Expired US immigrants visa application

[appleblossom 3,139]

2 minutes ago, MADE24 said:

December 2020

 

Really odd. You should have had the Welcome Letter a long time before that, as F2A had been current for 18 months by then. Did you not chase it up? 

 

It sounds like they think you should have ‘sought to acquire’ before July 2020 (a year after your PD became current), but it’s really not clear. I asked above, do you have an immigration lawyer? If not, I think you need one. 

[MADE24 3]

5 minutes ago, mam521 said:

@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?

No nigerian

 

filed my 797 form July 31st 2019 

Priority date 09/ February/2017

ds 260 submitted 

 

A visa became available to me on July 11, 2019 when the I-130 was approved, because at that time the F2A visa category was "current.".

 

Initially the NVC closed my application because according to them I had aged out of my visa category and transferred me to F24 after I had cleared my documents so in order to qualify so that my case could be reopened and forwarded to the embassy for the interview 

 

 

under the Child Status Protection Act I did the calculation and forwarded an email to the NVC about it which was approved.

 

It appears that the consulate may have determined that I did not meet this 1 year requirement.

 

I was 20 years, 4 months, 17 days old when my I-130 was approved and a visa was available as of that date. 

 

My I-130 had been pending for 2 years 5 months, and 2 days.

i did this when I filed the I-485 Application to Register Permanent Residence or Adjust Status (which was July 24, 2019). I also sent an e-mail to NVC in July 2019 notifying NVC of My plan to file the I-485. 
 

 

5 minutes ago, mam521 said:

@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?

No nigerian

 

filed my 797 form July 31st 2019 

Priority date 09/ February/2017

ds 260 submitted 

 

A visa became available to me on July 11, 2019 when the I-130 was approved, because at that time the F2A visa category was "current.".

 

Initially the NVC closed my application because according to them I had aged out of my visa category and transferred me to F24 after I had cleared my documents so in order to qualify so that my case could be reopened and forwarded to the embassy for the interview 

 

 

under the Child Status Protection Act I did the calculation and forwarded an email to the NVC about it which was approved.

 

It appears that the consulate may have determined that I did not meet this 1 year requirement.

 

I was 20 years, 4 months, 17 days old when my I-130 was approved and a visa was available as of that date. 

 

My I-130 had been pending for 2 years 5 months, and 2 days.

i did this when I filed the I-485 Application to Register Permanent Residence or Adjust Status (which was July 24, 2019). I also sent an e-mail to NVC in July 2019 notifying NVC of My plan to file the I-485. 
 

 

[MADE24 3]

4 minutes ago, appleblossom said:

 

Really odd. You should have had the Welcome Letter a long time before that, as F2A had been current for 18 months by then. Did you not chase it up? 

 

It sounds like they think you should have ‘sought to acquire’ before July 2020 (a year after your PD became current), but it’s really not clear. I asked above, do you have an immigration lawyer? If not, I think you need one. 

 
I had one at some point but she got sick and was unable to represent me at that time I got denied 

 

I tried writing to the consulate but they just told me there wasn’t a visa available for my category

[appleblossom 3,139]

7 minutes ago, MADE24 said:

 
I had one at some point but she got sick and was unable to represent me at that time I got denied 

 

I tried writing to the consulate but they just told me there wasn’t a visa available for my category

 

It wasn’t a consulate issue at that point, it was NVC. Did you contact them and ask why you hadn’t had your Welcome Letter after so long?

[appleblossom 3,139]

10 minutes ago, MADE24 said:

A visa became available to me on July 11, 2019 when the I-130 was approved, because at that time the F2A visa category was "current.".

 

 

You said above your PD is January 2017 and it took 2 years and 5 months for the I-130 to be approved, so that doesn’t equate to July 2019, it would have been approved sooner than that - when your PD wasn’t current yet. 

