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Opt out of the F1 Category to F2B since F2B is now current

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  • Opt out of the F1 Category to F2B since F2B is now current

    Hello everyone,

    I come here once more to obtain some information since you all have been so helpful in the past. Recently saw the visa bulleting for september and the category I used to be before my mother became a citizen is now current with my priority date. First thing I thought, how ironic. My mother went thru so much trouble to naturalize and all that was invain. The old category has jumped almost a year when before it will jump a month in one year. Anyway, I came across articles and one in particular about section 6 of the Child protection act where beneficiary opted out of the F1 and requested to be downgrated to FB2. This is where I will like your help.
    1. What is the proper way to request this change

    2. how long does the approal take?

    I already talked to a lawyer who said that because of time limits (need to submit adjustment application by sept 1) I should call the national visa center and request opt out via phone call and ask for an approval to be send to my address.

    3. is it truly advisable that I contact the National Visa center or is my lawyer just trying to do less work? (according to her there is no time to send a letter of representation and have it approved right away?

    4. Do you know of any successful cases where this section applies

    Will very much appreciate your feedback.

    P. S. Mother became resident in 2011 and requested upgrade to F1 in writing on Jan 2012 a letter from NVC was received stating new F1 category.


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