F2a new visa bulletin and aging out

[Juliak 3]

Just now, Boiler said:

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.

yes, I aged out and now I'm in F2B, so probably need to wait like 5 more years.

And yes I came on F1 visa, did 2 years at a university and now transferred to a different college into part-time program so I lost my student status 

[Juliak 3]

I also found this on some lawyer website:

Q: Do I have to renew my current non-immigrant status while my case is pending?
It is not legally necessary to renew your non-immigrant status, as your status will automatically switch to I-485 pending status when your current status expires, however, we recommend our clients maintain a valid and separate legal status which will allow you to stay in the U.S., if by any reason your adjustment application is denied suddenly.

In order to maintain H-1 or L-1 status, you will need to continue to extend your H-1 or L-1 status and always re-enter the U.S. under that status after traveling abroad.

 

So last summer I traveled to Poland and I came back on advance parole, so I got paroled, I didn't enter using my student status (although it was valid back then)

[Boiler 45,417]

10 minutes ago, Juliak said:

I also found this on some lawyer website:

Q: Do I have to renew my current non-immigrant status while my case is pending?
It is not legally necessary to renew your non-immigrant status, as your status will automatically switch to I-485 pending status when your current status expires, however, we recommend our clients maintain a valid and separate legal status which will allow you to stay in the U.S., if by any reason your adjustment application is denied suddenly.

In order to maintain H-1 or L-1 status, you will need to continue to extend your H-1 or L-1 status and always re-enter the U.S. under that status after traveling abroad.

 

So last summer I traveled to Poland and I came back on advance parole, so I got paroled, I didn't enter using my student status (although it was valid back then)

So you are totally dependent on the F2a being processed.

[Juliak 3]

6 minutes ago, Boiler said:

So you are totally dependent on the F2a being processed.

How come do you think so?

[Mollie09 1,543]

Just now, Juliak said:

How come do you think so?

Because you were paroled in based on your adjustment of status, you are not a student

[Boiler 45,417]

1 minute ago, Juliak said:

How come do you think so?

You said for your last entry you were paroled in on the basis of adjusting through F2a.

[Juliak 3]

1 minute ago, Boiler said:

You said for your last entry you were paroled in on the basis of adjusting through F2a.

Yes, because I filled I-485 when I was still under 21 and was in F2A category. Meanwhile when I was waiting I turned 21 and aged out before my priority date was current so they must have changed my category to F2B but my AOS remains pending. That's my understanding of how it works.

[Boiler 45,417]

Your adjustment died with your change of category, they may not have caught up with the paperwork yet.

[Juliak 3]

5 minutes ago, Boiler said:

Your adjustment died with your change of category, they may not have caught up with the paperwork yet.

are you serious? how do you know that?

I remember someone told me that although the category changed, the adjustment should remain in place, but I need to wait until my date in F2B category is current. And while I'm waiting I should be able to renew my work permit every year. I'm literally so lost now. I don't know who should I listen to now.

[Boiler 45,417]

Probably best for you to have a chat with your friendly local Immigration Lawyer.

 

To adjust under F2b you need to wait until your priority date is current and be in status.

[Bogdan Voloshchuk 0]

3 hours ago, Texansforever said:

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 

I assume yes, since my case was denied I lost everything, and have to go back to Ukraine if I still want to get green card through F2B, that is what all four lawyers I met this week told me. Or I can stay here illegally and try to fight. I am in NY state, Brooklyn. 

Yes, the papers should still be good to be processed through NVC in Ukraine in the future if I don't accumulate more that 180 of unlawful presence and face 3 year bar.

I am still considering if if worth fining for reinstatement after 10 month since my student status was terminated, because the process it at lest 6 month and if I get a negative answer I would already accumulate those 180 day and will still be forced to go back home.

[Juliak 3]

8 minutes ago, Bogdan Voloshchuk said:

I assume yes, since my case was denied I lost everything, and have to go back to Ukraine if I still want to get green card through F2B, that is what all four lawyers I met this week told me. Or I can stay here illegally and try to fight. I am in NY state, Brooklyn. 

Yes, the papers should still be good to be processed through NVC in Ukraine in the future if I don't accumulate more that 180 of unlawful presence and face 3 year bar.

I am still considering if if worth fining for reinstatement after 10 month since my student status was terminated, because the process it at lest 6 month and if I get a negative answer I would already accumulate those 180 day and will still be forced to go back home.

You turned 21 in September 2015, am I right? and you sent AOS application in January 2016 when you were already 21, so maybe that's why they denied you because you aged out even before your date for filling was current in F2A category so technically you shouldn't have sent your I-485

[Bogdan Voloshchuk 0]

3 hours ago, Juliak said:

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?

This is actually so ridiculous when they send me a request for evidence after 7 month and then denied the case based on something totally different. If they had realized earlier I should have not beed called for an interview at all. By doing this they sent me totally off track and I lost my student status. Yes, I did provide everything on time end even spend additional 300 on medical and then 750 on lawyer to put everything together. 

Those info pass appointments that you do all the time are useless, those people don't know anything about law and how things are done. They just read the script and everything else is done by officers and their supervisors.

 

I see you are in the same situation that I am, just did not receive your denial yet (I really hope you will now!!) Can you text me on Facebook https://www.facebook.com/bodia.voloshchuk 

[Bogdan Voloshchuk 0]

3 minutes ago, Juliak said:

You turned 21 in September 2015, am I right? and you sent AOS application in January 2016 when you were already 21, so maybe that's why they denied you because you aged out even before your date for filling was current in F2A category so technically you shouldn't have sent your I-485

so that is when the CSPA calculation gets in. According to chart B, CSPA would show 20years and 9 mouth. And even though  I filed in January my age was supposed to be frozen. and on USCIS that indicate that for January 2016 I should have youse Chart B dates for filing. So I Did everything what they guided me though 

[Texansforever 2]

3 hours ago, Bogdan Voloshchuk said:

This is actually so ridiculous when they send me a request for evidence after 7 month and then denied the case based on something totally different. If they had realized earlier I should have not beed called for an interview at all. By doing this they sent me totally off track and I lost my student status. Yes, I did provide everything on time end even spend additional 300 on medical and then 750 on lawyer to put everything together. 

Those info pass appointments that you do all the time are useless, those people don't know anything about law and how things are done. They just read the script and everything else is done by officers and their supervisors.

 

I see you are in the same situation that I am, just did not receive your denial yet (I really hope you will now!!) Can you text me on Facebook https://www.facebook.com/bodia.voloshchuk 

That’s right the info pass lady was so lost when we went it was a complete waste of time they really need a standard or an explanation on what happens in this cases Published in the Uscis website so people know what to expect