All F3s

[Feb2003]

Hello everyone
I'm new here and wish u guys can give some information

My grandmother (a US citizen) filed a I 130 petition for my mom ( married daughter over 21) in September 2004

My question is
If the :
1- proiroty date is : September 2004
2_aprroval date is : December 2009

When will the visa become available?

And if my birthday is 17/04/1989

Will I be granted a visa with my mom as a derivative?

Our F3 is under rest of the world and current date is 15/may/2003

Thank you

Hi zadi, welcome to F3 forum.

Using the myprioritydate.com website to estimate when your priority date will become current - it states your priority date will become current in 2016. If that is the case, your age at that time will be 27. CSPA formula: Age when priority date becomes current - time taken to approve case: 27-5=22. If the priority dates move as expected you would have aged out by 2016 as you would be over 21.

There are certain things that may work to your advantage: 1. Passing the Immigration Reform Bill (with this approved cases would be cleared quickly) and you would benefit from this if the bill is passed as is. There are no guarantees it will remain as is. 2. The ability to retain original priority date if you age out. There is a case pending in the US Supreme which will be tried in June 2014. If the applicant wins this case it may positively affect the CSPA law, which would allow persons who have aged out to retain their original priority date.

Hope this helps.

Best regards

[zadi]

Hi zadi, welcome to F3 forum.

Using the myprioritydate.com website to estimate when your priority date will become current - it states your priority date will become current in 2016. If that is the case, your age at that time will be 27. CSPA formula: Age when priority date becomes current - time taken to approve case: 27-5=22. If the priority dates move as expected you would have aged out by 2016 as you would be over 21.

There are certain things that may work to your advantage: 1. Passing the Immigration Reform Bill (with this approved cases would be cleared quickly) and you would benefit from this if the bill is passed as is. There are no guarantees it will remain as is. 2. The ability to retain original priority date if you age out. There is a case pending in the US Supreme which will be tried in June 2014. If the applicant wins this case it may positively affect the CSPA law, which would allow persons who have aged out to retain their original priority date.

Hope this helps.

Best regards

Hi and thanks a lot for ur replay

So as I understand you say that I can retain my mom priority date if the bill is approved

That sounds good

1-But does that mean that mom will go there then file a potion for me as unmaried child above 21?

2- as I use cspa calculator it says that the current date must be before 5/2015 if I want to pass with my mom

Can the priority date be current before that?

3- if it does become current at 5/2015 will I be granted cspa even tho the interview would be 2 months after 5/2015?

Thanx alot

[hfsitumo2001]

There are 2 sessions in interview at consulate within that 10-12 minutes.


1st session is for document collection (3 minutes)
consular officer: Give me photocopy of all the civil documents.
me: Sir, I have already submitted all the civil documents with 2 sets of photocopies to the NVC. My interview appointment letter clearly tells that i do not require to submit any civil documents or photocopies at the interview as NVC had already sent it all to you(Consulate). I have come with only my interview letter, my passport, DS260 confirmation page(which was stamped by officers at fingerprinting location a day earlier) & proof of relationship with petitioner (old-recent photographs & e-mails).
Consular officer: U are absolutely correct. Wait for 2 mins. and then go to window no.ZZZ.

2nd session is for Q&A (5-7 minutes). There are very simple and few questions only & only based on details already given in ds260.
QUESTIONS TO MAIN APPLICANT
- Who is ur pititioner? (My Father)
- How many brothers & Sisters u have? Where are they? (one Brother, in US with father)
- what is your 1st child's Age? (10)
- What is your 2nd child's Age? (2)
- What is your Maternal grandmother's name? ( YYYY XX)
- How many persons are living in the house with ur father? (X)

QUESTIONS TO SPOUSE
- What is your Maternal grandmother's name? ( YYYY YYYY XX)
- What is ur proffession (Insurance Broker)
- What is ur father's full name? ( YYYY YYYY )
- What is ur Mother's full name? ( YYYY YYYY )


A mystrical pause for 2 minutes & then
Consular officer: Congratulations, Ur visa has been approved. You need to pay an immigrant fees of $165 before travelling to the United States of America. U will find all the information regarding that in this paper. ( Handed a single information page).



even i didnt believed it will be so simple and quite short interview.
(i think one thing is sure that u must be clear about ur (1)Documents sent to NVC (2) Details provided by us in DS260.)

