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Family visa - F1 not moving, how long to opt-out to F2b ?

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  • Originally posted by rafarataneneces View Post
    Do you know if my case is being processed in

    Guayaquil, Ecuador

    Which would be the USCIS Field Office that I need to write?

    Thanks in advance everybody for their support, I have been waiting 7 years for this moment.
    Hello Rafarat,

    Ecuador is handled by the Lima, Peru offices. Please see this;




    "USCIS Lima is in the Latin America, Canada and the Caribbean District and has jurisdiction over U.S. immigration matters in Peru, Argentina, Brazil, Bolivia, Chile, Colombia, Ecuador, Falkland Islands, French Guiana, Guyana, Paraguay, Uruguay, South Georgia and the South Sandwich Islands, Suriname, and Venezuela."

    Srie

    Comment


    • Originally posted by puru444 View Post
      Don't wait for NVC's action, tell your daughter to send an e-mail to New Delhi USCIS field office and Colombo embassy. And tell her to mention that Sri Lanka also covers under New Delhi's field office only. If possible then you should personally call New Delhi Field office by phone and tell them everything about ur situation that there's no USCIS field office in Sri Lanka. And don't forget to mention about Inter-office memorandum issued by USCIS, they might deny you but keep telling them about this Opt-out clause under CSPA law.

      Sooner or later you have to contact USCIS too for this approval letter so why don't you get started now. Even better if you obtain approval letter before the NVC make any change in ur category. Your daughter will later send an e-mail to NVC enclosed with scanned copy of Approval letter and then NVC will be obliged to change ur category immediately.

      They are 2 different departments: Department of Homeland Security where USCIS works as an agency under this department and has an authority to grant approval or denial decisions over immigrant petitions filed at USCIS.

      Whereas, NVC and other Visa Issuance Units at overseas embassies/consulates works under Department of State. DOS has an authority to publish Visa Bulletin every month by budgeting the visa numbers as prescribed by the law.

      Therefore, as per my knowledge and experience with all this Opt-out procedure. There are 2 different entities where we have to deal with individually, since there's a loophole in their system and they are not even coordinating with each other especially in this Opt-out matter. We have to be very very cautious while dealing with them, therefore don't wait for any reply from NVC. At least we know that sooner or later NVC will change the category from F1 to F2B as they perfectly did with me, liberal_always and Mr. John (perhaps, the first one who got refused during the interview) but what we don't know is about this DHS/USCIS approval letter.

      I advise you to contact DHS/USCIS for approval letter which is the only most important document required in this procedure. God knows if ur daughter gt lucky and received this Approval Letter first then NVC will definitely change your category because it has to do it.
      Hi,

      I am sure by now you have received your visa.

      NVC's reaction to my daughter's case was different to what you, liberal always and John experienced. I wrote to NVC and they sent me an e mail (after 3months) saying that her case would still be in F1, but we have the right to request an opt-out but this had to be done by DHS since NVC does not have authority to do so. I called the DHS offices here in US, and they wrote to me back and said my request had to be handled by NVC since DHS does not have the documents anymore!! In the meantime I took your advice and my daughter e mailed the Delhi DHS and they immediately replied and asked her to mail hard copies of all documents which she did. She just got an e mail with the opt-out letter approved by them and attached. So one hurdle is over. My daughter's PD is in July 09, and current dates are Feb 2009. I guess we now have to send this approval letter to NVC so they can start processing. I wonder whether the DHS in Delhi has already sent a copy of the letter to NVC.

      My experiences with NVC and the USCIS in California are so discouraging I am not looking forward to dealing with them again. However we still have to get my daughter's case processing started so we have no alternative other than writing to NVC.

      Just keep you all in this forum informed.

      Comment


      • Hi,

        I will write to to the New Delhi office and wish you both Good Luck and God's Blessings for your meetings.

        The ignorance and unwillingness to offer exact guidelines to applicants is unbelievable and I cannot fathom how these institutions function.

        Comment


        • Hello. I wrote an email to NVC (I wrote them three emails actually) in August, September, October

          I have called them around 20+ times at 4AM in the morning.

          Unfortunately to this day they have NOT responded, when I call them all they say is "it takes 45 days to return the emails, please wait someone WILL write you back"

          I live in USA so I was thinking hiring a lawyer so he can essentially file for me since when we applied my mom was a permanent resident.

          This immigration system is a nightmare, but I will keep everyone updated.

