CSPA Sec-6 "Opt-Out", Philippines are requested to Participate (merged)

[puru444 44]

Have you tried emailing US embassy in your home country?

(Uscis in particular) and ask for the procedure on how to opt out?

Btw is there a uscis in your home country? Bec. im not sure if all us embassies had uscis office..

What i did here is that i emailed USCIS and ask them how and what are the requirements to be submitted.

I didn't personally inquire in the embassy. Then i just mail the necessary documents and that's it after a month i received the notice of approval.. Btw they only use ordinary or regular mail so maybe its also a reason why it took a month to received their response.

Maybe the person you spoke with doesn't handle anything about cspa, he/she should refer you to the right dept.

which is dhs/uscis.

I went to USCIS Section today, yes in every Embassy and Consulate they have DHS/USCIS Section for their citizens and immigrants services and all other related queries too. But, as I Said above in my last post it didn't work out.

[apple21 953]

I went to USCIS Section today, yes in every Embassy and Consulate they have DHS/USCIS Section for their citizens and immigrants services and all other related queries too. But, as I Said above in my last post it didn't work out.

That's sad. Did you speak to an immigration officer?

[puru444 44]

That's sad. Did you speak to an immigration officer?

Yeah, she was an immigration officer indeed.

[amandaciar22 1]

@amandaciar22,

First, I mailed them at CIS.NDI@uscis.dhs.gov. This is the link of USCIS Section of New Delhi, I found this link on USCIS website couple of days back and mailed them my all queries (asked about the process and documents needed) and this is the reply I have received by them:

Dear Sir/Madam:

Thank you for your inquiry.

Kindly contact the Service Center in the United States, where the case was filed. This office has no record or jurisdiction on the cases, filed in the United States. You may contact National Customer Service Center NCSC: 1-800-375-5283 to obtain further information or an update.

Please be advised that this Office can provide information only on issues which fall within the jurisdiction of this office and where we have legal authority. USCIS cannot provide legal guidance or suggestion on specific case or situation. If you require help/assistance with a personal legal matter you may wish to seek legal counsel or resolve the concerned matter through independent research.

Then, I made an appointment when to visit them personally when the mail option didn't work. But, that didn't work too!!

I think I need to contact the USCIS head office in US. May be they entertain you people in philippines at Manila Embassy due to high demand of Opt-Out in your country.

But, I am still with no answers and wana know the real stuff ....

Oh i see..

I dont understand either, why they can't help you with the opt out.

I forgot to say that " If the petitioner became a U.S. citizen before the approval of the petition, the beneficiary is not eligible to request for a retention of her F2B category." Accdg to dhs/uscis

This is the exact reply to me by dhs/uscis here us embassy manila:

On Mar 27, 2013, at 9:50 AM, "CIS, MPH Inquiry" <MPHInquiry.CIS@uscis.dhs.gov> wrote:

To apply for opt-out or retention of your F2B category, send your signed written request to: Field Office Director, USCIS Manila, U.S. Embassy, 1201 Roxas Blvd., Ermita, Manila. As enclosures to your signed written request, submit a copy of the notice of approval of your petition or any correspondence from either the NVC or Immigrant Visa Section that the petition has been approved, a copy of the petitioners naturalization certificate and original Certificate of No Marriage (CENOMAR) from NSO, issued within the last 6 months.

Hope this helps

[puru444 44]

Oh i see..

I dont understand either, why they can't help you with the opt out.

I forgot to say that " If the petitioner became a U.S. citizen before the approval of the petition, the beneficiary is not eligible to request for a retention of her F2B category." Accdg to dhs/uscis

This is the exact reply to me by dhs/uscis here us embassy manila:

On Mar 27, 2013, at 9:50 AM, "CIS, MPH Inquiry" <MPHInquiry.CIS@uscis.dhs.gov> wrote:

To apply for opt-out or retention of your F2B category, send your signed written request to: Field Office Director, USCIS Manila, U.S. Embassy, 1201 Roxas Blvd., Ermita, Manila. As enclosures to your signed written request, submit a copy of the notice of approval of your petition or any correspondence from either the NVC or Immigrant Visa Section that the petition has been approved, a copy of the petitioners naturalization certificate and original Certificate of No Marriage (CENOMAR) from NSO, issued within the last 6 months.

Hope this helps

My petition was approved in early 2010 whereas my father gt naturalized last year in 2013.

I wish I could chose this Opt-out in Manila ... Can I courier required documents to Manila?? lolzz

[puru444 44]

A quick update, just talked to my father today.

