F1 case complete and waiting for visa # availability

[Grace A 12]

Here's a question - and it's just a crazy idea. If you're in the US on a tourist visa, while awaiting your PD to be current and awaiting interview at your consulate in your home country, is it possible to apply instead for an adjustment of status, or is that too late?

I proposed that very same question to an immigration attorney (well known and respected in her line of work) and she immediately turned off the thought! She advised that immigration rules have changed and are changing and only people who have been filed for before 2000 by permanent residents are given that chance... I think in the F2A or F2B category... If you have been filed for after 2000 in the F2 category you cannot do this. And it cannot happen for the people filed for in the F1 category (unmarried children of US citizens).

Also I must tell people that if you have been living in the USA there was a part in the law that was removed in 2003 This section used to allowed you to go back to your home country when your PD is current to complete the processing... It is no more and should you decide to return to your home country if the PD is now current you are likely to be subjected to a mandatory ban (up to 10 years, depending on how long you overstayed your initial visit to the USA)... So my friends be careful!

[Grace A 12]

Here's a question - and it's just a crazy idea. If you're in the US on a tourist visa, while awaiting your PD to be current and awaiting interview at your consulate in your home country, is it possible to apply instead for an adjustment of status, or is that too late?

If you are being filed for as the Unmarried child of a US citizen, 21 years and over (F1) you cannot adjust your status while visiting the USA.

Here is the link that takes you to a FAQ section st the USCIS

http://www.uscis.gov/USCIS/Resources/A1en.pdf

Here is another link that you can also search to check for some other answers...

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=4c2515d27cf73210VgnVCM100000082ca60aRCRD&vgnextchannel=4c2515d27cf73210VgnVCM100000082ca60aRCRD

If you are an immediate relative you can adjust your status while visiting...

Hope they will help

Edited November 7, 2012 by Grace A

[Grace A 12]

Hello everyone,

last year, I received an email from nvc, mentioned the address of embassy I will interview in. is that mean they already sent my documents to that embassy?

NevermindVZ, do have any idea? I am not sure you got my msg yet, my PD is 20 jan.

please drop me lines if you have an idea. many many thanks!

p.s. I called nvc they told because of 'sandy storm' they have delay in responding enquiries!!!!!!!!! another excuse....

Hey Julie Mc, that is what the NVC does when they send you that information of having forwarded your case (all the documents they asked you to send in to them) to the embassy that will interview you. They advise however that you still check on your interview letter the documents that are needed (they send you a checklist when you get an interview letter) and take those along on your interview date. When i went for my interview I took all the originals and made copies of all of what I had already sent in to the NVC even though they had indicated they had all my documents (on the checklist)

When I went for my interview the consular officer had all the documents I had sent to NVC and gave me back the original copies... My case was completed in May 2011.

You and i are in the same band for the PD my date is Jan 23 06. i hope our PDs become current early next year! All the best!

[javisakid 64]

Thanks a lot for the quick and thorough reply, Grace A. Points for you!

It was a silly idea that occurred to me today, but it's evident that that won't work in my situation. I wanted to make sure I was aware of all my options. Twice now, by not fully being aware of my options, I've missed out on being able to immigrate sooner. First, when my mother gained her permanent residence and I was still I minor, I could have accompanied her since I was listed as someone who'd be joining later, but we didn't know until after I was 21. :-( Next, while we filed for me when I was still a minor visiting her in the US, we could have applied for an Adjustment of Status instead of consular processing, and I'd have been able to remain while having employment rights, etc. But, again, we didn't know. :-(

Anyway, still hanging on until my PD becomes current. Let's hope that's sooner instead of later.

Edited November 7, 2012 by javisakid

[Grace A 12]

Thanks a lot for the quick and thorough reply, Grace A. Points for you!

It was a silly idea that occurred to me today, but it's evident that that won't work in my situation. I wanted to make sure I was aware of all my options. Twice now, by not fully being aware of my options, I've missed out on being able to immigrate sooner. First, when my mother gained her permanent residence and I was still I minor, I could have accompanied her since I was listed as someone who's be joining later, but we didn't know until after I was 21. :-( Next, while we filed for me when I was still a minor visiting her in the US, we could have applied for an Adjustment of Status instead of consular processessig, and I'd have been able to remain while having employment rights, etc. But, again, we didn't know. :-(

Anyway, still hanging on until my PD becomes current. Let's hope that's sooner instead of later.

I am happy to have helped. I have been in this Immigration thing for over 15 years..helping out relatives with their applications etc... I am very glad to share my experiences. I am sorry that your relatives didnt know that all this waiting could be avoided...now that you know ensure that you share it with others so that they will know what to do.

I am looking for the link for the other part that tells you about the section in the ruling that allowed you to stay in the USA on a tourist visa and then go to your home country when your PD becomes current.. soon as i do I will post it. I just cant remember the name of it... But please anyone who has overstayed waiting for their PDs to become current...dont try returning to your home country... stay and get sorted out somehow...

[Grace A 12]

Thanks a lot for the quick and thorough reply, Grace A. Points for you!

It was a silly idea that occurred to me today, but it's evident that that won't work in my situation. I wanted to make sure I was aware of all my options. Twice now, by not fully being aware of my options, I've missed out on being able to immigrate sooner. First, when my mother gained her permanent residence and I was still I minor, I could have accompanied her since I was listed as someone who'd be joining later, but we didn't know until after I was 21. :-( Next, while we filed for me when I was still a minor visiting her in the US, we could have applied for an Adjustment of Status instead of consular processing, and I'd have been able to remain while having employment rights, etc. But, again, we didn't know. :-(

Anyway, still hanging on until my PD becomes current. Let's hope that's sooner instead of later.

