Visa not issued after Visa Call Interview under F2A category due to retrogression in priority date

[USS@USA 0]

I had filed petition for my husband under F2A category and Priority date is July 12, 2013.

My husband had Visa Call Interview at Mumbai Consulate, India on May 29, 2014 but through oversight he did not carry 864-A for one of co-sponsor during the interview on that date.

Mumbai Consulate issued him requirement to submit 864-A for co-sponsor under Section 221-G on May 29, 2014.

He submitted the required document and his passport at Ahmedabad office of Service provider to Mumbai Consulate on May 30, 2014.

Thereafter from June 1 2014 priority date for F2A category was retrogressed from Sept. 8, 2013 to May 1, 2012.

Then Mumbai consulate returned his passport without issuing visa on June 6, 2014 with a reason that at present your priority date July 12, 2013 is no longer current/active so we can not process you r visa at this time.

Contrary to this one of my friend's wife had visa interview on June 4, 2014 having priority date of June 2013, and she got the visa.

Can any one advise in this matter what we can do in such circumstances ? Can we appeal to Mumbai Consulate that when we had submitted passport and document, Priority date was active and it was retrogressed thereafter so visa should be issued ?

[Hypnos 6,578]

No.

[Phillip Kazuto 28]

You just can't

[apple21 953]

I had filed petition for my husband under F2A category and Priority date is July 12, 2013.

My husband had Visa Call Interview at Mumbai Consulate, India on May 29, 2014 but through oversight he did not carry 864-A for one of co-sponsor during the interview on that date.

Mumbai Consulate issued him requirement to submit 864-A for co-sponsor under Section 221-G on May 29, 2014.

He submitted the required document and his passport at Ahmedabad office of Service provider to Mumbai Consulate on May 30, 2014.

Thereafter from June 1 2014 priority date for F2A category was retrogressed from Sept. 8, 2013 to May 1, 2012.

Then Mumbai consulate returned his passport without issuing visa on June 6, 2014 with a reason that at present your priority date July 12, 2013 is no longer current/active so we can not process you r visa at this time.

Contrary to this one of my friend's wife had visa interview on June 4, 2014 having priority date of June 2013, and she got the visa.

Can any one advise in this matter what we can do in such circumstances ? Can we appeal to Mumbai Consulate that when we had submitted passport and document, Priority date was active and it was retrogressed thereafter so visa should be issued ?

Are you sure about this? Her PD is no longer current at the time of the interview, unless a mistake on the PD.

[aaron2020 11,651]

I had filed petition for my husband under F2A category and Priority date is July 12, 2013.

My husband had Visa Call Interview at Mumbai Consulate, India on May 29, 2014 but through oversight he did not carry 864-A for one of co-sponsor during the interview on that date.

Mumbai Consulate issued him requirement to submit 864-A for co-sponsor under Section 221-G on May 29, 2014.

He submitted the required document and his passport at Ahmedabad office of Service provider to Mumbai Consulate on May 30, 2014.

Thereafter from June 1 2014 priority date for F2A category was retrogressed from Sept. 8, 2013 to May 1, 2012.

Then Mumbai consulate returned his passport without issuing visa on June 6, 2014 with a reason that at present your priority date July 12, 2013 is no longer current/active so we can not process you r visa at this time.

Contrary to this one of my friend's wife had visa interview on June 4, 2014 having priority date of June 2013, and she got the visa.

Can any one advise in this matter what we can do in such circumstances ? Can we appeal to Mumbai Consulate that when we had submitted passport and document, Priority date was active and it was retrogressed thereafter so visa should be issued ?

Hi,

There is nothing for you to appeal. The US Consulate is correct. Under US laws, the US Consulate can not issue a visa when the PD is not current at the time the visa is issued.

Your husband has to wait until his PD is current to qualify for an immigrant visa.

In the case for your friend, was the petitioner a USC? Its impossible to for someone with a PD of June 2013 to get a visa in the F2a category in June 2014 when the PD is not current. There is some fact that you are missing.