Strafford

Hi everyone if anyone has any tips, suggestions, thoughts help it will all be appreciated.

Moved to USA with 15 year old daughter on E2 in 2004
Married in 2007 - daughter had just turned 18.
Became a Permanent Resident.
Daughter became F1 International Student
Sent in I-130 for daughter in Aug 2009
I-130 approved for unmarried child under 21 of permanent resident in Aug 2010.
Priority date for daughter arrived, kept chasing NVC were told USCIS had 90 days to send approval to them. Kept calling and being told nothing they could do. Eventually told to just send her paperwork to USCIS. Paperwork sent back as priority date retrogressed.
Worked with State Representatives Office to look into why this happened. Eventually found out daughters file went to storage.
Priority date came around again, State Representatives Office chased up for the file and was advised by USCIS that it has not finally been sent to NVC. NVC advised do not have it (this has been going on for three months). Kansas City now apparently looking into it but heard nothing yet.

Meantime I applied for Citizenship 2012, passed test and am now a Citizen. This was really quick.

Told by one USCIS representative that daughter will get a green card straight away as I-130 approved as child under 21. Another USCIS representative stated that no I have now put my daughters application back to 2005 as a daughter over 21.

Does anyone know which one is right and if it is the second USCIS rep, what is the OPT-OUT option and can I do this to keep my daughter as a child under 21?

Also does anyone know of any good Immigration Attorneys in the Kansas City area who do not charge an arm and a leg and I have had my daughter in University for 5 years now as an International Student.

Thanks any help appreciated

ian-mstm

According to the current visa bulletin, the PD for F2A (children under 21 for PR) is November 2009.


Just to clarify, passing the test doesn't make you a citizen. That doesn't happen until you've taken the Oath of Allegiance. If you've already had the Oath ceremony, then excellent - and congratulations.


The current PD for F1 (unmarried children of USC) is May 2005.


Have you researched the Child Status Protection Act?

Hopefully, others will be along shortly to add more information.

Ian

Strafford

As a PR her priority date is August 9th, 2009. However I have taken the oath ceremony so now believe I have put her date back to 2005.

I have read that there is an OPT-OUT option but I need to know more about this and whether or not this applies to this case. The USCIS webisite states:-

CSPA provides another type of relief referred to as the “opt-out.” This is very limited in scope. If a permanent resident petitioner filed a Form I-130, Petition for Alien Relative, for an unmarried son/daughter and then the petitioner naturalized, the beneficiary can choose to remain in the second preference classification instead of automatically converting to a 1st preference classification. The reason that this may be beneficial is that sometimes the waiting time for the second preference visa is shorter than the waiting time for the first preference visa. If this situation applies, check the visa bulletin (see link to the right) to see if the opt-out may be helpful. If the beneficiary wants to opt-out, he or she must make a request in writing to USCIS.

scrubbedexpat099

Certainly something to take advantage of.

Strafford

Thanks but How?

ian-mstm

The answer is in the bit you, yourself, quoted.

Ian

Strafford

I know it states make a request in writing but to where? Also would I send this in with the application or do I need to do it before I send in the application?

Also any idea on what else I can do reference USCIS say they have sent my daughters file to the NVC and NVC are saying they do not have it.

Sould I just send her application in or wait until I hear back regarding the request to stay in the Permanent Resident Category.

Thanks

ian-mstm

I'm not in the habit of doing people's research for them, but if you return to the CSPA page where you quoted the info, there's a "contact us" link at the very bottom of the page. I suggest you start there!

You might also want to consider an InfoPass appointment. Google is your friend.

Ian

Strafford

Thanks Ian, I missed the contact button.

Trust me I have been googling for the last two years.........

Thanks

gemmabl

All lawyers will cost an arm and a leg, but since you've already spent years of stress on this a good lawyer might be worth the money at this point.

I had good luck with one particularly frustrating point in my process by going to our Representative (Congressional Rep, not local State Rep), but only by going to him through our lawyer. The lawyer was better able to put our frustration into words, and knew all the lingo. He had the problem sorted out in three days (although it wasn't the same problem as yours).

Strafford

Thanks I am working with our Senators office at the moment. His Office Manager has been working with me ever since I first started my application for my green card. She is very helpful and wonderful to work with but even she is getting the run around with the USCIS saying that they sent my daughters file to the NVC two months ago and the NVC saying they don't have.

It is hard to send in an application when you don't know where to send if because the file is in limbo