of your research, what do you think that I should do. Should I convert back from F1 to F2B?

Please advise.

Thank you,

Fezangee,

As you can see, there is a one year gap for F1 to just catch up with F2B. Since your priority date is April 2009, my opinion is it is better to opt out from F1 to F2B. That way the NVC will send you the documents now. Usually they send the documents ahead for applications that are going to be current in the next one year or so. But if you read Puru's and liberal_always posts here, you can see that NVC changing your visa category to F2B back does not necessarily complete the process. looks like we still have to write to DHS office and get an 'approval notice'.

All the best, Srie

[Srie]

It is clearly mentioned that they were using Manila as example and in future the guidance provided in this memorandum should be extended to other countries also
see these lines in file cspa_sec6_32304.pdf.

--------------------------------------------------------------------------
"As such, it is anticipated that only beneficiaries from the Philippines will seek to take advantage of the CSPA and this memorandum will be written using our office in Manila as an example. Should future visa availability dates adjust such that other countries have more advantageous second preference category dates than first preference category dates, the guidance provided in this memorandum should be extended to those countries.

U.S. Citizenship and Immigration Services personnel with questions regarding this memorandum should raise them through appropriate supervisory channels and contact Elizabeth N. Lee via electronic mail.
------------------------------------------------------------------------


Thanks

Best,

Thank you for the link explaining that Sri Lanka comes under the New Delhi office's jusridiction for USCIS/DHS. Have you received the NVC letter informing of opt out from F2B to F1 ?

Going Puru's experience, i am wondering whether I should wait till NVC replies to my mail before writing to the New Delhi office.

Thanks,

Srie

Srie

[Srie]

Should we write to USCIS/DHS office before NVC updates the record ?

Puru,

It is now two months for my e mail to NVC and nearly a month for my postal mail request to NVC. I am wondering whether I should just write to DHS in New Delhi reagrdless of the fact that NVC is taking god knows how long to reply to an e mail.

What do you think ?

Thank you very much for sharing your experience and all the necessary links.

Regards,

Srie

[puru444]

You Need to make an Opt-out request to both, separately.

Puru,

It is now two months for my e mail to NVC and nearly a month for my postal mail request to NVC. I am wondering whether I should just write to DHS in New Delhi reagrdless of the fact that NVC is taking god knows how long to reply to an e mail.

What do you think ?

Thank you very much for sharing your experience and all the necessary links.

Regards,

Srie

Whether you inform NVC first to change ur category there or you obtain the Opt-out approval letter first from DHS/USCIS. There is no particular sequence you have to follow, if NVC taking so long. Then, you better start contacting DHS/USCIS side by side, as you can see our situation and I have mentioned it before that a beneficiary must contact both NVC and USCIS separately.

Don't wait for NVC's action, tell your daughter to send an e-mail to New Delhi USCIS field office and Colombo embassy. And tell her to mention that Sri Lanka also covers under New Delhi's field office only. If possible then you should personally call New Delhi Field office by phone and tell them everything about ur situation that there's no USCIS field office in Sri Lanka. And don't forget to mention about Inter-office memorandum issued by USCIS, they might deny you but keep telling them about this Opt-out clause under CSPA law.

Sooner or later you have to contact USCIS too for this approval letter so why don't you get started now. Even better if you obtain approval letter before the NVC make any change in ur category. Your daughter will later send an e-mail to NVC enclosed with scanned copy of Approval letter and then NVC will be obliged to change ur category immediately.

They are 2 different departments: Department of Homeland Security where USCIS works as an agency under this department and has an authority to grant approval or denial decisions over immigrant petitions filed at USCIS.

Whereas, NVC and other Visa Issuance Units at overseas embassies/consulates works under Department of State. DOS has an authority to publish Visa Bulletin every month by budgeting the visa numbers as prescribed by the law.

Therefore, as per my knowledge and experience with all this Opt-out procedure. There are 2 different entities where we have to deal with individually, since there's a loophole in their system and they are not even coordinating with each other especially in this Opt-out matter. We have to be very very cautious while dealing with them, therefore don't wait for any reply from NVC. At least we know that sooner or later NVC will change the category from F1 to F2B as they perfectly did with me, liberal_always and Mr. John (perhaps, the first one who got refused during the interview) but what we don't know is about this DHS/USCIS approval letter.

I advise you to contact DHS/USCIS for approval letter which is the only most important document required in this procedure. God knows if ur daughter gt lucky and received this Approval Letter first then NVC will definitely change your category because it has to do it.

[Best]

Best,

Thank you for the link explaining that Sri Lanka comes under the New Delhi office's jusridiction for USCIS/DHS. Have you received the NVC letter informing of opt out from F2B to F1 ?

Going Puru's experience, i am wondering whether I should wait till NVC replies to my mail before writing to the New Delhi office.