And trust me your idea was not silly! It is something that can be done, its just not applicable to us F1 ners:)! My dad tried to do that with me too but the lawyer told us, NO NO NO.. I had already known cause I had read the link i posted for you, but you know parents can be so insistent at times...! Our waiting will soon be over just stay safe and keep positive and pray.....all the best!

[Julie-Mc 0]

Many thanks for your reply.

I have sent nvc my new address 2 weeks ago but they have not updated yet!! then, if I ask NVC to change my current embassy to another one (in another country) I will face a risk of delay!!

Hey Julie Mc, that is what the NVC does when they send you that information of having forwarded your case (all the documents they asked you to send in to them) to the embassy that will interview you. They advise however that you still check on your interview letter the documents that are needed (they send you a checklist when you get an interview letter) and take those along on your interview date. When i went for my interview I took all the originals and made copies of all of what I had already sent in to the NVC even though they had indicated they had all my documents (on the checklist)

When I went for my interview the consular officer had all the documents I had sent to NVC and gave me back the original copies... My case was completed in May 2011.

You and i are in the same band for the PD my date is Jan 23 06. i hope our PDs become current early next year! All the best!

[Julie-Mc 0]

Thanks Nevermind I did. I hope somebody reply it.

Hi Julie, I honestly have no idea what that means You can try asking in the main forum and see if you get some replies from the experts.

[loudoff 25]

Visa bulletin is out with the predictions of coming months. It moves 1 month this time. Good thing that the predictions of the coming months is 3 - 4 weeks movement. I think its pretty good at this pace. What do your guys think?

http://www.travel.st...letin_5803.html

D. VISA AVAILABILITY IN THE COMING MONTHS

FAMILY-sponsored categories (monthly)

Worldwide dates:

F1: three or four weeks F2A: four to six weeks F2B: three to five weeks F3: one or two weeks F4: one or two weeks

Edited November 7, 2012 by loudoff

[NevermindVz 51]

Interesting! I thought they were going to publish it on Friday.

They also said: "The above projections for the Family and Employment categories are for what could happen during each of the next few months based on current applicant demand patterns. The determination of the actual monthly cut-off dates is subject to fluctuations in applicant demand and a number of other variables which can change at any time."

[NevermindVz 51]

One thing to remember is that the visa availability numbers are estimates and not exact, at least according to the last fiscal year. I am trying to compare the predictions they gave last year with the actual movements (hopefully my math is ok):

October 2011 = availability in coming months: 3 to 6 weeks (21-42 days)

----> actual movement from Nov to Feb: 48 days per month on average

February 2012 = availability in coming months: 3 to 5 weeks (21-35 days)

----> actual movement from Mar to May: 43 days per month on average

May 2012 = availability in coming months: 4 to 6 weeks (28-42 days)

----> actual movement from Jun to Sep: 38 days per month on average

3-4 weeks availability sounds ok. Let's see what happens though! Good luck to all of us

Edited November 7, 2012 by NevermindVz

[javisakid 64]

Wow, we got caught up in so many things we even forgot that the bulletin didnt even come out yet. Haha!

I'm happy that they've published the predictions. But based on what we know from last year they can move faster than the predictions. They did predict four weeks movement for F1 last year but most months we actually moved 6-8 weeks, which was very good. Let's hope for the same things now. At least we have a baseline with which to predict our PD being current.

[loudoff 25]

Good analysis NevermindVz!!!

[javisakid 64]

One thing to remember is that the visa availability numbers are estimates and not exact, at least according to the last fiscal year. I am trying to compare the predictions they gave last year with the actual movements (hopefully my math is ok):

October 2011 = availability in coming months: 3 to 6 weeks (21-42 days)

----> actual movement from Nov to Feb: 48 days per month on average

February 2012 = availability in coming months: 3 to 5 weeks (21-35 days)

----> actual movement from Mar to May: 43 days per month on average

May 2012 = availability in coming months: 4 to 6 weeks (28-42 days)

----> actual movement from Jun to Sep: 38 days per month on average

3-4 weeks availability sounds ok. Let's see what happens though! Good luck to all of us

Excellent analysis! Glad you're on top of things. I've realised that their prediction is usually a conservative one but that things (at least last fiscal year) moved beyond their predictions. We can only hope it's similar this time around and that last year's bulletins didn't move unusually fast because of people already having had their interviews pre-retrogression.

We also have more people in F1 as a result of being converted from F2B after naturalisation of the petitioner. Let's see the impact, if any, that will have.

Fingers crossed. Now, on to December!

[Julie-Mc 0]

bravo!!!! excellent analysis

One thing to remember is that the visa availability numbers are estimates and not exact, at least according to the last fiscal year. I am trying to compare the predictions they gave last year with the actual movements (hopefully my math is ok):

October 2011 = availability in coming months: 3 to 6 weeks (21-42 days)

----> actual movement from Nov to Feb: 48 days per month on average

February 2012 = availability in coming months: 3 to 5 weeks (21-35 days)

----> actual movement from Mar to May: 43 days per month on average

May 2012 = availability in coming months: 4 to 6 weeks (28-42 days)

----> actual movement from Jun to Sep: 38 days per month on average

3-4 weeks availability sounds ok. Let's see what happens though! Good luck to all of us