Call 1: He made a call yesterday on my request to the USCIS at National Customer Service Center NCSC: 1-800-375-5283. Operator told him that this conversion is not possible at all. Its not possible to change a category from F1 to F2b, he has to give up his nationality and yet again gain an LPR status. That was the height of insanity proven by an operator at USCIS that he talked like that. May god HELP AMERICA from these kinda employees. Grrrr ... I was so angry to heard this stupid reason that I have decided to make them a call on this number ....

Call 2: I made a call to this number yesterday, operator listened my story and she suggested that I need to contact NVC for this. According to her, she is not comfortable with this Section-6 CSPA thing at all. She was lost when she heard about it, she took couple of minutes to check within database and she gave me this advice to contact NVC for this help.

Call 3: Today, I called up my father on skype and he called them up yet again while I was watching the whole calling session. Operator said the same thing that this is impossible to convert from F1 to F2b. When he pressurized the operator and gave some references of USCIS website CSPA Section-6 and made her clear that this kinda law actually EXISTS in this world. Then, she put him on hold and checked it out and again the answer was same that we need to clarify things with NVC.

Therefore, USCIS at New Delhi and at America are in same dilemma. They don't know anything about this Section-6 of CSPA Act, instead of that in call 1 the operator taught my father a lesson about CSPA for age out rule of derivative beneficiary. That how this CSPA works and blah blah blah ...

Later on, in further calls there were different operators on call while talking to me and my father (in call 2 and 3) and they were lost when they heard about Section-6 of CSPA "Opt-out" rule. I don't know how these morons work for philippines and mexico to tackle the situations like these.

I am feeling irritated and angry right now. NVC contact no. which they have provided doesn't available at any time, its always busy or outta service. Meanwhile I wrote a mail to NVC regarding this matter and I hope that I will get some relief soon if they could write me some better answers.

Right now, I am regretting that I forced my father to get the citizenship last year, this immigration system sucks!!

[amandaciar22 1]

A quick update, just talked to my father today.

Call 1: He made a call yesterday on my request to the USCIS at National Customer Service Center NCSC: 1-800-375-5283. Operator told him that this conversion is not possible at all. Its not possible to change a category from F1 to F2b, he has to give up his nationality and yet again gain an LPR status. That was the height of insanity proven by an operator at USCIS that he talked like that. May god HELP AMERICA from these kinda employees. Grrrr ... I was so angry to heard this stupid reason that I have decided to make them a call on this number ....

Call 2: I made a call to this number yesterday, operator listened my story and she suggested that I need to contact NVC for this. According to her, she is not comfortable with this Section-6 CSPA thing at all. She was lost when she heard about it, she took couple of minutes to check within database and she gave me this advice to contact NVC for this help.

Call 3: Today, I called up my father on skype and he called them up yet again while I was watching the whole calling session. Operator said the same thing that this is impossible to convert from F1 to F2b. When he pressurized the operator and gave some references of USCIS website CSPA Section-6 and made her clear that this kinda law actually EXISTS in this world. Then, she put him on hold and checked it out and again the answer was same that we need to clarify things with NVC.

Therefore, USCIS at New Delhi and at America are in same dilemma. They don't know anything about this Section-6 of CSPA Act, instead of that in call 1 the operator taught my father a lesson about CSPA for age out rule of derivative beneficiary. That how this CSPA works and blah blah blah ...

Later on, in further calls there were different operators on call while talking to me and my father (in call 2 and 3) and they were lost when they heard about Section-6 of CSPA "Opt-out" rule. I don't know how these morons work for philippines and mexico to tackle the situations like these.

I am feeling irritated and angry right now. NVC contact no. which they have provided doesn't available at any time, its always busy or outta service. Meanwhile I wrote a mail to NVC regarding this matter and I hope that I will get some relief soon if they could write me some better answers.

Right now, I am regretting that I forced my father to get the citizenship last year, this immigration system sucks!!

This are mind draining and frustrating experience........anyways before i opt out they actually knew that my petitioner got naturalized and informed me thru letter that i have this priviledge and when this opt out finishes, uscis is also done handling the case, its all on nvc.

When is your PD @ Puru444. ?

[puru444 44]

This are mind draining and frustrating experience........anyways before i opt out they actually knew that my petitioner got naturalized and informed me thru letter that i have this priviledge and when this opt out finishes, uscis is also done handling the case, its all on nvc.

When is your PD @ Puru444. ?

My pd if 17 Dec 2008

20 Months away from current F1 (I dont think that I would have get a chance to get an interview before 2017 in F1, it moves only 7 months in total this year)

and 18 months away from current F2b (This one is moving very faster than in all family categories right now, successfully completed 15 months as of now, I might be current by next year if go back in F2b)

[G_One 10]

A quick update, just talked to my father today.