Thank you very much Clearvision for sharing us your interview experience. Is that interview in English or in your local language. Is the interview room between principal applicant and spouce in a separate room?. My wife is a main applicant, I am affraind she can not answer because she does not know English very well. If we are in the same room, may be I can help to translate it into our local language.

Thanks for your info.

Frank
Jakarta

[Feb2003]

Hi and thanks a lot for ur replay

So as I understand you say that I can retain my mom priority date if the bill is approved

That sounds good

1-But does that mean that mom will go there then file a potion for me as unmaried child above 21?

2- as I use cspa calculator it says that the current date must be before 5/2015 if I want to pass with my mom

Can the priority date be current before that?

3- if it does become current at 5/2015 will I be granted cspa even tho the interview would be 2 months after 5/2015?

Thanx alot

1. Yes your mom would go and then file for you as unmarried child above 21.

2. No one can tell if priority date will be current by 2015. We can only hope and pray for a miracle.

3. If your cspa age is 21 or below at the time your priority date becomes current you will be granted cspa consideration. If you cspa age is even 1 month above 21 you will not be granted cspa consideration.

This is to the best of my knowledge. If someone has more information that can help, please advise.

Best regards

Supreme Court to Rule on CSPA Priority Date Retention

The U.S. Supreme Court heard oral arguments in the case of Mayorkas v. De Osorio last December 10. The Court’s decision is expected by June 2014 and will have far-reaching implications to derivative beneficiaries of family-based preference petitions.

Under immigration law, parents who are the principal beneficiaries of a family based preference petition can include their unmarried children under 21 as derivative beneficiaries. Family based preference petitions fall under four categories, namely, F1 (unmarried sons and daughters of U.S. citizens), F2A (spouses and minor children of lawful permanent residents (LPRs), F2B (unmarried sons and daughters of LPRs), F3 (married sons and daughters of U.S. citizens) and F4 (brothers and sisters of U.S. citizens).

There is a waiting period for a visa to become available because of the problem on visa backlog. The waiting period differs depending on the category and the country of chargeability; it can be decades for some countries such as Mexico and the Philippines. For example, the F4 category for the Philippines has a current priority date of July 1, 1990. Once a visa becomes available, the child who turns 21 years old “age-out” and can no longer join the parents as derivative beneficiaries. The Child Status Protection Act (CSPA) was enacted in 2002 to address this problem.

Under the CSPA, when a visa number becomes available, the amount of time the petition was pending before the USCIS is deducted from the child’s actual age. If the adjusted age of the child is under 21, the child may join the parents as derivative beneficiary. If not, the petition shall “automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.”

This way the aged-out children won’t have to go to the back of the line for a new family-based preference category. They will be credited for the lengthy period they already waited with their parents.

The case of Mayorkas v. De Osorio involves Cuellar de Osorio who was the primary beneficiary of an F3 petition of her U.S. citizen mother. Her son was thirteen years old when the petition was filed in May 1998. When a visa became available in November 2005, her son aged out and became ineligible for an immigrant visa. She filed for an F2B petition for her son in 2006 and requested that her son’s 1998 priority be retained. The USCIS denied her request.

She appealed to the Ninth District Court which decided the case in her favor. The court ruled that the CSPA provides for the automatic conversion of the petition and priority date retention of all derivative beneficiaries of family based preference petitions. The Government appealed the decision to the U.S. Supreme Court.

The Government contends that the language of the CSPA law is ambiguous and the decision of the Board of Immigration Appeals (BIA) in Matter of Wang 2009 should be given deference by the court. In that case, the BIA ruled that the automatic conversion of the petition to F2B and the retention of the priority date only applies to F2A petitions.

A bipartisan coalition of current and former U.S. Senators filed a legal brief with the Supreme Court last November 4 and explained that the language of the CSPA is clear; it benefits all derivative beneficiaries of family based preference petitions. It further stated that “Only through the broad coverage of all derivative beneficiaries could the CSPA effectively protect family unity and award credit for the years that families had waited.” It went on to conclude that “Congress has enacted a law that is clear on its face; the agency must act to faithfully carry it out.”

Once the Supreme Court resolves this case, it will finally put an end to the long-standing legal saga involving the CSPA provision allowing age-out children to retain their original priority dates.

[pike]

Thank you very much clearvision for sharing your interview experience. Much appreciated.

