F2B, Filipino, CSPA

[DocCaps 0]

Good day to ALL!

Im a recent registrant with visajourney but i have been a lurker for quite some time and saw that Visajourney as one of the most site with knowledgeable and helpful members out there.

Hope you could help me with this one.

Basic Info:

I130: August 1999

Class: F2B

DS3032: Received and Sent- Dec 2009

AOS: Received and Sent- March 2010

Visa fee bill: Received today

Country: Philippines

Petitioner's Citizenship: US (naturalized after the CSPA was passed)

Since the current Priority Date under F2b is March 1999 and moving, I'd guess it will be the start of the main process.

My question is related to the automatic conversion of the class from F2b to F3 after the US naturalization of the petitioner. Specifically about "opt- out" clause provided by the CSPA. Is this an automatic "opt-out" or do we need to actively write the NVC with regards to this.

Any info will be highly appreciated.

Thanks

[ekto 4]

Good day to ALL!

Im a recent registrant with visajourney but i have been a lurker for quite some time and saw that Visajourney as one of the most site with knowledgeable and helpful members out there.

Hope you could help me with this one.

Basic Info:

I130: August 1999

Class: F2B

DS3032: Received and Sent- Dec 2009

AOS: Received and Sent- March 2010

Visa fee bill: Received today

Country: Philippines

Petitioner's Citizenship: US (naturalized after the CSPA was passed)

Since the current Priority Date under F2b is March 1999 and moving, I'd guess it will be the start of the main process.

My question is related to the automatic conversion of the class from F2b to F3 after the US naturalization of the petitioner. Specifically about "opt- out" clause provided by the CSPA. Is this an automatic "opt-out" or do we need to actively write the NVC with regards to this.

Any info will be highly appreciated.

Thanks

Hi DocCaps,

Here is the info I got from US Embassy Manila Website.

Hope this info answers your query.

http://manila.usembassy.gov/wwwh3201.html

Q. What happens if a petition is filed by a Legal Permanent Resident (F2A or F2B) and the petitioner becomes a U.S. citizen before the applicant is called for an interview?

For F2B applicants (unmarried son/daughter of a permanent resident), their F2B petitions are automatically converted to the F1 category retaining the original priority date when their petitioners naturalize. Because of unique circumstances, the waiting period for the F1 category is longer than the F2B category in the Philippines. However, under Section 6 of the Child Status Protection Act (CSPA), the applicant (not the petitioner) can request exemption from the automatic conversion of the visa category from F2B to F1 by submitting to the Department of Homeland Security/U.S. Citizenship and Immigration Services (DHS/USCIS) a written statement that he/she elects to have such conversion revoked. The applicant may send the written request for retention of his/her F2B category to the DHS/USCIS office in Manila by fax at 301-2208 (Attn: Officer-in-Charge) or by mail: DHS/USCIS, U.S. Embassy, 1201 Roxas Blvd., Ermita, Metro Manila 0930.

[andresbonifacio 7]

my aunt and uncle had to do this last year (opt-out by writing the embassy).

[DocCaps 0]

Thank you very much Ekto for the info.

Was also able to get more data overnight.

I'd like to ask though if anyone have a sample format or a sample of the letter we need to send. Can I send this anytime of the processing stage?

Thank you very much!

Caps

[ekto 4]

Thank you very much Ekto for the info.

Was also able to get more data overnight.

I'd like to ask though if anyone have a sample format or a sample of the letter we need to send. Can I send this anytime of the processing stage?

Thank you very much!

Caps

For me, i think it is best if you could send the mail as soon as possible, so that the embassy can update your file.

Well, this is only my opinion since your priority date will come out soon.

Sorry, but I don't have any sample letter.

The embassy doesn't require you to write a fancy one. A simple and brief one, with all necessary informations are needed on the letter.

Some important informations are :

your full name,case no, priority date, petitioners name,petitioner's date of naturalization etc.

Anyways, they will answer back if they need additional docs or information from you.

Usually, they have an acknowledgement receipt that they already receive your docs.

Make sure you have your return address, tel no and email ad on your letter.

You can also call the embassy after 2 weeks to check if your file is already been updated.

goodluck.

[DocCaps 0]

For me, i think it is best if you could send the mail as soon as possible, so that the embassy can update your file.

Well, this is only my opinion since your priority date will come out soon.

Sorry, but I don't have any sample letter.

The embassy doesn't require you to write a fancy one. A simple and brief one, with all necessary informations are needed on the letter.

Some important informations are :

your full name,case no, priority date, petitioners name,petitioner's date of naturalization etc.

Anyways, they will answer back if they need additional docs or information from you.

Usually, they have an acknowledgement receipt that they already receive your docs.

Make sure you have your return address, tel no and email ad on your letter.

You can also call the embassy after 2 weeks to check if your file is already been updated.

goodluck.

Thank you very much sir ekto... You have been of great help...

[pampanga_boy 0]

Hello sir/s. Hope I can get advice on some questions I have. My priority date is 15APR2000, F2B, which was filed by my dad in the US immediately upon arriving in the US as a permanent legal resident. After 5 or 7 years, he decided to become a US citizen. We (w/ my brothers) have received the 1st letter this year and already submitted the DS-230 form. Anyway, about the opting out thing, should I write the NVC stating my intention to opt out of conversion to F1 eventhough I haven't yet received notice about this opting out thing? thanks po. I'm having a little bit of anxiety because I see that the Aug2010 bulletin for F2B is already 15Aug2001 ata and ours is 15APR2000. hope somebody can give me advice.

