212(a)(6)(C)(i) Misrepresentation Inadmissibility

[F007 3]

10 minutes ago, manyfudge said:

Not true, depends on circuit.

please can you explain because I don't understand, my father is still a permanent resident and not a US citizen

[F007 3]

3 hours ago, Family said:

When is your new ( 2nd interview) date scheduled for ? 
 

If you can afford it , definitely lawyer up as @manyfudge recommends ..so you can submit a G.28 and legal brief before/at the interview. 
 

There are some countries whose government “ official “ papers face heavy scrutiny because of known corruption/fraud

 

What country are you from ?

January 11, 2024

[F007 3]

59 minutes ago, Family said:

No doubt there as it is the only petition filed on OP s behalf . A 6 year delay between 1at interview and USCIS finally re affirming is dreadful..but lacking WOM action ..very real for many

 

OP is evading the question on country of origin …a detail I am stuck on 😂…Am guessing India /Pakistan  ..based on OP s proficient English…but not sure . What do you think?

From Congo Republic

[appleblossom 2,479]

4 minutes ago, F007 said:

please can you explain because I don't understand, my father is still a permanent resident and not a US citizen

@Boiler is saying that if your father does choose to naturalise, you can opt out of moving to F1 category and stay in F2B category instead if it would be advantageous. 
 

The section about ‘Naturalization of the Petitioner in Family Preference Cases’ in this link explains it - 

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

[manyfudge 291]

2 hours ago, appleblossom said:

Boiler is saying that if your father does choose to naturalise, you can opt out of moving to F1 category and stay in F2B category instead if it would be advantageous

This is complicated.  Depends on circuit.

 

”Scenario #4. What happens if the unmarried child of an LPR is over 21 using his or her biological age but under 21 using adjusted age on the date the petitioner naturalizes. The child cannot opt out of conversion from the F-2A category to the F-1, according to the BIA. So, the majority of children in this situation convert to the F-1 category. The July 2023 Visa Bulletin shows the F-1 backlogged about six years farther than F-2A using Chart A. Pity the practitioner who has to inform the family of this new development after representing the petitioner in the naturalization process.”

“But can’t the child argue that it is their adjusted age — not their biological age — on the date of naturalization that controls, and therefore they convert to the immediate relative category? That was successful in two federal court challenges. Tovar v. Sessions, 882 F.3d 895 (9th Cir. 2018) and Cuthill v. Blinken, 990 F.3d 272 (2d Cir. 2021). So, while the child in the F-2A category who is over 21 using biological age (under 21 using adjusted age) cannot opt out of automatic conversion to F-1, that child doesn’t have to opt out because he or she converts automatically from F-2A to immediate relative when the petitioner naturalizes.”

 

 https://www.cliniclegal.org/resources/current-status-child-status-protection-act-calculating-adjusted-age-age-confusion

 

 

[manyfudge 291]

17 hours ago, Boiler said:

your PD based on being sponsored as a LPR rather than USC is the Parent naturalize

May be disadvantageous  if OP is biologically over 21 in some circuits.

 

This is complicated. 
 

Say OP is 22 and CSPA age is under 21/F2A/date is current.  OP’s parent naturalizes - and then OP’s priority date as an F1 is NOT current.

Edited December 26, 2023 by manyfudge

[Boiler 45,467]

I am putting my money on F2b vs F1.

[appleblossom 2,479]

2 hours ago, manyfudge said:

May be disadvantageous  if OP is biologically over 21 in some circuits.

 

This is complicated. 
 

Say OP is 22 and CSPA age is under 21/F2A/date is current.  OP’s parent naturalizes - and then OP’s priority date as an F1 is NOT current.

OP is 25. 

[Family 3,988]

On 12/25/2023 at 4:29 PM, F007 said:

January 11, 2024

How did the interview go? 
Did they allow you to show your evidence?

 

I am hoping you have good news 

[Family 3,988]

On 12/26/2023 at 8:07 AM, Boiler said:

I am putting my money on F2b vs F1.

I say he is still F-2 A and CSPA protected …and on that basis was given this 2nd interview …

If they don’t walk back the misrep..he loses CSPA and ages out to F-2 B. 

 

 

Edited January 16 by Family

[F007 3]

On 1/16/2024 at 3:17 AM, Family said:

How did the interview go? 
Did they allow you to show your evidence?

 

I am hoping you have good news 

Hello, sorry for the delay😔 I did my interview the Consular officer asked me only one question "what is my date of birth", he took all my documents including my passport saying that my file is old (2016) they will tell me the next steps to follow by phone, but 10 days no further action, I sent an email they replied that the treatment is not yet finished. I'm really worried, what can I do at this point, thanks

[Boiler 45,467]

At the moment you are just waiting

[F007 3]

11 minutes ago, Boiler said:

At the moment you are just waiting

What can be the problem for the Consul to say that it is an old application created in 2016, could the fact that it was a petition that was referred to USCIS and USCIS reaffirmed it and sent it back to the embassy be a problem?

[Boiler 45,467]

I do not think so

[Family 3,988]

3 hours ago, F007 said:

Hello, sorry for the delay😔 I did my interview the Consular officer asked me only one question "what is my date of birth", he took all my documents including my passport saying that my file is old (2016) they will tell me the next steps to follow by phone, but 10 days no further action, I sent an email they replied that the treatment is not yet finished. I'm really worried, what can I do at this point, thanks

I had hoped YOU would have presented your evidence and asked questions while there. 
It is crucial

to fight for CSPA protection and position the “ old case” as delay not caused by you. 
If you did not do that at interview, at least do it now by emailing consulate .

You need to have dad contact congressman  , contact Washington for advisory opinion …MAKE SOME NOISE. ..