I -130 petition delayed

[Brina222 0]

My priority date has been issued since 2016, when I got a letter stating that a visa number is unavailable and the petition is not eligible for further processing. It’s been 4 years now and I still haven’t received a letter or an email regarding my case. Can someone please help me to figure out what’s happening to this petition?

[SusieQQQ 11,586]

7 minutes ago, Brina222 said:

My priority date has been issued since 2016, when I got a letter stating that a visa number is unavailable and the petition is not eligible for further processing. It’s been 4 years now and I still haven’t received a letter or an email regarding my case. Can someone please help me to figure out what’s happening to this petition?

Confirming your category is F2A? F2A has been current for all priority dates for over a year and a half now, although no visas have been issued in this category since mid-March 2020. Are you spouse or child? If child what is your age?

[HRQX 4,145]

22 minutes ago, Brina222 said:

It’s been 4 years now and I still haven’t received a letter or an email regarding my case.

Did you try to follow-up with NVC and ask them? Currently, there is a ban on most Immigrant Visas. It's a longshot, but do you meet one of the following exceptions: https://www.federalregister.gov/documents/2020/04/27/2020-09068/suspension-of-entry-of-immigrants-who-present-a-risk-to-the-united-states-labor-market-during-the (Also I-601A provisional waiver cases and a few others are exempt because of Section 2a exempting those physically inside the US on April 23, 2020) https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/immigrant-visa-statistics/monthly-immigrant-visa-issuances.html

The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to:

(i) any lawful permanent resident of the United States;

(ii) any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees; and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;

(iii) any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;

(iv) any alien who is the spouse of a United States citizen;

(v) any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

(vi) any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;

(vii) any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;

(viii) any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or

(ix) any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

[Brina222 0]

1 hour ago, SusieQQQ said:

Confirming your category is F2A? F2A has been current for all priority dates for over a year and a half now, although no visas have been issued in this category since mid-March 2020. Are you spouse or child? If child what is your age?

I’m the daughter, I’m 25 yrs old and yes it’s category F2A

[Brina222 0]

1 hour ago, HRQX said:

Did you try to follow-up with NVC and ask them? Currently, there is a ban on most Immigrant Visas. It's a longshot, but do you meet one of the following exceptions: https://www.federalregister.gov/documents/2020/04/27/2020-09068/suspension-of-entry-of-immigrants-who-present-a-risk-to-the-united-states-labor-market-during-the (Also I-601A provisional waiver cases and a few others are exempt because of Section 2a exempting those physically inside the US on April 23, 2020) https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/immigrant-visa-statistics/monthly-immigrant-visa-issuances.html

The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to:

(i) any lawful permanent resident of the United States;

(ii) any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees; and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;

(iii) any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;

(iv) any alien who is the spouse of a United States citizen;

(v) any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

(vi) any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;

(vii) any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;

(viii) any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or

(ix) any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

I sent an email to NVC...waiting for a response. Thank you

[SusieQQQ 11,586]

5 minutes ago, Brina222 said:

I’m the daughter, I’m 25 yrs old and yes it’s category F2A

You may have aged out into F2B. What are the priority and approval dates on the petition, and your birth date?

 

 

Edited January 6, 2021 by SusieQQQ

[Brina222 0]

9 hours ago, SusieQQQ said:

You may have aged out into F2B. What are the priority dates and approval dates on the petition, and your birth date?

Priority date: 30 NOV 2015

Notice date: March 30 2016

DOB: XX JAN 19XX

not seeing a approval date

Edited January 6, 2021 by millefleur
Removed personal information

[SusieQQQ 11,586]

9 hours ago, Brina222 said:

Priority date: 30 NOV 2015

Notice date: March 30 2016

DOB: XX JAN 19XX

not seeing a approval date

I’m thinking the March 2016 notice is the approval date? (It is the point at which USCIS transfers the case to NVC and would trigger the message you say you got in first post).  Do you have a copy of the actual i797 notice from March 2016?

 

If this assumption is correct - then you would have aged out in June 2016, before a F2A visa number was available to you (at that stage F2A visas were only available to those with a priority date earlier than Nov 2014). This would have automatically rolled you into F2B (sons and daughters over 21 of LPRs), with the same original priority date retained, resulting in the longer wait. The relatively good news is that F2B is at present current for priority dates up to July 2015, so hopefully you will not have much longer to wait (although there has been a backlog building up since March that will affect timelines when embassies restart family based visa categories). Your petitioner should however by now have received a request for documents to be submitted- so follow up with the parent who sponsored you (did they perhaps change address and miss a notice?) or NVC, so that you can get all the paperwork done and be ready to go when your date gets current.

Edited January 6, 2021 by millefleur
Removed personal information

[Brina222 0]

5 hours ago, SusieQQQ said:

I’m thinking the March 2016 notice is the approval date? (It is the point at which USCIS transfers the case to NVC and would trigger the message you say you got in first post).  Do you have a copy of the actual i797 notice from March 2016?

 

If this assumption is correct - then you would have aged out in June 2016, before a F2A visa number was available to you (at that stage F2A visas were only available to those with a priority date earlier than Nov 2014). This would have automatically rolled you into F2B (sons and daughters over 21 of LPRs), with the same original priority date retained, resulting in the longer wait. The relatively good news is that F2B is at present current for priority dates up to July 2015, so hopefully you will not have much longer to wait (although there has been a backlog building up since March that will affect timelines when embassies restart family based visa categories). Your petitioner should however by now have received a request for documents to be submitted- so follow up with the parent who sponsored you (did they perhaps change address and miss a notice?) or NVC, so that you can get all the paperwork done and be ready to go when your date gets current.

Yes my dad changed address, it has already been updated. 

 

Edited January 6, 2021 by Penguin_ie
personal info

[SusieQQQ 11,586]

first - please delete that picture or blank out identifying details (name, address, petition  number etc)
 

Then yes, that is the approval notice - if you look at the box below beneficiary name it says “approval notice“.

 

Suggest you contact NVC to follow up on why your dad did not receive notice to submit document, that’s the next step and the notice should have been received some months back. Good luck!

[Brina222 0]

5 minutes ago, SusieQQQ said:

first - please delete that picture or blank out identifying details (name, address, petition  number etc)
 

Then yes, that is the approval notice - if you look at the box below beneficiary name it says “approval notice“.

 

Suggest you contact NVC to follow up on why your dad did not receive notice to submit document, that’s the next step and the notice should have been received some months back. Good luck!

Thank you!!!

[millefleur 5,046]

**Removed personal information. Please refrain from posting any identifying information, as our forum is very public.**

 

VJ Moderation

[aaron2020 11,651]

21 hours ago, Brina222 said:

Priority date: 30 NOV 2015

Notice date: March 30 2016

DOB: XX JAN 19XX

not seeing a approval date

It took USCIS 4 months to approve the I-130, so you got an additional 4 months after turning 21 before aging out in the F2a category.  When you turned 21 years 4 months in June 2016 and your PD in the F2a category was not current, you aged out into the F2b category.  

What country are you from?  Only Mexico and the Philippines is not qualified for further processing in the F2b category.  If you are from neither of those countries, then your petitioner should already have been contacted by the NVC for further processing.  

Edited January 7, 2021 by aaron2020