aged-out

[jin-jin 0]

i need some help ragarding my visa application. im from philippines. my category is F2A. my mother, which is a greencard holder petitioned me. last 2010. my priority date is june 27 2010, my notice date is november 17, 2010. my bday is december 9, 1989. in december 1 2010 my visa became availble. i received some documents from embassy manila like the readiness for interview and ds230 den i sent back my ds230 by december 2010 but unfurtunately retrogation comes.. so i waited for 2 years. my visa became current again. den i have my medical, then when it comes to my interview. i diddnt make it. the console told me that i am already aged-out. because they compute my CSPA, and it appears 22yrs old and above. they used the december 2012 visa availabilty as their basis NOT the december 2010 which my priority FIsRT became current... they told me to transfer my category to F2b.. which i am going to wait 11 years.. can anyone help me please. i want to appeal my case. can somebody reccomend me a good step. a good attorney. or should i stop reappealing my case?? pleas..

[apple21 953]

You're aged out. The consul already told you. Hiring a lawyer and filing an appeal is futile.

[aaydrian 479]

This is a bit tricky for me. In December when your PD 1st became available you had just turned 21 and you did submit your DS230 form in December 2010. From my understanding your age should have been stuck at 21 so when your PD became current again the CO at your interview would apply CSPA to your case. I'm not sure exactly what to do but until someone comes and corrects me you should ASAP email the immigrant visa (IV) unit of the US embassy in Manila and tell them that you need an experienced embassy employee to re-calculate your CSPA age. Make sure to include in your email your case number, your name, your date of birth, when your case was approved, when your PD was first current, when you submitted your DS 230, and tell them what happened when you were interviewed and you think the CO incorrectly calculated your CSPA age. Also include a reliable telephone phone in case they want to talk to you.

Good luck

Edited January 16, 2013 by aaydrian

[jin-jin 0]

i need some help ragarding my visa application. im from philippines. my category is F2A. my mother, which is a greencard holder petitioned me. last 2010. my priority date is june 27 2010, my notice date is november 17, 2010. my bday is december 9, 1989. in december 1 2010 my visa became availble. i received some documents from embassy manila like the readiness for interview and ds230 den i sent back my ds230 by december 2010 but unfurtunately retrogation comes.. so i waited for 2 years. my visa became current again. den i have my medical, then when it comes to my interview. i diddnt make it. the console told me that i am already aged-out. because they compute my CSPA, and it appears 22yrs old and above. they used the december 2012 visa availabilty as their basis NOT the december 2010 which my priority FIsRT became current... they told me to transfer my category to F2b.. which i am going to wait 11 years.. can anyone help me please. i want to appeal my case. can somebody reccomend me a good step. a good attorney. or should i stop reappealing my case?? pleas..

[jin-jin 0]

wat is the email address of us embassy?

yeah me too. i am soo much confused and at the same time stress..

its hard for me to accept. because i waited dat for so long.. if its not retrogressed den i am now reunited with my mom. so sad dat i am living alone:(((

[aaydrian 479]

http://manila.usembassy.gov/wwwh3023/contact-us.html

Here is the link. Read through the information carefully and follow the instructions. You can call/email the embassy but I would do both.

[JimVaPhuong 4,863]

i need some help ragarding my visa application. im from philippines. my category is F2A. my mother, which is a greencard holder petitioned me. last 2010. my priority date is june 27 2010, my notice date is november 17, 2010. my bday is december 9, 1989. in december 1 2010 my visa became availble. i received some documents from embassy manila like the readiness for interview and ds230 den i sent back my ds230 by december 2010 but unfurtunately retrogation comes.. so i waited for 2 years. my visa became current again. den i have my medical, then when it comes to my interview. i diddnt make it. the console told me that i am already aged-out. because they compute my CSPA, and it appears 22yrs old and above. they used the december 2012 visa availabilty as their basis NOT the december 2010 which my priority FIsRT became current... they told me to transfer my category to F2b.. which i am going to wait 11 years.. can anyone help me please. i want to appeal my case. can somebody reccomend me a good step. a good attorney. or should i stop reappealing my case?? pleas..

There is no formal way to appeal a consular officer's decision. However, you might be able to get the consular officer or the visa section chief to reconsider their decision. If your DS-230 was accepted before the retrogression then your age should have been locked on the first day that your priority date was current.

I would write a letter to the IV section chief. Include your case number and an explanation of what happened.

Immigrant Visa Branch, Attn: IV Section Chief

United States Embassy

1201 Roxas Blvd.

Ermita, Metro Manila 1000

You might want to write somewhere on the envelope something like "URGENT: CSPA ERROR!". That might help get somebody's attention.

[jin-jin 0]

There is no formal way to appeal a consular officer's decision. However, you might be able to get the consular officer or the visa section chief to reconsider their decision. If your DS-230 was accepted before the retrogression then your age should have been locked on the first day that your priority date was current.

I would write a letter to the IV section chief. Include your case number and an explanation of what happened.

Immigrant Visa Branch, Attn: IV Section Chief

United States Embassy

1201 Roxas Blvd.

Ermita, Metro Manila 1000

You might want to write somewhere on the envelope something like "URGENT: CSPA ERROR!". That might help get somebody's attention.

additional question: what do administrative processing means??

[apple21 953]

additional question: what do administrative processing means??

It means your case is under review.

[jin-jin 0]

It means your case is under review.

[jin-jin 0]

hellow. everyone. i have a question again. well lets say that i cant appeal for my case anymore. therefor they are going to transfer me to f2b category. now my question is. do my mom will repetition me again for f2b category or do the us embassy manila forward my case to NVC and it will automatically convert to f2b?

[JimVaPhuong 4,863]

hellow. everyone. i have a question again. well lets say that i cant appeal for my case anymore. therefor they are going to transfer me to f2b category. now my question is. do my mom will repetition me again for f2b category or do the us embassy manila forward my case to NVC and it will automatically convert to f2b?

The conversion is automatic. Same petition. Same priority date.

[jin-jin 0]

guys i have some questions again.. after my interview thy give me back my passport and told me they are going to transfer me to f2b category. then i search for my case status. and it says it is under administrative processing.. so whats the meaning of this??

[apple21 953]

guys i have some questions again.. after my interview thy give me back my passport and told me they are going to transfer me to f2b category. then i search for my case status. and it says it is under administrative processing.. so whats the meaning of this??

It means you have to wait for your priority date to become current in the F2B category.

As of the latest Visa Bulletin, current PD for F2B Philippines is MAY 15, 2002. http://travel.state.gov/visa/bulletin/bulletin_5856.html

[aaydrian 479]

guys i have some questions again.. after my interview thy give me back my passport and told me they are going to transfer me to f2b category. then i search for my case status. and it says it is under administrative processing.. so whats the meaning of this??

Did you do as we directed? If you didn't then the AP for your case status most likely doesn't mean anything and you're now being placed in the F2B category.