Thanks,

Srie

Srie

Hi Srie,

Yes , We received from NVC converting from F1 to F2B. We are waiting for Interview. Meanwhile we will write to USCIS Delhi office for Approval letter.


Siva

[fezangee]

Fezangee,

As you can see, there is a one year gap for F1 to just catch up with F2B. Since your priority date is April 2009, my opinion is it is better to opt out from F1 to F2B. That way the NVC will send you the documents now. Usually they send the documents ahead for applications that are going to be current in the next one year or so. But if you read Puru's and liberal_always posts here, you can see that NVC changing your visa category to F2B back does not necessarily complete the process. looks like we still have to write to DHS office and get an 'approval notice'.

All the best, Srie

Srie,

I called NVC today and spoke to their representative. The rep wasn't that knowledgeable so he had to put me on hold and get hold of his supervisor. My questions were as follow:

1- If my father (the petitioner) filed the case for my brother with F2B status and converted to F1 when he received his citizenship, does he have an option to move back to F2B?
2- Do we have to write to DHS or USCIS in order to make the change in status?

The rep wasn't that knowledgeable so he had to put me on hold and came back with someone else in the background to answer my questions: Answers are as follow:

1- Yes; the petitioner has one more opportunity to convert the status back to F2B. After moving to F2B, he will not be able to move back to F1. This is to prevent people to keep switching back and forth.
2- No, my father doesn't have to write to DHS or USCIS. Simply write to "[email protected]" and let us handle the conversion. No need to contact anyone else.

Now my question is that per your experience, is that sounds correct piece of information? Or does it contradict with your experience dealing with them? or do you suggest that I should write to DHS anyway to get it done correctly? Also, how should I contact DHS? by mail, by email, or by phone? What is their address? what is their phone number? or what is their email address ?

Please advise asap so I can act soon.

Thank you,

[puru444]

Don't trust NVC over this matter.

Srie,

I called NVC today and spoke to their representative. The rep wasn't that knowledgeable so he had to put me on hold and get hold of his supervisor. My questions were as follow:

1- If my father (the petitioner) filed the case for my brother with F2B status and converted to F1 when he received his citizenship, does he have an option to move back to F2B?
2- Do we have to write to DHS or USCIS in order to make the change in status?

The rep wasn't that knowledgeable so he had to put me on hold and came back with someone else in the background to answer my questions: Answers are as follow:

1- Yes; the petitioner has one more opportunity to convert the status back to F2B. After moving to F2B, he will not be able to move back to F1. This is to prevent people to keep switching back and forth.
2- No, my father doesn't have to write to DHS or USCIS. Simply write to "[email protected]" and let us handle the conversion. No need to contact anyone else.

Now my question is that per your experience, is that sounds correct piece of information? Or does it contradict with your experience dealing with them? or do you suggest that I should write to DHS anyway to get it done correctly? Also, how should I contact DHS? by mail, by email, or by phone? What is their address? what is their phone number? or what is their email address ?

Please advise asap so I can act soon.

Thank you,

I don't know why did he said this: No, my father doesn't have to write to DHS or USCIS. Simply write to "[email protected]" and let us handle the conversion. No need to contact anyone else.

It will create a problem later when ur brother will go to interview and consular officer will ask him to show the Opt-out Approval Letter. As per Law, only DHS/USCIS has the jurisdiction to give approval for Opt-out from F1 to F2b. Consular officer will not cooperate with your brother and won't listen to him at all, he will strictly follow the rules prescribed by law. He has to justify his action as well that why did he grant a visa to the son of US Citizen under F2B, only this Approval letter helps you to solve this problem.

[deadman]

Hiring Immigration Lawyer

My question is that I lives outside of USA and now currently waiting for the priority date to be current, Can I hire a lawyer in my current country who acts as Agent of my choice instead of my petitioner who doesn't know much about all this immigration stuff, or I have to only select a lawyer within USA, who will communicate with the NVC for further procession on my case?

Plus one more question The unusual speed of F2B category which is going great guns and out numbered the F1 category how long this will gonna remains on the same speed or the sides will be turn upside down like the good old days where F1 remains of top no?

[puru444]

My opt-out Approval Notice has been Issued!!

Guys, a quick update!!

I have just received a phone call from USCIS New Delhi Embassy. She said that my Approval letter has been issued and they will mail me soon but I have told her that I will personally come to pick my Approval Notice.

[Srie]

Wonderful News!

Guys, a quick update!!

I have just received a phone call from USCIS New Delhi Embassy. She said that my Approval letter has been issued and they will mail me soon but I have told her that I will personally come to pick my Approval Notice.

Puru,

Thanks for the update, and your adivice throughout. Good Luck and God Bless.

Srie