Visa changed from F1 to F2 after filed AOS

[anchau 0]

Hi Every one,

My mother filed form I130 to sponsor my younger sister after she came to the US as a F1 student. Since my sister was in the US when her I130 was approved, we filed from I485 to adjust her status. My sister then had an interview with USCIS regarding her AOS. However, after the interview, the officer gave her 2 forms:

-One form marked: Visa Regressed cases: your case in being transfer to Texas Service Center TSC for further processing

-Other form named "Continued for Service Action" marked: Your Category is F2, priority date is 02/01/2010.

Would someone please help to advise what happens to my sister case? Why she can't get the greencard? why her status changed from F1 to F2?

We appreciate your help

[ScottThuy 140]

Doesnt sound right.. what status is your mother here on?

[anchau 0]

Hi Every one,

My mother filed form I130 to sponsor my younger sister after she came to the US as a F1 student. Since my sister was in the US when her I130 was approved, we filed from I485 to adjust her status. My sister then had an interview with USCIS regarding her AOS. However, after the interview, the officer gave her 2 forms:

-One form marked: Visa Regressed cases: your case in being transfer to Texas Service Center TSC for further processing

-Other form named "Continued for Service Action" marked: Your Category is F2, priority date is 02/01/2010.

Would someone please help to advise what happens to my sister case? Why she can't get the greencard? why her status changed from F1 to F2?

We appreciate your help

[anchau 0]

Thanks for quick reply. My mother is a Permanent Resident. I called USCIS at the 1800 number to inquire about my case but the representative said that she did not know why either! Should I schedule a Info Pass then?

[ScottThuy 140]

info pass cant hurt.. it can only help...

[aleful 1,905]

Thanks for quick reply. My mother is a Permanent Resident. I called USCIS at the 1800 number to inquire about my case but the representative said that she did not know why either! Should I schedule a Info Pass then?

she's not elegible to file the adjusment of status immediatly in country as a Legal permanent resident. your sister has 3 or more years of waiting depending on the country of origen.

if her priority date becomes current and she is still a student and has always maintained legal presence, then she can file for adjustment of status. she cannot be out of status, she has to leave before her student visa expires if her priority date doesn't become current.

but for now she isn't elegible and it was a waste of money.

only unmarried children under 21 of a USC are immediate relatives and can file AOS once the 130 is approved. children of residents aren't considered immediate relatives and have years of waiting until the priority date become current.

children under 21 of USC aren't subject to a priority date for being innediate relatives.

Edited April 25, 2011 by aleful

[anchau 0]

I still don't understand why USCIS revert my sister's visa from F1 to F2. This is what happened:

-08/2009: my sister came to the US under F1 Visa.

-02/2010: My mother filed form I130 to sponsor my sister

-09/2010: received I-797 " Approval Notice"-Section : Unmarried child under 21 of Permanent resident

Since her form I130 was approved, my sister file form I-485 to Adjust Status. We paid the fee, form I864, etc.

-02/2011: received apointment interview.

In the interview, the office took away my sister I20 and change her status to F2.

Since my sister is attending a private high-school, I do worry about her legal status to continue studying in the US.

If any one know about this case, can you please advise. Should we consult an attorney?

[anchau 0]

I still don't understand why USCIS revert my sister's visa from F1 to F2. This is what happened:

-08/2009: my sister came to the US under F1 Visa.

-02/2010: My mother filed form I130 to sponsor my sister

-09/2010: received I-797 " Approval Notice"-Section : Unmarried child under 21 of Permanent resident

Since her form I130 was approved, my sister file form I-485 to Adjust Status. We paid the fee, form I864, etc.

-02/2011: received apointment interview.

In the interview, the office took away my sister I20 and change her status to F2.

Since my sister is attending a private high-school, I do worry about her legal status to continue studying in the US.

If any one know about this case, can you please advise. Should we consult an attorney?

By the way, the priority date for my younger sister is 02/2010, the same day that my mother file I130 for her. My sister is 15 years old, I just wonder if being a minor of any help...