          All the lawyers advice me "Get married, it's the only thing that works"

          LOL

          Comment


          • Originally posted by rafarataneneces View Post
            Hello. I wrote an email to NVC (I wrote them three emails actually) in August, September, October

            I have called them around 20+ times at 4AM in the morning.

            Unfortunately to this day they have NOT responded, when I call them all they say is "it takes 45 days to return the emails, please wait someone WILL write you back"

            I live in USA so I was thinking hiring a lawyer so he can essentially file for me since when we applied my mom was a permanent resident.

            This immigration system is a nightmare, but I will keep everyone updated.

            All the lawyers advice me "Get married, it's the only thing that works"

            LOL

            To say this process is a nightmare is to say the least and mildest. They never replied to any of my e mails sent with the F2B approval letter from DHS. I sent it by e mail twice and posted a copy too - all these before December 1st. No response yet. However my daughter received the welcome letter as F1 and we filled the forms, paid money and sent all the documents along with the Approval to F2B again twice - once in January and then again in February. We did not hear from them, so I called last week. A supervisor promised to recall the file and review it and upgrade the case. Today we received an e mail saying her case is complete and is awaiting a visa interview date from the embassy to schedule the interview. This e mail still say her visa category is F1 ! I am exhausted now. I would wait for a week to see whether I hear from the NVC for my request to the supervisor or whether an interview is scheduled so then we can present the approval letter to the US embassy.

            Comment


            • Opt-Out re

              Originally posted by puru444 View Post
              You need to contact rome, italy field office. As a beneficiary you need to put the request in writing at beneficiary's residence jurisdiction authority i.e. Rome for algeria. Since they dont have any field office in algeria, they are accomodating northern african countries at rome field office.

              Best of luck!
              Hi puru444,

              I want thank you and one philipino lady which guide me through your comments about Opt-Out, this was vital for me to get this approval letter with signature of field officer of DHS/USCIS , I got mine and ready for reaching my priority date in order to get my IL; i have one question, have you send your Opt-out letter to NVC or DHS office sent an approval letter to NVC, because i got my letter through email, is this legal to present at Interview time or i should get original letter instead of scan copy?
              and have your case turned to F2B after sending NVC the letter or not?
              Best Regards from Iran,

              Comment


              • please help

                Please I need your help. My petition was made from my mom when she was permanent resident, later she became US citizen but she did not informed NVC, my PD is July2010, I got the NVC welcome letter and I am completing my case. In all my documents it says that my category is F2B, but I am really confused. I dont know if at the time of the interview they are going to tell me that my category is F1 and that I have to wait. I dont know what to do know since I am in the middle of the six steps. I dont need to contact NVC to change my category since they never put me on F1 category. What should I do so that I wont have any problems at the time of the interview? Please help. Thank you.

                Comment


                • Hello

                  Hello I have a question, how do I now my priority day? Please somebody help me!


                  Originally posted by Srie View Post
                  Hello Puru & leberal_always,

                  I am grateful to both of you for the very detailed information provided with a date line. I am very sorry that your son's cases were put on hold. But at least we now know what to do, and as you rightly say we just dont know whom to write to.

                  My case is also same as yours, only difference is my daughter is in Colombo, Sri Lanka. Her PD is July 2009.

                  I have called the NVC every day for 3 weeks, just to get an agent to talk to. When I got one, I was told to write to them. I told them I sent e mails and also a letter by ordinary post and it is over two months for the e mail and a month has gone by for postal mail. I was told that they will eventually reply. I sent letters of request from me as the petitioner and from my daughter as the benefeciary to the USCIS, CA office, and they sent my letters back to me with a letter attached asking me to use their web site or the help line. So I called the help line and the agent told me the case is now in NVC and I have to write to NVC!

                  After reading both your posts, i just went in to the US embassy web site in Colombo and found out there is no USCIS field office there. It appears that if there is no USCIC office, then one must write to a USCIS address in Chicago. I am going to do that today.

                  During the past few months, I have talked to at least half a dozen agents both in USCIS and NVC and only two of them were aware of the CSPA provision that allows a beneficiary whose application was approved under F2B and upgraded to F1 due to parents natuaralization can be converted back to F1 through an opt-out.

