AOS with CSPA opt-out request from F1 to F2b

[cadetlthsu 0]

Hey guys!

I am currently in the US with H1b visa. I have an approved I-130 with priority date in July 2009. My initial category was F2b because my mother petitioned I-130 on my behalf when she was still a permanent resident. When my mother got naturalized my category got bumped to F1.

Unfortunately, right now F1 category is about 1 year slower than F2b. My priority date with F2b is just a few months away.

I've tried to exercise the CSPA opt-out revision with the help of my attorney. So far we've made request to both NVC and USCIS and they BOTH told me they have no jurisdiction over the matter. It boggles my mind that even though it is the law explicitly stated in CSPA provision USCIS/NVC still refuse to take any actions.

Per my attorney's suggestion, we are going to try again when my F2b priority becomes current. We will file another opt-out request from F1 to F2b along with AOS. Do you guys think this is good idea?

Any help is appreciated!

Thanks!

[Boiler 45,749]

Sounds logical to me.

[Hypnos 6,577]

http://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act/child-status-protection-act-cspa indicates that you must make a request in writing to USCIS to opt-out.

Should USCIS insist that they still have no jurisdiction to act, I would then take it to the DHS Ombudsman.

http://www.dhs.gov/teleconference-recap-child-status-protection-act-cspa-%E2%80%93-how-it-working-you further indicates that you should file your request with the local office having jurisdiction over your place of residence.

Edited November 15, 2015 by Hypnos

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to Bringing Family Members of US Citizens to America ~