[clearvision]

Thank you very much Clearvision for sharing us your interview experience. Is that interview in English or in your local language. Is the interview room between principal applicant and spouce in a separate room?. My wife is a main applicant, I am affraind she can not answer because she does not know English very well. If we are in the same room, may be I can help to translate it into our local language.

Thanks for your info.

Frank
Jakarta

Hi hfsitumo2001,

The interview was scheduled in my local language. An interpreter was present there with the consular officer.
All 4 of us are on the same window together.
We both were questioned simultaneously & we also answered 1-2 questions for one-another. The consular officer was OK with it.

Best regards.

[tabby]

Any updates guys? I think people will start receiving their visa interview date from next Monday..

[Imran0448]

Any updates guys? I think people will start receiving their visa interview date from next Monday..

Today,I recevied email stating that nvc has received information u submitted and placed in your file. you will be intimated when your petition is sent to US embassy for further processing.

Tabby ji did u receive the similar type mail?

[tabby]

No buddy..i received email like

NVC Case Number: BMB2009

Dear Sir or Madam:

The National Visa Center has received all documentation necessary to complete pre-processing
of your case. As soon as an interview date has been scheduled, the applicant, petitioner
and attorney (if applicable) will be notified.

The applicant should NOT make any travel arrangements, sell property, or give up employment
until the US Embassy or Consulate General has issued a visa.

The US Embassy or Consulate General may require additional documentation at the time of
the interview. Additional documentation requirements if applicable can be referenced at
the following URL: http://travel.state.gov/visa/immigrants/info/info_3742.html

Sincerely,

Director
National Visa Center

[Bubu19/09/2003]

Today,I recevied email stating that nvc has received information u submitted and placed in your file. you will be intimated when your petition is sent to US embassy for further processing.

Tabby ji did u receive the similar type mail?

Probably means that the birth certificate you submitted on Dec 18, has only just been received. You would then have to give them at least 30 days to review before giving you a 'case complete' status. Wao.. despite your PD already being current, you still have a bit of a wait. Grr.. can't stand that.

Thanks Clearvision for the interview summary, it helps. FEB2003, It must be awful still waiting for an interview date when Clearvision whose PD was just after yours, has already received the Visa. Not to worry, i think you are up next.

Couple of things I would like everyone's opinion on though. First, for those of us expecting AOS and Choice of agent notification, looking at my table, it would appear that the qualifying period/date for sending these is every 6 - 8months. Zikh (PD:10/01/2003) received his notification in July 2012, while Kamran (PD:22/01/2003) obtain his in January 2013. (6 MONTHS AFTER). Feb2003 & Clearvison (PDs: February 2003) obtained theirs in August 2013 (7 MONTHS AFTER), just like Sasif, Pike, Diva, (PDs: March 2003) Imran0448, Puddy, (PDs: April 2003) & Hfsitumo, Tabby (PDs: May 2003). Hence from my previous analysis, this one and an educated point of view, I predict the next AOS and Choice of agent notifications will be 6 or 7 months after the last batch, which was in August 2013, and it should cover PDs up to 4 months from the last VB. Simply put, between February and March 2014, those of us with PDs between May 15, 2003 and Sept 22, 2003, should expect to start receiving the AOS and Choice of Agent notifications. What do you think?

Secondly, for those who have paid either or both the AOS and IV fees, how did you do it? Did you pay using your own debit or credit cards drawn on your banks, or did your payments have to be drawn on US banks. Taz70, if you are reading this, i'd really like your input since you were previously living in the UK, where I am presently based. I ask because I've made payments or bought things from the US quite easily from my debit/credit cards and need to know if this will be accepted in paying the IV fees, rather than thinking of sending the fees to my petitioner, incurring several charges and delaying the process. Any ideas guys?

Finally, I received confirmation from my petitioner that she had paid the AOS fee since February 2010 and has already scanned the receipt to me. She did not however get the choice of agent notification hence what is the implication of this? Does this mean we wont have to send another AOS form to the NVC?

So guys, what is your take on all of these and keep the forum buzzing.

[tabby]

Imran r u complete with case ?

[Imran0448]

Imran r u complete with case ?

Yes yesterday I called nvc they said so

[tabby]

Thts good..all the very best..we all might get visa call very soon in couple of weeks

[Imran0448]

May our wishes come true

[sept042003]

I just recived e-mail from NVC to pay fee for affidavit of support and COA! Finally

Thts good..all the very best..we all might get visa call very soon in couple of weeks

I just recived e-mail from NVC to pay fee for affidavit of support and COA! Finally