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Filed: AOS (apr) Country: India
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Posted

Good Morning,

I haven't seen any topics/posts here relation to Section 204(l), so wanted to post my experience so far.

I entered US via F1, currently on H1B. My father, a LPR, filed a petition for me back in 2008 (F2B, and still unmarried), and it got approved in 2010. However, he passed away in 2013.

I have been residing in the US since 2008.

My visa date for that petition got current last year, so through a lawyer, I filed a reinstatement under section 204(l) in October 2015. Did by biometrics the same month and got my EAD. No RFE.

Interview was scheduled and held on 31st March at Federal Plaza, New York City. The office who interviewed me admitted this was the first section 204(l) she was working and she did not know why I did not receive an interview waiver. At first she asked me to prove that I resided with my father. No where in the 204(l) memo does it say the beneficiary needs to reside with the petitioner, especially since I am older than 21.

My lawyer was with me and insisted that the memo does not require me to stay with my father, but to prove that I resided in the US during the approval of the petition and ever since. To which we had provided extensive documentation, my F1 status, H1B, paystubs, employee letters everything.

After about 5 minutes of looking up and down the memo, and discussing it with the lawyer, she kind of agreed. But she said she was holding my case under review because she wanted to check with her supervisor again.

My queries to all of you are, has anyone come across a similar case? What was the verdict? How long do I have to wait before I can hear from them? I know the letter says 120 days, but she said 2 months.

As per the Section 204(l), I fulfill all requirements. Or so it seems.

Any opinions?

  • 6 months later...
  • 2 years later...
Posted

Hello, 

I am in the same situation like you, could you please help me with what happened after interviewing? 

I am now a student and getting reading to apply for sec 204(l). How long did it take? How successful is reinstating under sec 204(l)?

 
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