Expired US immigrants visa application

[MADE24 3]

I had my interview at the US Montreal Consulate on the 15th of December 2022n.

 

At the interview, I was told that I didn’t have a current visa available for my category since I had outgrown it from child of a permanent resident to adult child of a permanent residence and I was told that another option for me was that I must have "sought to acquire lawful permanent resident status within 1 year of a visa becoming available to Me." According to the Consular officer I was then told the only option was to wait till a visa is available for that category and gave me a paper.

I checked the visa availability on the visa bulletin it’s just on January 2017 and my priority date is 09/feburary/2017 

 

I tried tracking my visa application and and I noticed it wrote expired when initially it used to refused and that it was undergoing administrative processing and now when I check it says “ you have been notified your immigrant visa has been cancelled, and any petition approved on your behalf was also cancelled. We informed you that your application might be reinstated within one year if you could establish that your failure to pursue your immigrant visa application was due to circumstances beyond your control” I was never informed of this I didn’t even get an email.

“ 

 

“Since you have failed to do so, the record of your registration and any petition approved on your behalf and all supporting documents have been destroyed.  Any Department of labour certification has been returned to your prospective employer.

 

I literally logged into my CEAC.state.iv and it showed that my case was still at the US consulate in Montreal with all of my documents that was initially submitted.

 

does that means it’s truly expired or what do I do in this situation 

[appleblossom 3,140]

Much more info is needed to help you. What Priority Date, which country, how old are you now, has your parent got citizenship at any point, why do you they think you didn’t seek to acquire the visa within a year of it being available to you (did you delay things and if so, did you take any action during that time i.e. logging in or proceeding with anything). And is the date for your interview above accurate - Dec 2022? 

 

Please fill in your timeline so that people have some basics when you ask questions.

 

Do you have an immigration lawyer?

[MADE24 3]

4 minutes ago, appleblossom said:

Much more info is needed to help you. What Priority Date, which country, how old are you now, has your parent got citizenship at any point, why do you they think you didn’t seek to acquire the visa within a year of it being available to you (did you delay things and if so, did you take any action during that time i.e. logging in or proceeding with anything). And is the date for your interview above accurate - Dec 2022? 

 

Please fill in your timeline so that people have some basics when you ask questions.

 

Do you have an immigration lawyer?

the priority date is there 09/February/2017

country:

Canada-montreal

 

i went for the interview when it was current but I was told to come back since I had outgrown the category and wait till it was available for adult child of green card.

 

i was told by the consular to resend my passport when the visa becomes available

its not available yet cause according to the visa bulletin 01/ January/ 2017 

my mom filed for me she’s still a permanent resident

[appleblossom 3,140]

1 minute ago, MADE24 said:

the priority date is there 09/February/2017

country:

Canada-montreal

 

i went for the interview when it was current but I was told to come back since I had outgrown the category and wait till it was available for adult child of green card.

 

i was told by the consular to resend my passport when the visa becomes available

its not available yet cause according to the visa bulletin 01/ January/ 2017 

my mom filed for me she’s still a permanent resident

 

Sorry, I missed your PD in the post above. 

 

How old are you now? 

[MADE24 3]

3 minutes ago, appleblossom said:

 

Sorry, I missed your PD in the post above. 

 

How old are you now? 

25

[appleblossom 3,140]

1 minute ago, MADE24 said:

25

 

And how long did the I-130 take to be approved? This is why you need to fill your timeline in! All these dates really matter.

 

 

[MADE24 3]

5 minutes ago, appleblossom said:

 

And how long did the I-130 take to be approved? This is why you need to fill your timeline in! All these dates really matter.

 

 

About 2 years 5 months ish 

I tried going for the CSPA the NVC agreed so they reopened the case then the consulate denied it 

[appleblossom 3,140]

Just now, MADE24 said:

About 2 years 5 months ish 

I tried going for the CSPA the NVC agreed so they reopened the case then the consulate denied it 

 

OK, so your I-130 was approved in mid 2019 ish? When you were about 21?

 

This isn’t making any sense. F2A was current for many years from summer 2019 to spring 2023, so you should have had a visa a long time ago and shouldn’t have aged out of F2A. When did you fill in your DS-260, submit your documents etc?

[MADE24 3]

5 minutes ago, appleblossom said:

 

OK, so your I-130 was approved in mid 2019 ish? When you were about 21?

 

This isn’t making any sense. F2A was current for many years from summer 2019 to spring 2023, so you should have had a visa a long time ago and shouldn’t have aged out of F2A. When did you fill in your DS-260, submit your documents etc?

Okay so when my I-130 was approved I was in the US filing for adjustment of status but it was denied so I left the US

after leaving I was sent an email by the NVC requesting that they wanted to reinstate my visa application I had no idea about anyways 

they reinstated fast forward to a year after went for my interview it was then refused and told to wait till my visa becomes available for the category that I was transferred to

[MADE24 3]

2 minutes ago, MADE24 said:

Okay so when my I-130 was approved I was in the US filing for adjustment of status but it was denied so I left the US

after leaving I was sent an email by the NVC requesting that they wanted to reinstate my visa application I had no idea about anyways 

they reinstated fast forward to a year after went for my interview it was then refused and told to wait till my visa becomes available for the category that I was transferred to

Now that it says expired what do you think I should do 

because on the CEAC document upload page it still states that my case is still with the consulate 

[appleblossom 3,140]

Just now, MADE24 said:

Okay so when my I-130 was approved I was in the US filing for adjustment of status but it was denied so I left the US

after leaving I was sent an email by the NVC requesting that they wanted to reinstate my visa application I had no idea about anyways 

they reinstated fast forward to a year after went for my interview it was then refused and told to wait till my visa becomes available for the category that I was transferred to

 

As I said above, F2A was current for many, many years, presumably your I-485 was (rightly) refused if you applied for AOS before it became current in July 2019. But from that point on you had a visa available to you for a long time. So when did you submit the DS-260 etc?

[MADE24 3]

4 minutes ago, appleblossom said:

 

As I said above, F2A was current for many, many years, presumably your I-485 was (rightly) refused if you applied for AOS before it became current in July 2019. But from that point on you had a visa available to you for a long time. So when did you submit the DS-260 etc?

I submitted in January 2021

i was already in the US when the filing started after my 130 was approved I filed for adjustment of status because I was in the US instead of continuing with the NVC

[appleblossom 3,140]

2 minutes ago, MADE24 said:

I submitted in January 2021

i was already in the US when the filing started after my 130 was approved I filed for adjustment of status because I was in the US instead of continuing with the NVC

 

And when did you get your Welcome Letter from NVC with the invoice number for paying the fees etc?

 

The AOS application isn’t relevant, as you didn’t have a visa available to you when you filed it so it was always going to be denied.

[mam521 2,208]

@MADE24 you've been asked repeatedly to please fill out your timeline.  Please do so: https://www.visajourney.com/timeline/profile.php?id=386909

 

Are you a Canadian by birth, a naturalized Canadian or a Canadian PR?

Edited 13 hours ago by mam521

[MADE24 3]

3 minutes ago, appleblossom said:

 

And when did you get your Welcome Letter from NVC with the invoice number for paying the fees etc?

 

The AOS application isn’t relevant, as you didn’t have a visa available to you when you filed it so it was always going to be denied.

December 2020