                  Comment


                  • Originally posted by Srie View Post
                    To say this process is a nightmare is to say the least and mildest. They never replied to any of my e mails sent with the F2B approval letter from DHS. I sent it by e mail twice and posted a copy too - all these before December 1st. No response yet. However my daughter received the welcome letter as F1 and we filled the forms, paid money and sent all the documents along with the Approval to F2B again twice - once in January and then again in February. We did not hear from them, so I called last week. A supervisor promised to recall the file and review it and upgrade the case. Today we received an e mail saying her case is complete and is awaiting a visa interview date from the embassy to schedule the interview. This e mail still say her visa category is F1 ! I am exhausted now. I would wait for a week to see whether I hear from the NVC for my request to the supervisor or whether an interview is scheduled so then we can present the approval letter to the US embassy.
                    Hi, Which DHS office you should be calling to obtain the change approval? I live in NJ and went to the office and they just told me to file my request to change to F2B category from F1 with all my application forms. I sent it to Chicago office explaining how my category was automatically converted and I would like to opt-out and under the "DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS" provided by Visa bulletin I was eligible to file, but I just got a denial letter from USCIS Chicago saying my priority date is current (as they still kept my category to F1 rather than changing it back to F2B). The NJ office at the time had refused to provide me with an approval letter to change my category back to F2B. It's so frustrating.

                    Comment


                    • Originally posted by USApplicant View Post
                      Hi, Which DHS office you should be calling to obtain the change approval? I live in NJ and went to the office and they just told me to file my request to change to F2B category from F1 with all my application forms. I sent it to Chicago office explaining how my category was automatically converted and I would like to opt-out and under the "DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS" provided by Visa bulletin I was eligible to file, but I just got a denial letter from USCIS Chicago saying my priority date is current (as they still kept my category to F1 rather than changing it back to F2B). The NJ office at the time had refused to provide me with an approval letter to change my category back to F2B. It's so frustrating.
                      Hi,

                      you need to apply for it from DHS office that has the jurisdiction over the beneficiary's country of residence. Are you filing on behalf of your child in which country ?

                      Srie

                      Comment


                      • Category move from F2b to F1

                        Hi,
                        Please someone advise me regarding opt out letter. My interview already completed however, I was not aware that the category has been changed from F2b category to F1.
                        So, Interviewer gave me letter 221g for requesting opt-out letter. I found out from this forum that opt-out will get it from USCIS New Delhi. I have visited two week before USCIS Delhi and submitted all the documents along with written letter to retain my category in F2b. They haven't provide and information about opt-out till now. The lady she was sitting behind window she told me that they will provide opt-out within 2 working days. Still I didn't get any news. I would appreciate If someone who get the opt-out or not so please tell me how many days they will take to send me opt-out. Thanks

                        Comment


                        • same issue 221g requesting for opt-out letter.

                          Originally posted by cool_1986 View Post
                          Hi,
                          Please someone advise me regarding opt out letter. My interview already completed however, I was not aware that the category has been changed from F2b category to F1.
                          So, Interviewer gave me letter 221g for requesting opt-out letter. I found out from this forum that opt-out will get it from USCIS New Delhi. I have visited two week before USCIS Delhi and submitted all the documents along with written letter to retain my category in F2b. They haven't provide and information about opt-out till now. The lady she was sitting behind window she told me that they will provide opt-out within 2 working days. Still I didn't get any news. I would appreciate If someone who get the opt-out or not so please tell me how many days they will take to send me opt-out. Thanks
                          Hello,

                          I was wondering what is the status of your case now. Similar situation has happened with my brother's case. We did not notify NVC about petitioner became citizen and after my brother's interview he got denial letter requesting for Opt- out letter. I don't have any idea how and where to request that letter. Can you kindly let me know what's the status of your case now and how did you proceed to get the opt-out letter? I really appreciate your help.

                          Thank you!

                          Comment


                          • Convert From F1 To F2b

                            Step 1: Contact NVC that you want to opt out from F1 and want to remain in F2b ( 1 week)
                            Step 2: NVC will change, and will ask to get approval letter from USCIS or Department of Homeland Security. ( Best visit Delhi office personally , take necessary documents asked , you will get it in one week)
                            Step 3 : Wait F2b to become current!


                            It is really easy. If you thing F2b is near, then you can change it by yourself.


                            Just following above 3 steps:

                            Comment


                            • Convert From F1 To F2b

                              Originally posted by Badal Patel View Post
                              Step 1: Contact NVC that you want to opt out from F1 and want to remain in F2b ( 1 week)
                              Step 2: NVC will change, and will ask to get approval letter from USCIS or Department of Homeland Security. ( Best visit Delhi office personally , take necessary documents asked , you will get it in one week)
                              Step 3 : Wait F2b to become current!


