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Filed: Country: Vietnam (no flag)
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Posted

She's outside, too.

Do you know how NVC determines our priority dates to becomes current - using Application Final Action Dates chart or Dates for Filing Applications chart?

Dates for Filing could be much shorter.

Final Action is when a visa becomes available.

Dates for filing is when the I-864 and DS-260 can be submitted.

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Filed: F-2A Visa Country: Nepal
Timeline
Posted

She's outside, too.

Do you know how NVC determines our priority dates to becomes current - using Application Final Action Dates chart or Dates for Filing Applications chart?

Dates for Filing could be much shorter.

NVC uses Dates of Filing Application chart to start collecting supporting anf affidavit of support documents. It will use Final Action dates for interview scheduling process.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: Country: Bangladesh
Timeline
Posted (edited)

She's outside, too.

Do you know how NVC determines our priority dates to becomes current - using Application Final Action Dates chart or Dates for Filing Applications chart?

Dates for Filing could be much shorter.

The time USCIS takes to approve the petition doesn't count.

Try this one. It is useful to determine how much time a child has to get the visa.

CSPA Age Calculator...

http://tnimmigration.com/practice-areas/nashville-immigration-attorney/cspa-age-calculator-i-130-i-140/

Edited by zoba2016
Filed: Country: Bangladesh
Timeline
Posted

The time USCIS takes to approve the petition doesn't count.

Try this one. It is useful to determine how much time a child has to get the visa.

CSPA Age Calculator...

http://tnimmigration.com/practice-areas/nashville-immigration-attorney/cspa-age-calculator-i-130-i-140/

Determine the age of the alien on the date that a visa number

becomes available.

Subtract the number of days the petition was pending from the

aliens age at the time of visa availability.

This is the alien beneficiarys CSPA age. If the child is under 21

using this formula, he or she may benefit from CSPA age-out

Filed: Timeline
Posted

Hello,

I hope "the hack" below will give you an insight into a possible solution to your problem. Even though predictions might give you some hope and piece of mind, what you really want is a solution to your problem.

My sister is currently having the same issue and we got a lawyer to help us navigate the system...

The is law called the "Child Status Protection Act" (CSPA) than is little complex to interpret for child of green card holder but it state that the amount of time your form I-130 was pending need to be subtracted from your age when a visa number become available for you. As of now, nobody know if the visa is available when the "Date for filling" is current or when the "final action date is current"....

Still your lawyer or your local senator(Yes, almost all US senators have employees who help citizens with immigration concerns...) They can ask the USCIS to delay the approval of your I-130 so that you have more months to subtract from your age when the visa is available to you. It might or might not work but at least it is nice to try. They might have to fill a new i-130 again on your behalf reclaiming your old prior priority date...

In the other hand, unless you are really really unlucky, your "date for filling" will become current by the end of this year; if that happen and the uscis authorize to file using date for filling (they indicate each month), submit the adjustment of status (concurrently with the work authorization and advance parole document), they will send you your temporary green card within 3 months and even if you age out and the CSPA doesn't help (worst case scenario). your case will automatically be converted to f2b and they will more likely keep renewing your work authorization and travel document since your case is pending for visa availability....

I hope this help, if you can, get a lawyer and tell him about this solution, I have contacted 3 lawyers for my sister and the last once came up with the strategy above which i like. I did a lot of research myself...

Good luck with everything

Filed: F-2A Visa Country: Nepal
Timeline
Posted (edited)

Hello,

I hope "the hack" below will give you an insight into a possible solution to your problem. Even though predictions might give you some hope and piece of mind, what you really want is a solution to your problem.

My sister is currently having the same issue and we got a lawyer to help us navigate the system...

The is law called the "Child Status Protection Act" (CSPA) than is little complex to interpret for child of green card holder but it state that the amount of time your form I-130 was pending need to be subtracted from your age when a visa number become available for you. As of now, nobody know if the visa is available when the "Date for filling" is current or when the "final action date is current"....

Still your lawyer or your local senator(Yes, almost all US senators have employees who help citizens with immigration concerns...) They can ask the USCIS to delay the approval of your I-130 so that you have more months to subtract from your age when the visa is available to you. It might or might not work but at least it is nice to try. They might have to fill a new i-130 again on your behalf reclaiming your old prior priority date...

In the other hand, unless you are really really unlucky, your "date for filling" will become current by the end of this year; if that happen and the uscis authorize to file using date for filling (they indicate each month), submit the adjustment of status (concurrently with the work authorization and advance parole document), they will send you your temporary green card within 3 months and even if you age out and the CSPA doesn't help (worst case scenario). your case will automatically be converted to f2b and they will more likely keep renewing your work authorization and travel document since your case is pending for visa availability....

I hope this help, if you can, get a lawyer and tell him about this solution, I have contacted 3 lawyers for my sister and the last once came up with the strategy above which i like. I did a lot of research myself...

Good luck with everything

Wow, the lawyers who recommended that without knowing the following are dumb.

1. Everyone knows the visa is available when your final action date is current. When the filing date is current, you are eligible to submit the application but not to get the green card or immigrant visa.

2. When the filing date is current and you file for AOS/EAD/AP, nodody sends you green card until the final action date becomes current. You can get EAD/AP that'll allow you to work or travel while you wait for your GC. That's the advantage of this new filing date system.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: Timeline
Posted

Wow, the lawyers who recommended that without knowing the following are dumb.

1. Everyone knows the visa is available when your final action date is current. When the filing date is current, you are eligible to submit the application but not to get the green card or immigrant visa.

2. When the filing date is current and you file for AOS/EAD/AP, nodody sends you green card until the final action date becomes current. You can get EAD/AP that'll allow you to work or travel while you wait for your GC. That's the advantage of this new filing

It is amazing how we often miss opportunity to learn. Let's stay open minded and remember that the law sometime is ambiguous and smart lawyers take advantage of it. So far, it worked great for me.

Also, Please read first! then criticize later. Nobody said "you can get a green card before the final action date is current." where did you get that?

For the visa availability, the cut off could be the date for filling or the date of final action, USCIS decide each month.

USCIS definition of visa availability is: "Availability of an immigrant visa means eligible applicants are able to take one of the final steps in the process of becoming U.S. permanent residents."

bottom of this page: https://www.uscis.gov/news/uscis-announces-revised-procedures-determining-visa-availability-applicants-waiting-file-adjustment-status

Visa availability had always meant "visa will be available sometime soon in the future", and USCIS use the available visa number when the final action date is current.

They issues the EAD/Advance parole document when their statistics tell them your visa number is available and will be allocated by the end of the year.

see the following like bottom page https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-and-priority-dates#Acceptance

the last paragraph printed below tell it all

Validity of EAD/Advance Parole documents (“Combo Cards”)

If you are filing your Form I-485 based on a category which has a visa currently available according to the “The Application Final Action Date” or the “Dates for Filing Applications” chart, you may request that USCIS issue your work and travel authorization on a single document. This document is commonly referred to as a “combo card.” USCIS will issue these combo cards with a one-year validity period, according to current policies and procedures.

Filed: Timeline
Posted

Still your lawyer or your local senator(Yes, almost all US senators have employees who help citizens with immigration concerns...) They can ask the USCIS to delay the approval of your I-130 so that you have more months to subtract from your age when the visa is available to you. It might or might not work but at least it is nice to try. They might have to fill a new i-130 again on your behalf reclaiming your old prior priority date...

How my lawyer or my local senator can ask the USCIS to do their job slower than have to according to their regulations? Can you explain this point or give an example of a letter to the USCIS please?

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