Call 1: He made a call yesterday on my request to the USCIS at National Customer Service Center NCSC: 1-800-375-5283. Operator told him that this conversion is not possible at all. Its not possible to change a category from F1 to F2b, he has to give up his nationality and yet again gain an LPR status. That was the height of insanity proven by an operator at USCIS that he talked like that. May god HELP AMERICA from these kinda employees. Grrrr ... I was so angry to heard this stupid reason that I have decided to make them a call on this number ....

Call 2: I made a call to this number yesterday, operator listened my story and she suggested that I need to contact NVC for this. According to her, she is not comfortable with this Section-6 CSPA thing at all. She was lost when she heard about it, she took couple of minutes to check within database and she gave me this advice to contact NVC for this help.

Call 3: Today, I called up my father on skype and he called them up yet again while I was watching the whole calling session. Operator said the same thing that this is impossible to convert from F1 to F2b. When he pressurized the operator and gave some references of USCIS website CSPA Section-6 and made her clear that this kinda law actually EXISTS in this world. Then, she put him on hold and checked it out and again the answer was same that we need to clarify things with NVC.

Therefore, USCIS at New Delhi and at America are in same dilemma. They don't know anything about this Section-6 of CSPA Act, instead of that in call 1 the operator taught my father a lesson about CSPA for age out rule of derivative beneficiary. That how this CSPA works and blah blah blah ...

Later on, in further calls there were different operators on call while talking to me and my father (in call 2 and 3) and they were lost when they heard about Section-6 of CSPA "Opt-out" rule. I don't know how these morons work for philippines and mexico to tackle the situations like these.

I am feeling irritated and angry right now. NVC contact no. which they have provided doesn't available at any time, its always busy or outta service. Meanwhile I wrote a mail to NVC regarding this matter and I hope that I will get some relief soon if they could write me some better answers.

Right now, I am regretting that I forced my father to get the citizenship last year, this immigration system sucks!!

@puru444: I dont think the USCIS operators on that number have much idea about CSPA Opt out. This law is not such a thing that an operator can respond on the fly. So if we give them in writing to the appropriate authority then they will take their own time to check the laws and then approve it. We need to know the appropriate authority (their email id or postal address) for us from India.

However you can ask your dad to either consult an Immigration Attorney (like Murthy law firm etc, they also take appointments on call) to get correct info or visit a USCIS office in USA and ask for the complete procedure (hopefully they will know the process). You can ask him to do either of it or both.

[sap283 0]

puru444 - Did you figure out what has to be done for Indian beneficiaries? I have relative who would be citizen soon and his sons would need this optout as well. I just checked Oct 2014 Visa bulletin and F2B advanced 2 months whereas F1 only 3 weeks. Looking at broader spectrum - F2B advanced almost 21 months in last 13 months, whereas F1 only advanced around 10 months in last 13 months. This suggests that number of people being naturalized is high.

Please post, if you're successful in finding out right solution for USCIS New field office.

@amandaciar22,

First, I mailed them at CIS.NDI@uscis.dhs.gov. This is the link of USCIS Section of New Delhi, I found this link on USCIS website couple of days back and mailed them my all queries (asked about the process and documents needed) and this is the reply I have received by them:

Dear Sir/Madam:

Thank you for your inquiry.

Kindly contact the Service Center in the United States, where the case was filed. This office has no record or jurisdiction on the cases, filed in the United States. You may contact National Customer Service Center NCSC: 1-800-375-5283 to obtain further information or an update.

Please be advised that this Office can provide information only on issues which fall within the jurisdiction of this office and where we have legal authority. USCIS cannot provide legal guidance or suggestion on specific case or situation. If you require help/assistance with a personal legal matter you may wish to seek legal counsel or resolve the concerned matter through independent research.

Then, I made an appointment when to visit them personally when the mail option didn't work. But, that didn't work too!!

I think I need to contact the USCIS head office in US. May be they entertain you people in philippines at Manila Embassy due to high demand of Opt-Out in your country.

But, I am still with no answers and wana know the real stuff ....

[EireneFaith 54]

@amandaciar22,

First, I mailed them at CIS.NDI@uscis.dhs.gov. This is the link of USCIS Section of New Delhi, I found this link on USCIS website couple of days back and mailed them my all queries (asked about the process and documents needed) and this is the reply I have received by them:

Dear Sir/Madam:

Thank you for your inquiry.

