visa previously available

[tvivle 0]

hello everyone. my visa category is f2a. my priority date is march 2003. last feb.2 2008, my visa became available. last march 12, 2009, i received a letter to send the form d230 together with the documents needed. then, i just received the note last april 9, 2009 that my visa is no longer available. can i get the documents back? how long will it be available again? tia

[aaron2020 11,651]

hello everyone. my visa category is f2a. my priority date is march 2003. last feb.2 2008, my visa became available. last march 12, 2009, i received a letter to send the form d230 together with the documents needed. then, i just received the note last april 9, 2009 that my visa is no longer available. can i get the documents back? how long will it be available again? tia

QUOTE (lovey tvivle @ Mar 31 2009, 07:46 AM) *

hello everyone. i would like to ask if im still covered in the CSPA. im already 21 years old last october 2008. my category is F2a. my priority date is march 2003. my visa becomes current last feb. 2, 2008. got the notification to submit d230 last march 12, 2009. im really confused if im still covered or not. pls help me.

You may be out of luck. Please check with a good immigration lawyer. In order for CSPA to apply, a beneficiary must attempt to adjust his/her status within a year. You appear to be outside of that period. This is where a good lawyer may be able to help you. USCIS is a big bureaucracy and probably has several hundreds of thousands of applications, so it is up to the petitioner and beneficiary to notify USCIS when a beneficiary is about to turn 21 years old. USCIS will not contact anyone about aging out.

If CSPA does not apply, you will be moved to the F2b category, LPR petitioning for a unmarried child 21 or older. As a Filipina, you would have to wait another 5 years. If your petitioning parent becomes a US citizen, you will remain in the F2b category unless your parent notifies USCIS that they are a citizen. That's not a good idea because it takes longer for a US citizen to petition for a unmarried child from the Philippines than a LPR (a quirk of the system).

You need a good lawyer to help with your case and to give you all your options.

Edited April 14, 2009 by aaron2020

[aaron2020 11,651]

You failed to adjust your status within one year of your Priority Date becoming current so your petition is considered abandoned. It is the beneficiary's responsibility to contact USCIS if USCIS fails to timely send out the DS-230. I don't know if you can get the visa reinstated as it was USCIS's fault that your DS-230 was sent over a year late. CONTACT AN IMMIGRATION LAWYER. YOUR CASE IS NOW CLOSED.

[tvivle 0]

You failed to adjust your status within one year of your Priority Date becoming current so your petition is considered abandoned. It is the beneficiary's responsibility to contact USCIS if USCIS fails to timely send out the DS-230. I don't know if you can get the visa reinstated as it was USCIS's fault that your DS-230 was sent over a year late. CONTACT AN IMMIGRATION LAWYER. YOUR CASE IS NOW CLOSED.

thanx for the info. we have contact an immigration lawyer just yesterday. hope things work out fine. weve send the iv fee last sept. 17,2008. still no update till last march. so i decided to inquire the NVC through phone and email asking if im still covered in the CSPA and why until now no updates in my case. my dad who is the petitioner was inquiring about the case from the time yet no update as what he have said to me.

[aaron2020 11,651]

You failed to adjust your status within one year of your Priority Date becoming current so your petition is considered abandoned. It is the beneficiary's responsibility to contact USCIS if USCIS fails to timely send out the DS-230. I don't know if you can get the visa reinstated as it was USCIS's fault that your DS-230 was sent over a year late. CONTACT AN IMMIGRATION LAWYER. YOUR CASE IS NOW CLOSED.

thanx for the info. we have contact an immigration lawyer just yesterday. hope things work out fine. weve send the iv fee last sept. 17,2008. still no update till last march. so i decided to inquire the NVC through phone and email asking if im still covered in the CSPA and why until now no updates in my case. my dad who is the petitioner was inquiring about the case from the time yet no update as what he have said to me.

In your previous posts, you left out the fact that you sent in the IV fee last year. That would seem like an attempt to adjust your status; but I am not sure. I think you may have a case now based on this piece of information. Good luck with the lawyer.