Retrogression...and how will it affect my case?

[Haseo 1]

As you know, F1 category in the Philippines retrogressed to year 2000 and our PD is OCT2001.

NVC scheduled our interview last May 13 when our PD was still current but I had problems with my medical, specifically, I had to undergo sputum test and still waiting until July 22 for the results and have to reschedule my appointment. I fall under category F12 (Son of F11), a derivative and my mom is the principal applicant for the visa and already had hers cause she was interviewed on the original appointment date.

Given the following facts, how will it (retrogression) affect my case:

--May 13 is the original appointment date but rescheduled due to unexpected results then retrogression comes.

--The principal applicant already had a visa.

--Already paid all the fees, from the start we begin the process (last year).

--The case is already in process (in fact, on its last part, I guess) but then this happens.

--Our PD is not current.

Isn't there something like a reserved slot or anything like that for this specific scenario? Because if there's none, I just hate to say, time, effort and money wasted.

I hope you can help me out because I'm new to these. Thank you everyone.

[zuluweta 250]

How old are you right now?

[zuluweta 250]

As you know, F1 category in the Philippines retrogressed to year 2000 and our PD is OCT2001.

NVC scheduled our interview last May 13 when our PD was still current but I had problems with my medical, specifically, I had to undergo sputum test and still waiting until July 22 for the results and have to reschedule my appointment. I fall under category F12 (Son of F11), a derivative and my mom is the principal applicant for the visa and already had hers cause she was interviewed on the original appointment date.

Given the following facts, how will it (retrogression) affect my case:

--May 13 is the original appointment date but rescheduled due to unexpected results then retrogression comes.

--The principal applicant already had a visa.

--Already paid all the fees, from the start we begin the process (last year).

--The case is already in process (in fact, on its last part, I guess) but then this happens.

--Our PD is not current.

Isn't there something like a reserved slot or anything like that for this specific scenario? Because if there's none, I just hate to say, time, effort and money wasted.

I hope you can help me out because I'm new to these. Thank you everyone.

If you are over 21 by the time your PD as derivative beneficiary becomes current, then you have aged out. Your mother will need to file a new petition for you under F2B category but you must remain single until the PD for your F2B becomes current.

Also, as an aside, so your mother was never married? Because the F1 immigrant category is for the unmarried child of a US citizen.

[apple21 953]

As you know, F1 category in the Philippines retrogressed to year 2000 and our PD is OCT2001.

NVC scheduled our interview last May 13 when our PD was still current but I had problems with my medical, specifically, I had to undergo sputum test and still waiting until July 22 for the results and have to reschedule my appointment. I fall under category F12 (Son of F11), a derivative and my mom is the principal applicant for the visa and already had hers cause she was interviewed on the original appointment date.

Given the following facts, how will it (retrogression) affect my case:

--May 13 is the original appointment date but rescheduled due to unexpected results then retrogression comes.

--The principal applicant already had a visa.

--Already paid all the fees, from the start we begin the process (last year).

--The case is already in process (in fact, on its last part, I guess) but then this happens.

--Our PD is not current.

Isn't there something like a reserved slot or anything like that for this specific scenario? Because if there's none, I just hate to say, time, effort and money wasted.

I hope you can help me out because I'm new to these. Thank you everyone.

Have you tried sending an inquiry email to the IV unit of US Embassy Manila?

[Haseo 1]

If you are over 21 by the time your PD as derivative beneficiary becomes current, then you have aged out. Your mother will need to file a new petition for you under F2B category but you must remain single until the PD for your F2B becomes current.

Also, as an aside, so your mother was never married? Because the F1 immigrant category is for the unmarried child of a US citizen.

I'm actually over 21 now and turning 22 (hope so xD) this Oct 10. How about cspa?

--bday, October 10, 1993

--pd, October 30, 2001

--approval, Feb 22, 2005

Yup, she's unmarried, F1 category, F11 is written on her visa to be specific.

Have you tried sending an inquiry email to the IV unit of US Embassy Manila?

Um not yet, but I'll try.

[zuluweta 250]

I'm actually over 21 now and turning 22 (hope so xD) this Oct 10. How about cspa?

--bday, October 10, 1993

--pd, October 30, 2001

--approval, Feb 22, 2005

Yup, she's unmarried, F1 category, F11 is written on her visa to be specific.

Um not yet, but I'll try.

So PD of the petition for your mother is October 30, 2001 but the petition was only approved on February 22, 2005?

If that's correct, then it took about 3 years and 4 months for the petition to be approved. Under CSPA, these 3 years and 4 months would be roughly subtracted from your age at the time your PD is current and you have a visa number ready. However, the U.S. Supreme Court ruled in 2014 that only derivative beneficiaries of F2A petitions qualify for CSPA. Since you're a derivative beneficiary of an F1 petition, then you don't qualify for CSPA.

