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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted (edited)

The only mistake your lawyer did is not informing you and the embassy of you aging out. The result is you had to go through the interview just to get denied.
 

You aged out even with cspa age and now your case is under F2b. There is nobody's mistake on that part. So there's nothing to rectify.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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jan22
jan22

If your priority date became current on Feb 1, 2019, your CSPA age calculated with the dates you supplied was 21 years, 28 days -- i'm sorry, but that means you aged out, as the Consular officer said.

arken
arken

The straight answer is CO didn't make a mistake. You had aged out. If you had a lawyer helping your for visa preparation, he was supposed to know these things.

aaron2020
aaron2020

You did make a mistake because you don't know really good immigration law.   It's your case.  The mistake is yours.  You need to take responsibility.  If you don't have the knowledge, then you ne

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted (edited)

You aged out under CSPA.  

 

The mistake was yours and your lawyer's.   You both didn't understand the law.  There is nothing that can be done.  You have to wait in the F2b category.  

What are you going to write the president about?  He can't change the law and make an exception for you.  You're going to tell him that you and your lawyer made a mistake and you want to be in the F2a category?

Edited by aaron2020
Dannyboy1 Rookie

Dannyboy1   1

Posted
Filed: F-2A Visa Country: Poland
 Timeline
  • Author
Posted
1 minute ago, arken said:

The only mistake your lawyer did is not informing you and the embassy of you aging out. The result is you had to go through the interview just to get denied.
 

You aged out and now your case is under F2b. There is nobody's mistake on that part. So there's nothing to rectify.

If lawyer saying that everything is correct and they check double whole paperwork and dates and information and sent me abroad so that's my mistake ? 

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted
4 minutes ago, Dannyboy1 said:

If I hire attorney for fill up petition he has to make it right and don't make that mistake and don't check cspa. Me like mostly of immigrants don't know a law...

How would you like him to make it right?  What legal avenue is available?

2 minutes ago, Dannyboy1 said:

If lawyer saying that everything is correct and they check double whole paperwork and dates and information and sent me abroad so that's my mistake ? 

Yes.  You are responsible for your case.   

arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted
1 minute ago, Dannyboy1 said:

If lawyer saying that everything is correct and they check double whole paperwork and dates and information and sent me abroad so that's my mistake ? 

That's what i am saying. Your lawyer mistake is sending you to an interview when you were not eligible. If you are not eligible, nobody can give you the visa.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted (edited)
16 hours ago, Allaboutwaiting said:

I feel your frustration but unfortunately there is nothing you can do to fix the issue. 

Even when it is a federal agency's fault, it is very difficult, expensive and would take a long time to get them accept they made a mistake. 

In your case, they did not make a mistake. It was your lawyer, so he is the one you should hold liable, though certainly that would not make your problem go away. 

How the heck is that is "a federal agency's fault?"  How do you figure that a mistake by you and your lawyer means that it is "a federal agency's fault?"

 

Please tell us the mistake this federal agency made in your case.

Edited by aaron2020
Dannyboy1 Rookie

Dannyboy1   1

Posted
Filed: F-2A Visa Country: Poland
 Timeline
  • Author
Posted
3 minutes ago, arken said:

That's what i am saying. Your lawyer mistake is sending you to an interview when you were not eligible. If you are not eligible, nobody can give you the visa.

Of course but like I said that is not my mistake if I don't know that specific immigration law.

Dannyboy1 Rookie

Dannyboy1   1

Posted
Filed: F-2A Visa Country: Poland
 Timeline
  • Author
Posted
2 minutes ago, aaron2020 said:

How the heck is that is "a federal agency's fault?"  How do you figure that a mistake by you and your lawyer means that it is "a federal agency's fault?"

 

Please tell us the mistake this federal agency made in your case.

Check who make post

arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
 Timeline
Posted (edited)
5 minutes ago, Dannyboy1 said:

Of course but like I said that is not my mistake if I don't know that specific immigration law.

And now we are telling you the law, even in your last post, but you are not listening.

 

The officer didn't put you from F2A to F2B because of your lawyer's mistake. You were already on F2B by immigration rule/law. Your lawyer didn't tell you that you are on F2B. You were already on F2B whether there was a lawyer or not.
 

So now you tell is, what do you want. If you still don't want to understand the law, such lawyers who don't care about laws are always available to guide you with false hope.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted (edited)
3 minutes ago, Dannyboy1 said:

Check who make post

Still doesn't solve your problem.


What would you like the US President to do?

 

You can either accept that you are in the F2b category and deal with it and go on with your life until you get an immigrant visa in the F2b category, or you can get mad and spin your wheels blaming others and demanding a visa that can not be issued to you under US laws.  

Edited by aaron2020
Crazy Cat Grand Master

Crazy Cat   41,982

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
5 minutes ago, Dannyboy1 said:

Of course but like I said that is not my mistake if I don't know that specific immigration law.

What mistake was made?  You aged out......that is the law.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Dannyboy1 Rookie

Dannyboy1   1

Posted
Filed: F-2A Visa Country: Poland
 Timeline
  • Author
Posted

If you gonna be in my situation you are gonna talk totally different. My mom is in hospital and she stay just by herself because this situation and you guys saying me that I have to wait for f2b more than year becuase my lawyer made mistake and sent me abroad?

Just now, Crazy Cat said:

What mistake was made?  You aged out......that is the law.

Exactly but my lawyer have to check this before 

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted
1 minute ago, Dannyboy1 said:

If you gonna be in my situation you are gonna talk totally different. My mom is in hospital and she stay just by herself because this situation and you guys saying me that I have to wait for f2b more than year becuase my lawyer made mistake and sent me abroad?

WHAT WOULD YOU LIKE THE US PRESIDENT TO DO?
 

Crazy Cat Grand Master

Crazy Cat   41,982

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
2 minutes ago, Dannyboy1 said:

If you gonna be in my situation you are gonna talk totally different. My mom is in hospital and she stay just by herself because this situation and you guys saying me that I have to wait for f2b more than year becuase my lawyer made mistake and sent me abroad?

That is between you and your attorney...not a US President issue.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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