                              It is really easy. If you thing F2b is near, then you can change it by yourself.


                              Just following above 3 steps:

                              Update:
                              F1 Category did not moved still 5 months back then my priority date. I did change to F2b and I got my visa interview next month

                              Comment


                              • Originally posted by Badal Patel View Post
                                Step 1: Contact NVC that you want to opt out from F1 and want to remain in F2b ( 1 week)
                                Step 2: NVC will change, and will ask to get approval letter from USCIS or Department of Homeland Security. ( Best visit Delhi office personally , take necessary documents asked , you will get it in one week)
                                Step 3 : Wait F2b to become current!


                                It is really easy. If you thing F2b is near, then you can change it by yourself.


                                Just following above 3 steps:
                                Originally posted by liberal_always View Post
                                Hi Everyone,

                                A quick update ! FINALLY I HAVE RECEIVED THE OPT-OUT LETTER FROM USCIS.

                                You guys can't believe how relieved I was when I got that phone call and then finally seeing that email with the attachment. The letter clearly states that they have approved my request to opt-out under Section 6 of CSPA and Section 204(K) of the Immigration and Nationality Act.

                                For those who were not aware of my situation:
                                1. I contacted NVC for opt-out and they confirmed
                                2. However, I did not have any approval letter from USCIS. I had written many times to the USCIS Office in USA but to no avail
                                3. My son went for the interview as scheduled and they put his visa on hold until he produces this approval letter. This has happened with Mr John on this thread as well.
                                4. So we then had to run from pillar to post to figure out how the hell to get this and after thorough research we were able to find the resolution to this big mystery.
                                SUGGESTION: PLEASE DO NOT LISTEN TO WHAT NVC TELLS YOU. THEY MAY, MAY NOT KNOW AND YOU ARE RISKING A LOT BASED ON SOME AGENT WHO TELLS YOU SOMETHING OVER THE PHONE WHICH HAS NO CREDIBILITY AT ALL. This is what I learnt from personal experience.

                                So here is the resolution for those who seek this conversion to the big mystery that I have been trying to unravel since Nov 2014:

                                1. The Approval Letter can only be issued by USCIS Field Office where the beneficiary is residing
                                2. NVC needs to know about this Opt-Out so they can start the processing. However the authority to approve this opt-out is only with Department of Homeland Security (which is USCIS)
                                3. The consulate (Department of State) may not ask for this Approval letter depending on the country, but this is a HUGE RISK. Every beneficiary in this situation is advised to get this letter.

                                How do I get it:
                                1. If you feel that you will benefit from this opt-out provision, please contact NVC first.
                                2. They will start the processing of this case under F2B category.
                                3. They will notify by mail about this and that letter will also indicate that you must get approval from DHS (which is USCIS)
                                4. Then the beneficiary should make a written request to the USCIS Field Office (based on his residence) indicating that he/she wants to opt-out of this conversion under Section 6 of CSPA and Section 204(k) of INA.
                                Include the following documents for reference in your written request:
                                - Copy of I797 Approval Notice
                                - Copy of Naturalization of Petitioner
                                - Letter from NVC approving the opt-out and requesting to get approval from DHS
                                - USCIS Memorandum indicating how the USCIS Field office should proceed for such a request at:
                                http://www.uscis.gov..._sec6_32304.pdf

                                Send it (suggested via email and regular mail and if possible in person) to the Field Office where the beneficiary's case is being processed as displayed here:


                                And then just pray that they know what this is and can proceed further with your case. If you don't hear from them send it again, and if possible make a personal trip by taking an InfoPass ticket. This is critical as many field offices are not aware of this provision.

                                I want to extend my sincere thanks to Puru for helping me out and being my support throughout this process. We were in touch outside this forum and co-ordinated our requests to the New Delhi USCIS office which resulted in the expeditious delivery of this approval letter.

                                Now, I am just hoping I hear back from the Consulate on the next steps soon.. (Anyone has experience with this please let me know - I called them and they said just wait to hear from the Consulate instead of scheduling an interview.. )

                                Will post as soon as we receive the visa ! Just pray for us

                                Thank you very much! This forum made my life easy. It just took me 2-3 weeks to change from category to f2b. 1 week - Confirmation from NVC. 2nd Week - Personally went USCIS Delhi to get Approval Letter. 3rd week Category change by NVC and Also got confirmation from USCIS. I got my interview next month as it is on F2b, else if it was not change I have to wait for a year. Thanks for detail explanaition.

                                Comment

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