Once your mother is a permanent resident, she can file an F2B petition for you but you have to remain single and wait for your new F2B PD to be current.

[Haseo 1]

How about this?

http://www.visajourney.com/forums/topic/517513-f4-retrogression-and-aged-out-beneficiaries/page-2

Agent_Zero is also a derivative under F4 visa category of his father and is already 23 years old with an interview last Jan 5, 2015 (2014 is written but judging by dates, he meant 2015) and he was approved. He also pointed out that his name's written on the interview letter which means he's still eligible for the visa.

In my case, my name is also written on IL together with my mom as well as the needed documents specifically from me, so I'm assuming, I'm still eligible for the visa, cause if I already aged out, it makes no sense why NVC tells me (in an indirect way like ceac status "ready", my mom and I have same case number but separated by 01-mom and 02-me after the case number) to prepare, have my medical, etc.

Cspa calculators also indicates that I'm still eligible using the cutoff date last May since cutoff date retrogressed this june.

[zuluweta 250]

How about this?

http://www.visajourney.com/forums/topic/517513-f4-retrogression-and-aged-out-beneficiaries/page-2

Agent_Zero is also a derivative under F4 visa category of his father and is already 23 years old with an interview last Jan 5, 2015 (2014 is written but judging by dates, he meant 2015) and he was approved. He also pointed out that his name's written on the interview letter which means he's still eligible for the visa.

In my case, my name is also written on IL together with my mom as well as the needed documents specifically from me, so I'm assuming, I'm still eligible for the visa, cause if I already aged out, it makes no sense why NVC tells me (in an indirect way like ceac status "ready", my mom and I have same case number but separated by 01-mom and 02-me after the case number) to prepare, have my medical, etc.

Cspa calculators also indicates that I'm still eligible using the cutoff date last May since cutoff date retrogressed this june.

You can keep up the hope. You won't know for sure until you have the immigrant visa on your passport.

[Haseo 1]

Yah, I'm keeping my hopes up but still, I'm ready for any possibilities. Thanks.

[Haseo 1]

And btw, do you have an idea if I will be entertained if I rescheduled my interview during this retrogression where my PD is not current considering the conditions I gave?

[zuluweta 250]

And btw, do you have an idea if I will be entertained if I rescheduled my interview during this retrogression where my PD is not current considering the conditions I gave?

You can try calling or emailing NVC or USEM.

[zuluweta 250]

As you know, F1 category in the Philippines retrogressed to year 2000 and our PD is OCT2001.

NVC scheduled our interview last May 13 when our PD was still current but I had problems with my medical, specifically, I had to undergo sputum test and still waiting until July 22 for the results and have to reschedule my appointment. I fall under category F12 (Son of F11), a derivative and my mom is the principal applicant for the visa and already had hers cause she was interviewed on the original appointment date.

Given the following facts, how will it (retrogression) affect my case:

--May 13 is the original appointment date but rescheduled due to unexpected results then retrogression comes.

--The principal applicant already had a visa.

--Already paid all the fees, from the start we begin the process (last year).

--The case is already in process (in fact, on its last part, I guess) but then this happens.

--Our PD is not current.

Isn't there something like a reserved slot or anything like that for this specific scenario? Because if there's none, I just hate to say, time, effort and money wasted.

I hope you can help me out because I'm new to these. Thank you everyone.

Did the US Embassy give you a new schedule for interview?

[milimelo 4,481]

They don't issue visas if PD is not current.

[aaron2020 11,651]

Hi,

Lots of misinformation here.

CSPA has you covered. As long as you "sought to acquire" a benefit (by filing the DS-260) before retrogression, you have locked your age in under CSPA. Your CSPA age is under 21 and that will not change. Once the PD is current again, you will be eligible for a visa as a derivative beneficiary.

You have nothing to worry about.

Google "CSPA sought to acquire retrogression." This was a popular search when retrogression hit the F2a category in 2013.

Best of luck.

[aaron2020 11,651]

So PD of the petition for your mother is October 30, 2001 but the petition was only approved on February 22, 2005?

If that's correct, then it took about 3 years and 4 months for the petition to be approved. Under CSPA, these 3 years and 4 months would be roughly subtracted from your age at the time your PD is current and you have a visa number ready. However, the U.S. Supreme Court ruled in 2014 that only derivative beneficiaries of F2A petitions qualify for CSPA. Since you're a derivative beneficiary of an F1 petition, then you don't qualify for CSPA.

Once your mother is a permanent resident, she can file an F2B petition for you but you have to remain single and wait for your new F2B PD to be current.

CSPA applies to all immigration cases.

SCOTUS did not say that CSPA only applies to F2a. They said retention of the parent's PD under CSPA only applies to derivative beneficiaries in the F2a category.

CSPA certainly applies to the OP. He is protected.

Please Google "CSPA sought to acquire retrogression."

Edited June 20, 2015 by aaron2020