[andresbonifacio 7]

Hello sir/s. Hope I can get advice on some questions I have. My priority date is 15APR2000, F2B, which was filed by my dad in the US immediately upon arriving in the US as a permanent legal resident. After 5 or 7 years, he decided to become a US citizen. We (w/ my brothers) have received the 1st letter this year and already submitted the DS-230 form. Anyway, about the opting out thing, should I write the NVC stating my intention to opt out of conversion to F1 eventhough I haven't yet received notice about this opting out thing? thanks po. I'm having a little bit of anxiety because I see that the Aug2010 bulletin for F2B is already 15Aug2001 ata and ours is 15APR2000. hope somebody can give me advice.

Im not sure if its the NVC that you need to contact, I think my uncle and aunt sent a letter to the US Embassy and not NVC. Sorry, I can't verify it right now, they're currently in a plane on the way back here in CA.

[RiaTan 5]

email nvc at, NVCInquiry@state.gov

give them the following infos and in the email asked whats the status of your case. i think they process u still as f1 upon naturalization of your parent/s not f2b. upon naturalization case will processed as f1/f2b but with opt out election by you the beneficiary you will retain as f2b but w/o it you are f1.

case no.

beneficiary's name

beneficiary's birthday

petitioners name :

petitioner's bday

[RiaTan 5]

hi just wanna ask the update on this.. i hope you guys are okay with opt out...

[busywoman 0]

My daughter had to "opt out" too because on the day of her interview, she was advised by the CO to write a letter to stay in the F2B category since I became a US citizen a little over a year ago. It has been about two weeks now and there's no update yet. She's done with the interview as well. The only thing that caused her delay was th "opt-out" letter. How long does it take for them to update and issue the visa? Thanks!

[RiaTan 5]

busywoman,

it takes 3-4 weeks before USCIS approved the opt out...

i dunno the process if theres interview already but heres the process for no interview yet

opt out letter to us embassy

aftter 2-3 weeks they will send checklist that includes cenomar, naturalization cert, lettter with case no. or notice of action.

after you send those..give them 3-4 weeks...

basically you may send the docs right ahead to lessen the waiting..

and its a month for them to apporved but dependd if they will ask those documents i stated above...

take care...

[rayana 0]

im having the same issue with the opt-out,i send opt out request twice in US embassy manila but unfortunately it was twice denied because of lack of doc. they were looking for i797c im afraid i was not able to keep though i will try to send additional papers from NVC containing my case number a proof of my correspondence with the NVC for my third letter of opt out..i wish it will be approved this time...im f2b priority july2003 visa bulletin now is jan2002..

[apple21 953]

im having the same issue with the opt-out,i send opt out request twice in US embassy manila but unfortunately it was twice denied because of lack of doc. they were looking for i797c im afraid i was not able to keep though i will try to send additional papers from NVC containing my case number a proof of my correspondence with the NVC for my third letter of opt out..i wish it will be approved this time...im f2b priority july2003 visa bulletin now is jan2002..

Notice of Action 2 (Approval Notice) is vital when filing for Opt Out. If you don't have a copy you can request for a new one from USCIS.

[ME_RHEDZ77 269]

Hello sir/s/ma’am. Hope I too can get an advice on some questions I have. I’m a recent registrant with VisaJourney. My priority date is 28APR2003, F2B, which was filed by my dad immediately upon arriving in the US as a permanent legal resident. In 2008, my father’s employer filed a petition on my behalf as H1B and luckily was picked by the lottery, and came into U.S. on Sept. ’08.

Sometime in year 2009 or 1st quarter of 2010 I got info’s from friend and relative that my father can apply for Naturalization since they are already more than 7 years of stay. I told them that, all I know it will affect my petition and my category as F2b will be change to F1. Then they told me that there’s a new law under the CSPA and my friend referred me to the link as mentioned by sir ekto and this link for this topic for more information if it will affect my category if my parents Naturalize. I was convinced with the information and advice my dad that they can apply Naturalization and his petition for me will not be affected as long as I will have a written statement to the DHS/USCIS that I elect to have such automatic conversion be revoked.

Aug 2010 my father Naturalized. After his Naturalization, a cousin of my dad advice us to file a form I-824 “Application for Action on an Approve Application or Petition” since he Naturalized. Together with this I-824, I made a letter and stated my intention to elect of such conversion revoked “opt-out” and my dad also made a letter requesting to retain my category as F2b and priority date.

October 2010, I received a letter I-797 NOA. On this I-797 my priority date was still the same, but the Notice Type: Amended Approval Notice Section: Unmarried child (age 21 or older) of U.S. Citizen, 201(a)(1) INA.

Now my questions are:

1.Thus this means that my category was change to F1 or retained as F2B?

2. If my category was changed to F1, since I’m here in U.S., should I write again a letter to DHS/USCIS here or it is required to send it to U.S. Embassy Manila?

Hoping somebody can help me and give advice with my queries. Thank you so much in advance. Any comment or advice will be highly appreciated.