 

Your dates are all over the place and I’m afraid without exact dates on your timeline you’re making it really hard for anybody to help you. I’d get yourself a new lawyer (urgently) as it seems your whole application has been cancelled so you need to prove that the delay was on NVC’s part and not yours. You should have had a visa at least 3 or 4 years ago, so something has gone very wrong somewhere, a good lawyer is needed to work out what has happened and how to rectify it. 

 

Good luck. 

[MADE24 3]

7 minutes ago, appleblossom said:

 

You said above your PD is January 2017 and it took 2 years and 5 months for the I-130 to be approved, so that doesn’t equate to July 2019, it would have been approved sooner than that - when your PD wasn’t current yet. 

 

Your dates are all over the place and I’m afraid without exact dates on your timeline you’re making it really hard for anybody to help you. I’d get yourself a new lawyer (urgently) as it seems your whole application has been cancelled so you need to prove that the delay was on NVC’s part and not yours. You should have had a visa at least 3 or 4 years ago, so something has gone very wrong somewhere, a good lawyer is needed to work out what has happened and how to rectify it. 

 

Good luck. 

 

thank you 

can you please recommend a really good lawyer 

[appleblossom 3,139]

13 minutes ago, MADE24 said:

 

thank you 

can you please recommend a really good lawyer 

 

We used Fragomen, and they were great. https://www.fragomen.com/

[MADE24 3]

3 minutes ago, appleblossom said:

 

We used Fragomen, and they were great. https://www.fragomen.com/

Thank you

[appleblossom 3,139]

6 minutes ago, MADE24 said:

Thank you

 

Let us know what they say. And PLEASE fill in your timeline! Thx.

[Family 4,217]

6 hours 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

1. In 2019 when your I-130 was approved, priority date was current and you filed I-485..What was reason for denial ? 
 

2. In 2022 you interviewed with Montreal . Did you have contact ( send emails) to Montreal at least once a year . Look for 2023, 2024 . 
 

3. Did you log into your CEAC account every year since 2022? 
 

4.What you can do now is draft a Request To Reinstate due to Consulate/NVC error. Just put your timeline in order , state your CSPA claim back it up with copy of I-485 receipt notice and DS-260 confirmation as proof you sought to acquire benefit within one year of visa availability.

 

5. Send that to Montreal ( by email and post) , send it to NVC via Ask NVC and send it to LegalNet ( contact in link) ASAP

 

 

 

 

https://fam.state.gov/fam/09FAM/09FAM010304.html

 

 

 

Edited 6 hours ago by Family

[appleblossom 3,139]

1 hour ago, Family said:

In 2019 when your I-130 was approved, priority date was current and you filed I-485..What was reason for denial ?

 

Looking at previous posts, seems the OP didn’t have legal status in the US. 

[Family 4,217]

1 hour ago, appleblossom said:

 

Looking at previous posts, seems the OP didn’t have legal status in the US. 

Thank you, I assumed current status was issue, for the I-485 denial . I am considering the filing of the I-485 in 2019 as sufficient to claim he met “ sought to acquire “ condition for CSPA argument. 
 

Am also giving him kudos for arguing CSPA and reinstatement of his F-2 A category when he completed NVC and got DQ. Am guessing he filed an I-824 as well. So hats off OP. 
 

Don’t give up, do what I suggested , but know the most important player is LegalNet , if the embassy decides to ghost you again

 

 

https://fam.state.gov/fam/09FAM/09FAM050201.html

Filing an Application to Adjust Status (Form I-485) by the applicant: The filing of a Form I-485 by a principal applicant in the United States does not satisfy the sought to acquire requirement for a derivative applicant.   However, the filing of a Form I-485 by the applicant whose age is to be adjusted will satisfy the sought to acquire requirement, even if the application was later denied or abandoned, prompting the need to apply for a visa, or if the applicant opted to apply for an IV with the Department of State rather than apply to adjust status with USCIS. 

Edited 3 hours ago by Family
Caught myself, ULP not same as status . But will need to review ULP AFTER OP gets another bite at consulate

[Family 4,217]

Is this you ? 
Definitely don’t give up.