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Pls Help- CSPA F2A petition was changed to F1 with unfavorable result

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  • Pls Help- CSPA F2A petition was changed to F1 with unfavorable result

    Hi, please help. I received approval for I-130 F2A for my son last Nov 2004. The case is now current. Though he's now 24 he qualifies for CSPA. Unfortunately - I was naturalized Dec 22, 2004. Under CSPA, this type of case will be converted to F1 which will take longer for our case since my son is from the Philippnes (where there is a backlog for F1).

    So, we requested to opt out of the conversion to F1 but was denied by DHS. I just got the letter today. The category was also changed from F2A to F1 due as a result. This spells a tremendous delay as F1 date for Philippine beneficiaries is 1991. Under F2A, it's been current since Nov of 2004.

    Please, I need help and recommendation as to how to proceed. I would like to revert the case back to F2A or have DHS revisit this case.

    I'm quite disappointed

  • #2
    You may want to visit CSPA section 6 from the following link.

    CSPA is a complex law. it seems that Visa category retention only applies to a I-130 petition filed under F2B if the petitioner naturalizes to USC. Unfortunately your child was filed under F2A. you may want to talk to a lawyer to better understand this clause. The worst case is that your child may be able to retent his initial priority under F2B since he is over 21 years old and single. F2B for philippines is faster than F1. Good luck


    • #3
      Hi All. Please help. I need some recommendations. There is now a new memo that allows CSPA section 6 for F2A beneficiaries who turned 21 and then the parent naturalised. I requested retention of preference (F2A - F2B) last year but was denied and my son's preference was converted to F1. How do I file a request to DHS to revert this adjudication and invoke CSPA section 6 so that my son can's preference will transfer to F2B from F1 ? Many thanks all for your help. Kind Regards, Frankieb