F1 case complete and waiting for visa # availability -Part2

[Pickneygal 1]

Ok, my application was completed back in 2011 and at the time a paper DS-230 was submitted so I did not know that I needed to complete the new DS-260. I happen to wrote to NVC and they gave me the generic response however at the bottom of this response they provided me with my case number and invoice number. After searching around online I logged in using my case number and invoice number and saw that the system is showing the DS-260 as incomplete.

I completed the form this morning but following the instructions its asking me to provide pictures, birth certificate, passport pages etc., these are all documents that were submitted prior and back in 2011 was told that the case is complete just waiting on visa priority date. Also the confirmation page showing my category as F2B which would make my status current instead of the F1 that I was converted to after my mother became a citizen.

I hope this is not too confusing but I am asking do I need to submit these documents again or can I wait until I am called at the embassy in Kingston and take them in with me?

Thanks.

[cassanoa 11]

I had completed the DS-230 a year before my Interview, and before they changed the requirement to DS-260. I had the same burning question in my head and was worried about the impact on my visa interview, so I called the NVC and I asked the rep. She told me I only need to filled out the DS-260 if I was instructed to do so, which I was not told to do so. I only need to provide them with update copies of the taxes.

Ok, my application was completed back in 2011 and at the time a paper DS-230 was submitted so I did not know that I needed to complete the new DS-260. I happen to wrote to NVC and they gave me the generic response however at the bottom of this response they provided me with my case number and invoice number. After searching around online I logged in using my case number and invoice number and saw that the system is showing the DS-260 as incomplete.

I completed the form this morning but following the instructions its asking me to provide pictures, birth certificate, passport pages etc., these are all documents that were submitted prior and back in 2011 was told that the case is complete just waiting on visa priority date. Also the confirmation page showing my category as F2B which would make my status current instead of the F1 that I was converted to after my mother became a citizen.

I hope this is not too confusing but I am asking do I need to submit these documents again or can I wait until I am called at the embassy in Kingston and take them in with me?

Thanks.

[Pickneygal 1]

Ok I was not informed to complete the form however when I checked the website it has it as a requirement that was incomplete. I have since completed the form now its saying completed. See below.

APPLICANT INFORMATION

Status IV Fee IV
Application Civil
Documents

XXXXXXXXXXXXXXXXXXXX

PRINCIPAL

PRINCIPAL APPLICANT

PAID COMPLETED N/A

[cassanoa 11]

Yeah, it was on the website available for me also, I just didn't fill it out cause I was never instructed to do so. All I had was my DS-230 filled and all was good. If you had completed the DS-230 before the the change to DS-260 you don't need to fill out the DS-260 unless instructed to do so. If you did it, great you should be good.

Ok I was not informed to complete the form however when I checked the website it has it as a requirement that was incomplete. I have since completed the form now its saying completed. See below.

APPLICANT INFORMATION

Status IV Fee IV
Application Civil
Documents

XXXXXXXXXXXXXXXXXXXX

PRINCIPAL

PRINCIPAL APPLICANT

PAID COMPLETED N/A

[Pickneygal 1]

Thanks, I am one day away from current so I really don't want any unexpected surprises after waiting all this time.

[G_One 10]

Hi Rocksolid,

I have found this while surfing on net about this F1 to F2b conversion, please read it:

"Under Section 6 of the CSPA, the applicant 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 elects to have such conversion revoked."

I think we need to read more about Section 6 of the CSPA to understand it better. Though, even legal advice also agrees with the fact that there is a provision which has been exercised by Phillipines' people at most bcoz they have seen F2b advancement over F1 since a very long time, but now the rest of the world is also affected with this problem.

Its like balancing the weight on two arms, both F1 and F2b have equal numbers i.e. 23,500 for an year. But, in previous months when every category were retrogressed badly for a very long period in year 2011, then people like us who were waiting in F2b were looking at F1 with that temptation to being current soon. Meanwhile, our petitioners got naturalized and we gt converted as an F1 successfully. But, the queue which we left gt shorter eventually and moves faster now and we have put more load on F1 alone, this was in fact equally shared by both categories before.

