F2A aging out after uscis and nvc aproved

[arken 4,197]

5 minutes ago, Dannyboy1 said:

you guys saying me that I have to wait for f2b more than year becuase my lawyer made mistake and sent me abroad?

You are not listening at all. You are not on F2b because of your lawyer's mistake. You were already on F2b because of the immigration law, months or year before you hired the lawyer. Your lawyer simply didn't tell you that earlier.

 

Even if you lawyer had done everything right, you were still on F2b.

 

 

 

Edited February 17, 2022 by arken

[arken 4,197]

I'll try to explain one last time:

From your last post:

DOB: 23 SEPTEMBER 1996

PRIORITY DATE: 18 NOVEMBER 2016

I-130 APROVED: 28 FEBRUARY 2018

PD Became current: Feb 2019

 

You went from F2A to F2B on Feb 2019 per immigration law, the month your PD became current. So you have to wait for F2B to be current regardless. It's not because of your lawyer or because of you or anything. It's because of the immigration law. At the interview, the office simply told you that you were already on F2B so can't give you F2A visa.

Even if your interview was scheduled on March 2019, you would be denied for F2A visa. 

 

You are complaining you don't know the immigration law, now we are telling you the law. You can learn to get to know the law or you can ignore, just complain and again get fooled by some bad lawyers who simply want money and don't know about the law.

[SteveInBostonI130 3,468]

1 hour 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?

Exactly but my lawyer have to check this before 

 

From this, I assume you are upset that your lawyer told you to leave the US to attend the interview in Poland.  Now, that you are in Poland, you cannot return to the US.  Is this the issue?

 

If so, staying in the US beyond your authorized stay period would be breaking the law.  And with an overstay, even under F2B you would not have been approved. 

 

You need to wait for your PD to become current for the F2B.  Your ability to visit the US depends on you and the discretion of CBP.  You cannot live in the US to wait until your case becomes current.

[SalishSea 17,930]

2 hours ago, Dannyboy1 said:

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

So you're saying you should have some legal recourse because you incorrectly filed for something you are not eligible for.

 

That's not how things work here.

 

The rules apply to you, just like everyone else.

Edited February 17, 2022 by Jorgedig

[Rocio0010 5,579]

Not being mean, but the president cannot and shouldn’t intervene in individual immigration causes. I do understand your need to be with your mom, but just like you, there are tons of people that want to be reunited with their loved ones. Nothing the president can help with.

[Ontarkie 14,282]

~~Duplicate thread merged. Please do not start more than one thread for the same or similar topic.~~

[Strida 6]

On 2/13/2022 at 12:35 AM, aaron2020 said:

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 need to hire a lawyer - that's how the system works.  You paid the NVC and US Embassy to process the case.  You didn't pay for an approval.  They did their job according to the law.  You didn't understand how CSPA works and that is on you.  

 

Your case is one of the rare ones.  You were qualified to file under Table B of the Visa Bulletin.  However, by the time that your PD became final in Table A of the Visa Bulletin, you had aged out under CSPA.  In a case like this, you as the applicant are responsible to know that you no longer qualified in the F2a category under CSPA.  This calculation could have been done in June of 2018.

Your I-130 was filed about 3 months before your 21st birthdate.  The time that USCIS took to approve the I-130 was not used against you.  However, the clock starts running again when USCIS approved the I-130.  Since your PD was not current 3 months after the I-130 was approved, you aged out under CSPA.  

There is nothing a lawyer can do.  

Delay in interviewing did not affect the CSPA calculation.  He simply aged out.

If I’m dq before my 21 birthday and reached 21 and still no interview yet, would that affect me?

[aaron2020 11,651]

3 hours ago, Strida said:

If I’m dq before my 21 birthday and reached 21 and still no interview yet, would that affect me?

That's not how it works.  Turning 21 and not having an interview is not how CSPA works.  It's about having a current PD before CSPA age of 21.  

 

If your CSPA age reaches 21 before your PD becomes current, then you will be denied at your interview.