Applied for unmarried child under 21/now over 21

[NickD 202]

All I know on this subject, took the USCIS well over two years to approve my wife's 1-130 petition for her son. Only to be turned over to the NVC.

My senator and congressman told me they were helpless on this subject, NVC is under the jurisdiction of the DOS that is under the jurisdiction of the executive branch that determines the limit on the number of visas each area of the world may receive.

The key emphasis for the majority of visas today is for Afghanistan and Africa, all of Latin America, bottom third of North America and the entire continent of South America is only allowed 1,500 visa's this coming year.

You can find the phone number for the NVC on the internet, be real nice and call them to make an inquiry like I did, but only to encounter the most rude people you have ever met. Feel the only thing I have accomplished is to move my stepson to the bottom of the list.

We did leave my stepson my wife's home to live in, a decent car, and plenty of money and still trying to send him money to survive. With new concerns about the protests going on in Venezuela right now.

Wouldn't have been a problem if I just met my wife a year earlier where I could petition for him. But poor timing, over 21 is over 21 with the USCIS.

All we can do now is wait and hope for some kind of miracle. Obama does not answer his mail.

[EireneFaith 54]

Your case is completely different from the OP's.

For the OP, his stepdaughter moving from the F2b category to the F1 category shorten her time waiting for a visa from 8 years to 7 years.

For Filipinos, it's faster to petition an unmarried child over 21 as an LPR (F2b) than as a US citizen (F1). Moving from F2b to the F1 category means a longer wait. Congress accounted for this and allows these children to retain the F2b category instead of automatically moving to the F1 category.

It's perfectly safe for you to naturalize. You do not have a child where CSPA would help (F2b principal beneficiaries by definition are over 21 when a parent files and are not covered by CSPA). Your children can also retain the F2b category.

OP is trying to retain F2a which is impossible based on the BIA judgment.

Thank you for your advise and suggestion. I am new here in US and trying to learn about Immigration rules. I am a CR holder. I would like also to be a USC and 2 years from now I can apply for naturalization. But I don't want to mess up my petition for my sons in F2B. Please tell me how can they retain their F2B preference If I become a USC. Somebody said that it is automatic that they will be moved to F1 with same Priority Date if i Naturalize. Thank you so much.

[aaron2020 11,651]

Thank you for your advise and suggestion. I am new here in US and trying to learn about Immigration rules. I am a CR holder. I would like also to be a USC and 2 years from now I can apply for naturalization. But I don't want to mess up my petition for my sons in F2B. Please tell me how can they retain their F2B preference If I become a USC. Somebody said that it is automatic that they will be moved to F1 with same Priority Date if i Naturalize. Thank you so much.

When you naturalize, the law says the F2b cases automatically concerts to F1 cases.

You can request to be retained in the F2b category.

Google "f2b retention."

Here is the first link; http://blogs.usembassy.gov/philippines/?p=312

[EireneFaith 54]

When you naturalize, the law says the F2b cases automatically concerts to F1 cases.

You can request to be retained in the F2b category.

Google "f2b retention."

Here is the first link; http://blogs.usembassy.gov/philippines/?p=312

Hello aaron2020, thanks for sharing the link. This is very helpful.

[vmm 1]

I am USC now, my son is 28years . If he comes here for his masters to study can we apply for AOS and then apply for F1

[Crazy Cat 41,844]

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