Here are some links regarding this, you may go through them:

http://blogs.usembassy.gov/philippines/?p=312

http://blogs.usembassy.gov/philippines/?p=356

http://asianjournalusa.com/immigration-retention-to-fb-p897-82.htm

In light of this very slow progress of F1 visa PD, can I convert my F1 visa back to F2B?

Guys, here is my research findings on the CSPA Opt out provision section 6, when I researched online on resources and infact the USCIS website, they all say that an FB1 can opt out and become a F2B (or do not opt for FB1 in first place), if F2B is ahead of FB1.

When I called NVC for the switch they say that this rule is only for Phillipines, but I am pretty sure that the law is not specific to a country or two, its only that till now it was useful for Phil now it is useful for worldwide, nowhere it said about Phil or mexico in the law on the websites.

And I doubt that F2B is going to lose visa numbers to EB categories this year end, thats what I can understand by the recent visa bulletein.

Do update on this, if the switch is successful we can save few precious months and get visa months before FB1, moreover FB1 looks clogged now, since many of the F2Bs seems to have moved to F1, which has made it stuck with slow pace of 1-3 weeks.

Did any one else had any discussion regarding this with an Attorney ?

Did any one requested for a switch already, and whats the update on that ? Do reply on this issue.

Edited July 16, 2014 by G_One

[r0ck_s0lid 5]

Guys, here is my research findings on the CSPA Opt out provision section 6, when I researched online on resources and infact the USCIS website, they all say that an FB1 can opt out and become a F2B (or do not opt for FB1 in first place), if F2B is ahead of FB1.

When I called NVC for the switch they say that this rule is only for Phillipines, but I am pretty sure that the law is not specific to a country or two, its only that till now it was useful for Phil now it is useful for worldwide, nowhere it said about Phil or mexico in the law on the websites.

And I doubt that F2B is going to lose visa numbers to EB categories this year end, thats what I can understand by the recent visa bulletein.

Do update on this, if the switch is successful we can save few precious months and get visa months before FB1, moreover FB1 looks clogged now, since many of the F2Bs seems to have moved to F1, which has made it stuck with slow pace of 1-3 weeks.

Did any one else had any discussion regarding this with an Attorney ?

Did any one requested for a switch already, and whats the update on that ? Do reply on this issue.

The whole issue seems kind of complicated and no one seems to know about it that is why I decided not to pursue it. Besides, from the links posted it states

You need to file the request as soon as possible. That means as soon as you found out that your petitioner parent became a US Citizen you should file the request so that hopefully your request will be approved before your petition becomes current.

My petitioner became naturalized about 9 months ago, so I guess the whole CSPA thing is futile in my case

[G_One 10]

Guys, here is my research findings on the CSPA Opt out provision section 6, when I researched online on resources and infact the USCIS website, they all say that an FB1 can opt out and become a F2B (or do not opt for FB1 in first place), if F2B is ahead of FB1.

When I called NVC for the switch they say that this rule is only for Phillipines, but I am pretty sure that the law is not specific to a country or two, its only that till now it was useful for Phil now it is useful for worldwide, nowhere it said about Phil or mexico in the law on the websites.

And I doubt that F2B is going to lose visa numbers to EB categories this year end, thats what I can understand by the recent visa bulletein.

Do update on this, if the switch is successful we can save few precious months and get visa months before FB1, moreover FB1 looks clogged now, since many of the F2Bs seems to have moved to F1, which has made it stuck with slow pace of 1-3 weeks.

Did any one else had any discussion regarding this with an Attorney ?

Did any one requested for a switch already, and whats the update on that ? Do reply on this issue.

The whole issue seems kind of complicated and no one seems to know about it that is why I decided not to pursue it. Besides, from the links posted it states

My petitioner became naturalized about 9 months ago, so I guess the whole CSPA thing is futile in my case

Continuation to my previous post..

I know that this rule is not country specific, but I believe that the NVC Call Center executives are themselves not sure about this because the F2B heading F1 is new for World Wide (apart from Phil), so they dont want to commit anything if we ask it by phone, may be they need it in writing to process it as per the rules.

