F2a new visa bulletin and aging out

[Bogdan Voloshchuk 0]

I want to share my experience. 

Date of birth 09/26/1994.

PD January 30. 2015.

I used cart B to file I485 in january 2016, received work authorization and travel document. In november 2016, when my PD became current under chart A they started processing my case and called me for an interview on April 7, 2017. Seven month after the interview they sent request for evidence ( they wanted my new medical and proof of my legal stay in the country). On February 10 received denial based on aging out. Now I am transferred from F2A to F2B. In denial letter they used chart A to determine my age and eligibility for F2A.

Have just a little time left to file a motion to reopen of reconsider until March 15. Anyone already had denial and did something? I am in a really bed position because I lost my student status and probably already considered out of status since the day of denial.  

[Juliak 3]

I’m transferred to F2B too, so let’s say in 5 years my date will be current and I lost my student status too. How am I supposed to show my legal stay in the country?

[Texansforever 2]

11 minutes ago, Juliak said:

I’m transferred to F2B too, so let’s say in 5 years my date will be current and I lost my student status too. How am I supposed to show my legal stay in the country?

Did you get denied? Are you able to still renew your work permit for now? 

[Texansforever 2]

6 hours ago, Bogdan Voloshchuk said:

I want to share my experience. 

Date of birth 09/26/1994.

PD January 30. 2015.

I used cart B to file I485 in january 2016, received work authorization and travel document. In november 2016, when my PD became current under chart A they started processing my case and called me for an interview on April 7, 2017. Seven month after the interview they sent request for evidence ( they wanted my new medical and proof of my legal stay in the country). On February 10 received denial based on aging out. Now I am transferred from F2A to F2B. In denial letter they used chart A to determine my age and eligibility for F2A.

Have just a little time left to file a motion to reopen of reconsider until March 15. Anyone already had denial and did something? I am in a really bed position because I lost my student status and probably already considered out of status since the day of denial.  

Omg this is HORRIBLE how can they do this!!! Please keep us updated!!! Did you loose everything??? I mean Am assuming that you can no longer renew your work permit then? What state are you in? Are your papers still good to be used when F2B is currrent? Let me know what your lawyer advises you and if you can go back to student status or what to do in that case 

[Juliak 3]

11 minutes ago, Texansforever said:

Did you get denied? Are you able to still renew your work permit for now? 

I didn’t get denied, I applied for adjustment of status back when I was still under F2A and I got work permit and actually now I’m renewing it but it’s been already 4 months and I haven’t got it yet since they are so behind... I have infopass appointment tomorrow bc my old work permit expires march 9th and I can’t stop working.

I’ll ask them then what’s gonna happen if I lost my student status.

Boghan maybe they denied you because they realized you’re no longer in F2A and you have to wait more; maybe it doesn’t mean they closed your case based on denial. One question for you, when they asked you for new medical and proof of your legal stay in the country, did you send it to them right away?

[Texansforever 2]

Same here with the wait for renewal  they are technically extenended 180 days I don’t know how to explain that to an employer

 

https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension

[Texansforever 2]

45 minutes ago, Juliak said:

I’m transferred to F2B too, so let’s say in 5 years my date will be current and I lost my student status too. How am I supposed to show my legal stay in the country?

How did you find out the transfer to F2B my brother has not received anything and we have gone to info pass submitted inquiry and everything 

[Juliak 3]

People that are in F2A and with similar date as me got their green cards already. I haven’t heard anything. And one time I called and obviously they have no idea but one lady said if you haven’t heard anything and other people did you can assume you were transferred and besides that before I was even current in F2A I went for infopass and the officer checked on some calculator that I’m missing 30 days to be considered F2A so I’ll most likely get transferred to F2B. So I assume I am F2B now..

btw the calculation is pretty easy, just tell me when they got your I-130 (your priority date) and when it got approved, then tell me your date of birth

Edited March 1, 2018 by Juliak

[Boiler 45,417]

Basically you need to be in status to adjust status, so if not as a Student then another status that allows you to stay in the US.

[Texansforever 2]

2 minutes ago, Boiler said:

Basically you need to be in status to adjust status, so if not as a Student then another status that allows you to stay in the US.

Are you still in line for F2b or flat out have to start from zero?

[Boiler 45,417]

11 minutes ago, Texansforever said:

Are you still in line for F2b or flat out have to start from zero?

You keep your priority date but basically move to another, longer, line.

[Juliak 3]

14 minutes ago, Boiler said:

Basically you need to be in status to adjust status, so if not as a Student then another status that allows you to stay in the US.

when I was sending my AOS I had student status but I transferred to another school and I do a part time program so I lost my student status, does it mean they will deny my case in 5 years bc I lost my status?

[Boiler 45,417]

1 minute ago, Juliak said:

when I was sending my AOS I had student status but I transferred to another school and I do a part time program so I lost my student status, does it mean they will deny my case in 5 years bc I lost my status?

 You would be doing Consular processing in your home country. You do not want to accrue a ban due to illegal presence.

[Juliak 3]

8 minutes ago, Boiler said:

 You would be doing Consular processing in your home country. You do not want to accrue a ban due to illegal presence.

But I live here, not in Poland. Are you saying that right before my date is current I have to go back to Poland and then do consular processing? I never sent anything to NVC, I applied for adjustment of status and I don't really know how to change it into consular processing now.

[Boiler 45,417]

I am assuming you are not able to adjust under F2a and have to wait for F2b. Just to make it clear.

 

Sounds like you were here on a F1, temporarily to study, not live in the US.