merging of 2b and 3rd category

[jay71]

My in-laws filed for immigration visa for my sister-in-law under 2b Category, in 2001 (Unmarried children of LPR). In 2006, they again filed with the changed status , married children of USC. The attorney, asked for cancelleation of case filed in 2001. We were unaware of the law providing opportunity to convert 2b to 3rd category with the same priority date.

Fortuntely, NVC did so . They merged both the cases and hence, my sister-in-law received interview call @ US embassy in Mumbai. However, just a week prior to interview date, they cancelled the file with the reason that it is 2B Category and they can not proceed !!!

What are our options to resolve this ?

[daru786]

Once she got married, the case is automatically closed. They had to re-file a new petition. Now if they did file a new petition after she got married, you should have two application numbers. If you have two different application numbers, check the status of the second petition. I personally don't believe that the priority date could have been transferred.

[jay71]

thank you daru786. that seems to be the case. I had read the file gets converted to 3rd category. I wonder how it reached upto the stage of interview call.

[daru786]

thank you daru786. that seems to be the case. I had read the file gets converted to 3rd category. I wonder how it reached upto the stage of interview call.

In cases where the petitioner become USC from LPR, that's when some categories change and PD is transferred.