So when I called them initially they told that that rule 'CSPA Opt out' is only for Phil, but when I insisted that they need to check the law that there is no mention of Phil or anything whatsoever. Then she told, in that case drop us a mail and we will look into it. So I told her that I had already dropped a mail about one week back (now its been 4 weeks), so she asked me to wait for the mail to be responded.

I have read on USCIS website and few other legal websites which say that and F1 can go to F2B or Opt-out of F1 in first time itself etc.. You can search the below sites for CSPA Opt Out you will get to know about this law better.

http://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act/child-status-protection-act-cspa

http://shusterman.com/pdf/cspa4_30_08.pdf

http://www.cuny.edu/about/resources/ciudadania/news-events/Publications/CUNY-Citizenship-Now-Training-Manual.pdf

http://www.legalactioncenter.org/sites/default/files/PA%20Compilation%20(November%202013),%20revised%20FIN.pdf

@Rock_Solid: I dont think that there is any time period fixed for the conversion or retention of F2B.

@All: since 28 days there is no response from NVC for my mail, is there a way or an email Id or phone number of NVC which looks into urgent matters, and responds quickly than the normal way ? Please advice ?

Edited July 20, 2014 by G_One

[r0ck_s0lid 5]

Continuation to my previous post..

I know that this rule is not country specific, but I believe that the NVC Call Center executives are themselves not sure about this because the F2B heading F1 is new for World Wide (apart from Phil), so they dont want to commit anything if we ask it by phone, may be they need it in writing to process it as per the rules.

So when I called them initially they told that that rule 'CSPA Opt out' is only for Phil, but when I insisted that they need to check the law that there is no mention of Phil or anything whatsoever. Then she told, in that case drop us a mail and we will look into it. So I told her that I had already dropped a mail about one week back (now its been 4 weeks), so she asked me to wait for the mail to be responded.

I have read on USCIS website and few other legal websites which say that and F1 can go to F2B or Opt-out of F1 in first time itself etc.. You can search the below sites for CSPA Opt Out you will get to know about this law better.

http://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act/child-status-protection-act-cspa

http://shusterman.com/pdf/cspa4_30_08.pdf

http://www.cuny.edu/about/resources/ciudadania/news-events/Publications/CUNY-Citizenship-Now-Training-Manual.pdf

http://www.legalactioncenter.org/sites/default/files/PA%20Compilation%20(November%202013),%20revised%20FIN.pdf

@Rock_Solid: I dont think that there is any time period fixed for the conversion or retention of F2B.

@All: since 28 days there is no response from NVC for my mail, is there a way or an email Id or phone number of NVC which looks into urgent matters, and responds quickly than the normal way ? Please advice ?

I bet they received your e-mail and chose to ignore it because as you said this never happened before. Maybe, if you -mail them again you'll get an answer.

[puru444 44]

Thanks G_One for sharing those links. These are very helpful in understanding more about CSPA. I strongly believe that "Opt Out" rule is not applicable to filipinos only.

The “Opt Out” Provision

The Second Family-Based Preference (F2B) category applies to unmarried sons and daughters of LPRs. When an LPR petitioner naturalizes, the petition automatically upgrades from the F2B category to unmarried adult children of U.S. citizens in the First Family-Based Preference category. CSPA allows for beneficiaries to opt out of the automatic conversion and remain in the F2B category.

Currently “opting out” is only useful in one circumstance: the Philippines. Notice in the visa bulletin March 2012 that in most countries, First Family-Based Preference category cases receive immigrant visa numbers a few years before F2B cases do. The one exception is for adult unmarried children in the Philippines. In that case, F2B unmarried sons and daughters of permanent residents have visa numbers available if the I-130 was filed in 2001. For the cases of First Family-Based Preference unmarried sons and daughters of U.S. citizens, they are still adjudicating cases filed in 1997. It will be faster to process as the unmarried son or daughter of a permanent resident. Therefore beneficiaries in the Philippines may remain in the F2B category rather than have their cases converted to First Family-Based Preference category cases.

Note: Since processing times may change, check the latest visa bulletin for current

processing times.

