F2a new visa bulletin and aging out

[From_VN_To_TX 17]

This happen to me when I did AOS. They called me in for an interview and it went well, I guessed. The IO told me he saw nothing wrong with my case but he was new so it required his manager's approval. 2 months later I got a denial due to aged out and transferred to F2B. Fortunately, I was still maintaining my F1 status the whole time. In the denial letter, they specifically indicated that their decision only based on the Final Action Date to determine the date. Filling date only allows us to file AOS so they can keep track of visa availability. Anyways, in the denial letter clearly indicated what status I was in and I am authorized to stay until the expiration of my I-20 and any benefits I got from AOS such as EAD and travel parole is NOT valid anymore. 

I would advise whoever adjusting status on F2A and over 21 to maintain their status the whole time. Good luck to y'all. 

Edited March 2, 2018 by Mr Simba

[Juliak 3]

31 minutes ago, Mr Simba said:

This happen to me when I did AOS. They called me in for an interview and it went well, I guessed. The IO told me he saw nothing wrong with my case but he was new so it required his manager's approval. 2 months later I got a denial due to aged out and transferred to F2B. Fortunately, I was still maintaining my F1 status the whole time. In the denial letter, they specifically indicated that their decision only based on the Final Action Date to determine the date. Filling date only allows us to file AOS so they can keep track of visa availability. Anyways, in the denial letter clearly indicated what status I was in and I am authorized to stay until the expiration of my I-20 and any benefits I got from AOS such as EAD and travel parole is NOT valid anymore. 

I would advise whoever adjusting status on F2A and over 21 to maintain their status the whole time. Good luck to y'all. 

That is so ridiculous. Why do they let us file for AOS if they are gonna deny us anyway, complete nonsense. Maintaining status would be smart but that would make me study full time for 7 years straight, sorry but I have no money and time for that. Oh and paying international student tuition.. while now I pay in state.

Samba what is your date of birth, your priority date and when did you send your AOS application?

 

Today on info pass the lady told me my age freezes at the time I send AOS so since it was when I was 20 years old I should be good. I feel like she has no idea what she's talking about bc that would be too good to be true..

Edited March 2, 2018 by Juliak

[Boiler 45,417]

Age freezes if you are sponsored by a USC.

[Juliak 3]

3 minutes ago, Boiler said:

Age freezes if you are sponsored by a USC.

That's what I was thinking but she knew my dad is a permanent resident and she still said that my age froze when I applied for AOS. Oh and also she said that my priority date from I-130 does't matter anymore, now my date is the one when they received AOS and that's the date I check in F2A category chart.

[Boiler 45,417]

Have you spoken with a Lawyer yet? I can not tell and would not want to guess when you went out of status but you obviously do not want to be so over a year and get a 10 year ban.

[From_VN_To_TX 17]

2 minutes ago, Boiler said:

Age freezes if you are sponsored by a USC.

Yes, that is correct. The age freezes only when you are sponsored by USC or when you're Final Action Date becomes available and you submit AOS to USCIS or DS-260 if you go through NVC. I think people get confused with Date for Filing because it allows us to submit our paperwork and ready for the interview when visa becomes available. Just like people abroad complete their case at NVC for the interview. We are in the US also have an advantage to apply for EAD combo card at the same time. 

USCIS wouldn't care how we stay in status during this time because it's our responsibility to do so. If we can't maintain in the US, we can always leave and wait in our home country. If you are already out of status and are deemed to be aged out, I would suggest 2 options:

1. Apply to re-instate your F-1 status.

2. Gather all documentations and evidence to support your I-601 due to out of status that make you have a bar in your eligibility for AOS. If I remembered correctly, the new law allow beneficiary of LPR to submit this application. After 601 approved, you need to leave the country to attend the interview without getting a 3 or 10 years bar. 

Hope this helps. 

[Juliak 3]

15 minutes ago, Boiler said:

Have you spoken with a Lawyer yet? I can not tell and would not want to guess when you went out of status but you obviously do not want to be so over a year and get a 10 year ban.

No I never used any lawyer, always did everything on my own. I think if they send me denial then with the day they do then I become illegal. I hope they won't deny me. I hope they will keep my application and start processing it again when I'm current in F2B category.

 

Simba I sent you private message, can you answer me please?

Edited March 2, 2018 by Juliak

[Boiler 45,417]

5 minutes ago, Juliak said:

No I never used any lawyer, always did everything on my own. I think if they send me denial then with the day they do then I become illegal. I hope they won't deny me. I hope they will keep my application and start processing it again when I'm current in F2B category.

As I mentioned you will be doing Consular processing by then, I assume you were out of status when you used AP and were no longer under F1.

[Juliak 3]

2 minutes ago, Boiler said:

As I mentioned you will be doing Consular processing by then, I assume you were out of status when you used AP and were no longer under F1.

No, I arrived to the US on advance parole, although my student status was still valid (went to Poland in August, lost student status in October). I gave the officer my I 20 and my combo card and he didn't even want to look at I-20, just asked me where I work and paroled me right away.

[Boiler 45,417]

As has been mentioned you were paroled in as an adjustee, not as a Student.

 

You mentioned you can not afford to carry on studying, what is the plan?

[Juliak 3]

6 minutes ago, Boiler said:

As has been mentioned you were paroled in as an adjustee, not as a Student.

 

You mentioned you can not afford to carry on studying, what is the plan?

what's the difference if they let me in on my student status and between an adjustee?

I still go to school, I got accepted into a radiologic technology program, but it's part time and I work full time. it's a very selective program so it wasn't easy to get accepted... it's not like I don't go to school, I do but it's not 12 credits, and I pay over half less bc I'm considered in-state so I can afford it.

Edited March 2, 2018 by Juliak

[Boiler 45,417]

7 minutes ago, Juliak said:

what's the difference if they let me in on my student status and between an adjustee?

I still go to school, I got accepted into a radiologic technology program, but it's part time and I work full time. it's a very selective program so it wasn't easy to get accepted... it's not like I don't go to school, I do but it's not 12 credits, and I pay over half less bc I'm considered in-state so I can afford it.

You have no status, OK there are millions here in the same position so you intend to stay and live? Can you work illegally?

[Juliak 3]

4 minutes ago, Boiler said:

You have no status, OK there are millions here in the same position so you intend to stay and live? Can you work illegally?

No, I work based on work authorization. I applied for renewal back in October so I should have it renewed soon.

[Boiler 45,417]

You really need to see a Lawyer, not sure that you understand any of this.

Edited March 2, 2018 by Boiler

[Juliak 3]

Probably I will see a lawyer at some point and I think I do. Maybe I should be worried more than I actually am. But the lady at the info pass told me that as long as my AOS is pending I should be good and I should be getting work authorization every year. Unless my case gets denied then I automatically become illegal.