Kindly contact the Service Center in the United States, where the case was filed. This office has no record or jurisdiction on the cases, filed in the United States. You may contact National Customer Service Center NCSC: 1-800-375-5283 to obtain further information or an update.

Please be advised that this Office can provide information only on issues which fall within the jurisdiction of this office and where we have legal authority. USCIS cannot provide legal guidance or suggestion on specific case or situation. If you require help/assistance with a personal legal matter you may wish to seek legal counsel or resolve the concerned matter through independent research.

Then, I made an appointment when to visit them personally when the mail option didn't work. But, that didn't work too!!

I think I need to contact the USCIS head office in US. May be they entertain you people in philippines at Manila Embassy due to high demand of Opt-Out in your country.

But, I am still with no answers and wana know the real stuff ....

Hello, any development to your inquiry about retaining your F2B? I searched our website http://blogs.usembassy.gov/philippines/f2b-retention-iv/ and I got an idea how to request for the retention of F2B. Maybe this will give you some ideas. Try to send your letter to DEPARTMENT OF HOMELAND SECURITY/ UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES.

Under section 6 of Child Status Protection Act 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/ United States Citizenship and Immigration Services (DHS/ USCIS) a written statement that he elects to have such conversion revoked.

If you already received from USCIS your approved opt-out F1 to F2B, just disregard my message to you.

Hoping you can have the retention of your F2B.

[puru444 44]

Hello, any development to your inquiry about retaining your F2B? I searched our website http://blogs.usembassy.gov/philippines/f2b-retention-iv/ and I got an idea how to request for the retention of F2B. Maybe this will give you some ideas. Try to send your letter to DEPARTMENT OF HOMELAND SECURITY/ UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES.

Under section 6 of Child Status Protection Act 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/ United States Citizenship and Immigration Services (DHS/ USCIS) a written statement that he elects to have such conversion revoked.

If you already received from USCIS your approved opt-out F1 to F2B, just disregard my message to you.

Hoping you can have the retention of your F2B.

Well thanks for your help, I am finding out the ways to make this happen asap but still unable to find the appropriate address of concerned authority to whom I need to write the letter. Everywhere on various websites I gotta know about the USCIS or DHS, but its a big department and dispersed across the country with many offices from DC to California. Nowhere I have found the authorized signatory's designation and the address.

They have made so simple for Philippines applicants, all you need to submit your request at Manila Embassy, I wish they start this procedure in rest of the countries as well.

Do lemme know if you come across the info regarding my doubts.

[EireneFaith 54]

Well thanks for your help, I am finding out the ways to make this happen asap but still unable to find the appropriate address of concerned authority to whom I need to write the letter. Everywhere on various websites I gotta know about the USCIS or DHS, but its a big department and dispersed across the country with many offices from DC to California. Nowhere I have found the authorized signatory's designation and the address.

They have made so simple for Philippines applicants, all you need to submit your request at Manila Embassy, I wish they start this procedure in rest of the countries as well.

Do lemme know if you come across the info regarding my doubts.

http://www.uscis.gov/about-us/find-uscis-office/international-offices/india-new-delhi-field-office

Try to send your request of exemption from the automatic conversion of the visa address to:

ATTENTION: FIELD OFFICE DIRECTOR

DEPARTMENT OF HOMELAND SECURITY/ U.S. CITIZENSHIP & IMMIGRATION SERVICES

AMERICAN EMBASSY

SHANTIPATH, CHANAKYAPURI

NEW DELHI, INDIA 110 021

I hope this will help.

[kuspat9 0]

@PURU444:

Hello Sir/Ma'am ,

i am having exactly similiar situation as yours for my brother.

i have sent you a detailed email regarding that .

btw , did you manage to OPT_OUT aand revert back to F2B or not??

seems like you F2B file becomes current preety soon

good luck

[kylaravs28 0]

Hi everyone,

 

I had my interview on March 2, 2018. My immigrant Visa application was not processed due to a missing approved F2B retention. As part of the requirement to get an approved F2B retention, a copy of my Notice of Action stating that petition has been approved, was required. However,  I have misplaced my Notice of action. 

 

I have contacted  both USCIS Homeland Security and the National Visa Center (NVC) to obtain a copy of Notice of Action or I-79c (please see below)  Both USCIS and NVC have stated that my case is no longer under their jurisdiction and all my documents are now at the US Consulate in Manila. I have tried to submit the  correspondence from NVC sent to me via email stating that my petition papers have already been processed on their side (hence petition has been approved). However, it was not accepted by the receiving department at the US Consulate, Philippines. My petitioner's naturalization certificate, CENOMAR and my signed letter request to opt-out are all available.