Please see examples below:

A. For March 2012, the cut-off date for the adult unmarried sons and daughters of LPRs (F2B) is November 15, 2003 and the cut-off date for unmarried sons and daughters of U.S. citizens (First Family-Based Preference category) is February 1, 2005. If an LPR files Form I-130 for his 24 year old, unmarried French son and then naturalizes, the son’s immigrant category would automatically transfer from 2B to the First Family-Based

Preference category. This is to the advantage of the beneficiary by two years and he, most likely will utilize the automatic conversion of preference category.

B. For March 2010, the cut-off date for Filipino adult unmarried sons and daughters of LPRs (2B) is August 22, 1998, but the cut-off date for Filipino unmarried sons and daughters of U.S. citizens (First Family-Based Preference category) is March 1, 1994. In this case, if the LPR files Form I-130 for her 24 year old, unmarried Filipino son and then naturalizes, the son most likely will request that the automatic conversion to the First Family-Based Preference category not occur because the visa becomes available five years sooner in the F2B category. In this case, the son will likely opt-out of the conversion.

Till May 2014, it was the only problem facing by Phillipines but now the Rest of the World is experiencing it, and I dont see any good reason that other countries people can't use this Opt Out rule in their cases. NVC people are just doing their own work, I dont think that a Phone Operator is that much qualified and knows much about the "LAW" which has been implemented by a group of intellects. Phone Operator just giving the excuse or making an assumption on a vague idea under uncertainty that this rule only applicable to phillipines.

I think and I know that 2007 people wont take this issue much seriously bcoz they are almost standing at the exit door and in fact their cases are also completed whereas 2008 beyond applicants haven't received a single piece of paper yet and that (Consular Processing) too will consume good 7-9 months time.

We are waiting for years and getting older and suffering with pain ...

I urge you all to please tell your parents to consult an Immigration Lawyer out there and take an advice over this matter and let's disperse into 2 equal lines rather than loading on 1 Queue.

Consequences of less F2b's are:

1. Faster movements and less waiting times.

2. Forward the UNUSED numbers to F3 category or employment ones.

In total, we have potential to consume 23,400 + 23,400 numbers that makes 46,800 in an year. But, right now we all stick to 23,400 and other outta 23,400 mostly gt wasted by transferring to the next category i.e. F3.

Apparently, F3 gt the pace these days and sailing through with minimum 4 weeks comfortably, where it was stuck and hardly moves in previous times.

Edited July 21, 2014 by puru444

[little_pig 6]

Hello all,

I had my interview on July 18th, and was approved. And the official told me that i should wait for the visa sent to my house in about two weeks. But today when i check my case status on https://ceac.state.gov , my case is still "READY" and the last updated date is on July 21 , instead of like my brother case updated to "Issued" just after 24 hrs of his interview.

Does anyone know is it normal or abnormal? While my brother had interview on July 17th, and he got his visa and package today.

I am very worry now.

Thank you for all, and congrats and good luck to all of waiting now. I know it has been such a very long time of waiting for all of us.

Edited July 22, 2014 by little_pig

[r0ck_s0lid 5]

Thanks G_One for sharing those links. These are very helpful in understanding more about CSPA. I strongly believe that "Opt Out" rule is not applicable to filipinos only.

The Opt Out Provision

The Second Family-Based Preference (F2B) category applies to unmarried sons and daughters of LPRs. When an LPR petitioner naturalizes, the petition automatically upgrades from the F2B category to unmarried adult children of U.S. citizens in the First Family-Based Preference category. CSPA allows for beneficiaries to opt out of the automatic conversion and remain in the F2B category.

Currently opting out is only useful in one circumstance: the Philippines. Notice in the visa bulletin March 2012 that in most countries, First Family-Based Preference category cases receive immigrant visa numbers a few years before F2B cases do. The one exception is for adult unmarried children in the Philippines. In that case, F2B unmarried sons and daughters of permanent residents have visa numbers available if the I-130 was filed in 2001. For the cases of First Family-Based Preference unmarried sons and daughters of U.S. citizens, they are still adjudicating cases filed in 1997. It will be faster to process as the unmarried son or daughter of a permanent resident. Therefore beneficiaries in the Philippines may remain in the F2B category rather than have their cases converted to First Family-Based Preference category cases.

Note: Since processing times may change, check the latest visa bulletin for current

processing times.