[aleful 1,905]

By the way, the priority date for my younger sister is 02/2010, the same day that my mother file I130 for her. My sister is 15 years old, I just wonder if being a minor of any help...

nope.

children of LPR don't qualify to adjust status immediatly. your mother shouldn't have filed for AOS. it takes around 4 years currently, she has to wait until the priority date becomes current.

if she's still here on a student visa and has never been out of status, then she can file AOS in around 3 or 4 years, depending on how the bulletin does.

[mikey78 6]

Her status didn't change from F1 to F2...These are two different issues.

in your sister's case F1 referres to visa F1 which is a student visa

F2 is a family-based immigration category (there are four of them, you can read more in Visa Bulletin), your mother filed a petition for your sister and she was classified as F2 and received a priority date for it.

So one is a non-immigrant visa F1 (that is her current status, if she is still studying and it didn't expire) and the other (F2) is her immigration category dependant on who sponsors her for a green card. The mix up I believe is accidental as they use letter F in both cases.

[milimelo 4,477]

Moving to bringing family members of Legal Permanent Residents.

[Export of Dhaka 8]

nope.

children of LPR don't qualify to adjust status immediatly. your mother shouldn't have filed for AOS. it takes around 4 years currently, she has to wait until the priority date becomes current.

if she's still here on a student visa and has never been out of status, then she can file AOS in around 3 or 4 years, depending on how the bulletin does.

According to Oct 2010 visa bulletin, F2A PD moved to April 01, 2010. OP said, her sister's PD is in Feb 2010. That would make her eligible to file AOS on or after Oct 1, 2010.

However, Jan 1, 2011, F2A PD retrogressed to Jan 1, 2007. So, on the date of the interview, she was NOT eligible to adjust status since her PD was not current. Once her PD becomes current again, she can adjust to LPR.

At this point, her status is still F1. Her visa application preference category is F2. She HAS TO maintain legal presence until she can adjust.

[anchau 0]

According to Oct 2010 visa bulletin, F2A PD moved to April 01, 2010. OP said, her sister's PD is in Feb 2010. That would make her eligible to file AOS on or after Oct 1, 2010.

However, Jan 1, 2011, F2A PD retrogressed to Jan 1, 2007. So, on the date of the interview, she was NOT eligible to adjust status since her PD was not current. Once her PD becomes current again, she can adjust to LPR.

At this point, her status is still F1. Her visa application preference category is F2. She HAS TO maintain legal presence until she can adjust.

Thanks all for your time, can you please help me to clarify the following:

-Why on the interview date, the Officer took away her I20?

-If she wants to continue her study in the US, can she still apply to school as an F1 student? Does she have to ask her school to issue her another I20?

-When her priorty date is current, will USCIS notice her? Does she have to file another new AOS and pay fee again? If she has to go through the whole process again, how can she know the good time to file so that her visa won't regress and the application fee is forfeited again?

Thanks

[Kenken 0]

I NEED YOUR HELP GUYS. PLEASE...
NOA1: October 5, 2011 (I think this is also my Priority date)
NOA2: June 20, 2013

It took 624 days from noa 1 before we received and approved the NOA2(Notice of Approval)

This is my case, and im hoping for replies.. It will atleast give me some light..

My mom who is a green card holder filed an I 130 for me before I turned 21, and was approved last JUNE 20, 2013.(my age on the approval date was 22 years and 7 months). When my mom filed the petition I was under F2A (Thats what I knw) and when the petition was Approved Im already 22 years old and 7 months.Will my category from F2A be automatically moved to F2B? OR Can CSPA or CHILD STATUS PROTECTION ACT PROTECT MY CASE? and I also used the CSPA CALCULATOR and the result was Im still protected and eligible by CSPA and I want to verify this, if it is true,..and Im hoping for it..

Please Guys I really need your help. I also check the VISA BULLETIN and my PD will be current next month JULY 2013. so what should I do now?

PLEASEEEEEEEE HELLLLLLLLLPPPP......