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Mom and Son

Please advise re Category Question

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Filed: FB-2 Visa Country: Colombia
Timeline

I filed for my son when he was 19 years old and two years later when his priority date was current my son received an interview from the American Embassy in Colombia. During the interview, my son received a letter telling him he does not qualify for this visa category because he is over the age of 21 and CSPA does not apply on his case, and his visa was refused.

His case on CEAC shows his case was returned to NVC and my question is if NVC will change his category from F2A to F2B automatically or do I need to  do something else to request a change in category?

I want to know what it is the procedure for this kind of situation.

Thank you in advance.

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You can’t change the category because you can’t turn back time. Just like they said, he has aged out of the F2A category so he is considered an adult.

 

Nothing more you can do be wait until his New priority date becomes available.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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I think the OP is asking if he has to contact NVC to tell them to change it to F2B or if they will do so automatically.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: F-2A Visa Country: Pakistan
Timeline
20 minutes ago, Mom and Son said:

I filed for my son when he was 19 years old and two years later when his priority date was current my son received an interview from the American Embassy in Colombia. During the interview, my son received a letter telling him he does not qualify for this visa category because he is over the age of 21 and CSPA does not apply on his case, and his visa was refused.

His case on CEAC shows his case was returned to NVC and my question is if NVC will change his category from F2A to F2B automatically or do I need to  do something else to request a change in category?

I want to know what it is the procedure for this kind of situation.

Thank you in advance.

Why CSPA doesnt apply 

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Just now, Hassan Jadoon said:

Why CSPA doesnt apply 

What is his birthdate, the I-130's PD, and the I-130's approval date?

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: FB-2 Visa Country: Colombia
Timeline
3 minutes ago, geowrian said:

I think the OP is asking if he has to contact NVC to tell them to change it to F2B or if they will do so automatically.

That is correct.

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Filed: F-2A Visa Country: Pakistan
Timeline

Tell us priority date and I130 approval date and Interview date

Also tell date of birth 

Edited by Hassan Jadoon
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Filed: FB-2 Visa Country: Colombia
Timeline
1 minute ago, geowrian said:

What is his birthdate, the I-130's PD, and the I-130's approval date?

Birthday: September 10, 1996

Priority date: January 12, 2016

Approval date: May 4, 2016

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6 minutes ago, Mom and Son said:

Priority date was current on January 1, 2018

On Jan 1st, 2018, his CSPA-adjusted age was 21 years and 0 month old. So yes, he turned 21 and CSPA no longer covers him.

Edit: Dang...literally missed it by 1 day.

 

Date of birth:
09/10/1996
Priority date:
01/12/2016
Approval date:
05/04/2016
Visa bulletin current date:
01/01/2018
Petition pending duration:
0 Years 3 Months 23 Days
Visa availability date:
01/01/2018
Actual age when visa became available:
21 Years 3 Months 23 Days
CSPA age:
21 Years 0 Months 0 Days
Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: FB-2 Visa Country: Colombia
Timeline
1 minute ago, geowrian said:

On Jan 1st, 2018, his CSPA-adjusted age was 21 years and 0 month old. So yes, he turned 21 and CSPA no longer covers him.

 

Date of birth:
09/10/1996
Priority date:
01/12/2016
Approval date:
05/04/2016
Visa bulletin current date:
01/01/2018
Petition pending duration:
0 Years 3 Months 23 Days
Visa availability date:
01/01/2018
Actual age when visa became available:
21 Years 3 Months 23 Days
CSPA age:
21 Years 0 Months 0 Days

Yes! Unfortunately CSPA does not apply in his case. My question is if NVC will change his category automatically or do l need to do something else. 

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Filed: FB-2 Visa Country: Colombia
Timeline
Just now, Hassan Jadoon said:

  Extremely sorry your son visa category will change into f2b because CSPA cant protect him 

Yes! I am very sad.

I know CSPA does not apply for him. Please answer my question. 

Thank you!! 

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1 minute ago, Mom and Son said:

Yes! Unfortunately CSPA does not apply in his case. My question is if NVC will change his category automatically or do l need to do something else. 

Yeah, sorry...I've seen some close calls but this is the closest I've seen.

 

NVC should change the category to F2B automatically, but giving them a heads up to make sure isn't bad either.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: FB-2 Visa Country: Colombia
Timeline
Just now, geowrian said:

Yeah, sorry...I've seen some close calls but this is the closest I've seen.

 

NVC should change the category to F2B automatically, but giving them a heads up to make sure isn't bad either.

I called NVC,  but they have not received his case yet so the agent was not sure what to say about  it.

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