Please see examples below:

A. For March 2012, the cut-off date for the adult unmarried sons and daughters of LPRs (F2B) is November 15, 2003 and the cut-off date for unmarried sons and daughters of U.S. citizens (First Family-Based Preference category) is February 1, 2005. If an LPR files Form I-130 for his 24 year old, unmarried French son and then naturalizes, the sons immigrant category would automatically transfer from 2B to the First Family-Based

Preference category. This is to the advantage of the beneficiary by two years and he, most likely will utilize the automatic conversion of preference category.

B. For March 2010, the cut-off date for Filipino adult unmarried sons and daughters of LPRs (2B) is August 22, 1998, but the cut-off date for Filipino unmarried sons and daughters of U.S. citizens (First Family-Based Preference category) is March 1, 1994. In this case, if the LPR files Form I-130 for her 24 year old, unmarried Filipino son and then naturalizes, the son most likely will request that the automatic conversion to the First Family-Based Preference category not occur because the visa becomes available five years sooner in the F2B category. In this case, the son will likely opt-out of the conversion.

Till May 2014, it was the only problem facing by Phillipines but now the Rest of the World is experiencing it, and I dont see any good reason that other countries people can't use this Opt Out rule in their cases. NVC people are just doing their own work, I dont think that a Phone Operator is that much qualified and knows much about the "LAW" which has been implemented by a group of intellects. Phone Operator just giving the excuse or making an assumption on a vague idea under uncertainty that this rule only applicable to phillipines.

I think and I know that 2007 people wont take this issue much seriously bcoz they are almost standing at the exit door and in fact their cases are also completed whereas 2008 beyond applicants haven't received a single piece of paper yet and that (Consular Processing) too will consume good 7-9 months time.

We are waiting for years and getting older and suffering with pain ...

I urge you all to please tell your parents to consult an Immigration Lawyer out there and take an advice over this matter and let's disperse into 2 equal lines rather than loading on 1 Queue.

Consequences of less F2b's are:

1. Faster movements and less waiting times.

2. Forward the UNUSED numbers to F3 category or employment ones.

In total, we have potential to consume 23,400 + 23,400 numbers that makes 46,800 in an year. But, right now we all stick to 23,400 and other outta 23,400 mostly gt wasted by transferring to the next category i.e. F3.

Apparently, F3 gt the pace these days and sailing through with minimum 4 weeks comfortably, where it was stuck and hardly moves in previous times.

Thank you very much for the info

[r0ck_s0lid 5]

Hello all,

I had my interview on July 18th, and was approved. And the official told me that i should wait for the visa sent to my house in about two weeks. But today when i check my case status on https://ceac.state.gov , my case is still "READY" and the last updated date is on July 21 , instead of like my brother case updated to "Issued" just after 24 hrs of his interview.

Does anyone know is it normal or abnormal? While my brother had interview on July 17th, and he got his visa and package today.

I am very worry now.

Thank you for all, and congrats and good luck to all of waiting now. I know it has been such a very long time of waiting for all of us.

I don't think there is anything to worry about, just give it few more days and you will be set. The immigration official told you to wait for 2 weeks and he said that for a reason. Cheers!

[Shema758 11]

Hello all,

I had my interview on July 18th, and was approved. And the official told me that i should wait for the visa sent to my house in about two weeks. But today when i check my case status on https://ceac.state.gov , my case is still "READY" and the last updated date is on July 21 , instead of like my brother case updated to "Issued" just after 24 hrs of his interview.

Does anyone know is it normal or abnormal? While my brother had interview on July 17th, and he got his visa and package today.

I am very worry now.

Thank you for all, and congrats and good luck to all of waiting now. I know it has been such a very long time of waiting for all of us.

Hello little_pig, congratulations!!! You have nothing to worry about. I had my interview early July and I only got my VISA last week. Just be patient for a few more days and you will soon have your VISA in hand.

[little_pig 6]

Hello r0ck_s0lid and Shema758,

Thank you for your replies which makes me more comfortable and less worry now.

The status has been updated again on July 22nd to Administrative Processing. Hopefully i can see the status updated to "Issued" soon as waiting is something that really tough and hard for us, and there is no other thing we can do now except of waiting. Lolz

Wishing all of waiting F1 family based will receive your ILs soon.