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Thread: How to get Approval of petition conversion opt-out

  1. #1
    My son's has I130 approved & the case is at NVC who has his visa available for him under F2A but require a "Approval of petition conversion opt-out"of F1 status. He was told at his interview in Montreal that he can get the conversion opt-out from USCIS. I have spoken to many USCIS employees but keep getting the same answer that we dont know and we dont provide this letter. I was also told to contact NVC since they currently have the judisrestriction over his case. So I contacted NVC and was told that USCIS is the only one that can provide the conversion opt-out. I have contacted If anyone knows or even have the slightest idea on how, who or what we should be doing I would really appreciate your help. Thank you.

  2. #2
    My son's has I130 approved & the case is at NVC who has his visa available for him under F2A but require a "Approval of petition conversion opt-out"of F1 status. He was told at his interview in Montreal that he can get the conversion opt-out from USCIS. I have spoken to many USCIS employees but keep getting the same answer that we dont know and we dont provide this letter. I was also told to contact NVC since they currently have the judisrestriction over his case. So I contacted NVC and was told that USCIS is the only one that can provide the conversion opt-out. I have contacted If anyone knows or even have the slightest idea on how, who or what we should be doing I would really appreciate your help. Thank you.

  3. #3
    Dear Mr. davdah. I thank you & really appreciate your comment. I will read & follow up in form I-539. We are trying to opt-out of F1 to F2A status. What is "V" status. I have been inquiring since I posted this comment & I have been told that there is no such form that USCIS has like this as a matter of fact we have to draft out own letter & let uscis sign off on it. Make sence but is it really possible? Have you heard anything or know anything like this?

    Thank you so much from the bottom of my heart if this will help me reunite with my son. I will keep you posted.
    Thanks again.

  4. #4
    You cannot file Form I-539 because your son is not in the U.S.

    You should write a letter to USCIS (to the service center that approved your I-130 petition) requesting OPT OUT of F1 category. Make sure it is clear on the cover letter that you are requesting OPT out. Include the I-130 approval notice when sending the letter. You may want to see an immigration attorney to make sure you include all the information USCIS needs.

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
    You would use form I-539 and it would be sent to the local USCIS office with reference to V status adjudications. You would be requesting an opt out of F1 as you know.


    This has to do with CSPA section 6 opt out provisions. That is, if you call and ask again. Give them this info and they might be more helpful if you narrow the scope of the question.


    Hm, another republican demonstrated assistance with zero democrat input. Remember this when citizenship is realized. Dems are lazy.
    </div></BLOCKQUOTE>

    Hahaha!

    This is the problem with GOP arrogance. They tend to dip their fingers on matters that're beyond their small knowledge and manifest their ignorance in the process.

    Dear OP, here's the democratic input - my old discussion posts that are directly related to your query:

    http://discuss.ilw.com/eve/for...10873241#26010873241

    http://discuss.ilw.com/eve/for...10593241#88310593241

    http://discuss.ilw.com/eve/for...10247341#23110247341

    And here's to clarify some 'innocent' lapses by a GOP poster here that may cause to mislead you. Your question has nothing to do with the V visa category. It was a nonimmigrant visa that was created under LIFE Act of 2000. But it has its sunset date of December 21, 2000 so its intended beneficiaries who missed that deadline won't benefit from it any longer.

    Just a friendly word of caution therefore. The GOPs were given the chance to address the serious immigration crisis. They failed miserably. When they gave their opinions hence, only take them on their face value. Always wait for a confirmation by a democrat. We're always just around the corner, to always keep these misfits in check.

  6. #6
    Uhu! Uhu! Uhu!

    Regardless whether the alien beneficiary is here or overseas, never, I repeat, never is Form I-539 necessary in an opt-out request!!! Form I-539 is utilized for NONIMMIGRANT purposes, opt-out request is an IMMIGRANT visa process.

    Furthermore, for the rheumy GOP intellect's consumption, the phrase "directly 'related' to your query" I used above simply meant that my old discussion posts may be 'related' in the opt-out aspect but not necessarily 'similar' to your case in point.

  7. #7
    No, Sir! That's what I called dipping a finger and manifesting ignorance. Maybe you're referring to F-1 (student) and F-2 (dependent) nonimmigrants. Hahaha! But, sorry to say, opting-out refers to F2A or B (family second categories where the petitioner is a greencard holder), that during the pendency of the petition has gotten naturalized. Where, in the process, the alien petitinee's category should automatically be converted to F1 (family first category where the petitioner is a USC). But because there's a worse backlog in the F1 category, aliens are afforded the relief to 'opt-out' of the automatic conversion meaning to request for the retention of F2 preference priority date.

    Told yah, GOPs are lazy. Take care.

  8. #8
    Maybe you were referring to F1 to F2A? Yeah right. You just said one post ago that these are nonimmigrant visa types. Hahaha! And don't add to the post unless it's given? Who added the erroneous Form I-539 and the outdated V visa into the mix? Hehehe! By the way, I just retorted your use of the word lazy. Okay, I should have stuck with the arrogant and ignorant descriptions. You said, it took four days before the democratic response? Hey, the democratic response was there even before the question was asked. The GOP response came, but well, what's the quality? The OP even rebuffed it at once. So with due respect, let me add dumb and cunning which are more on the obnoxious side - as usual, twisting and spinning the issue to unlucky disentangle out of the fix thru typical scheming and scamming ways!

  9. #9
    Oops! Old posts, old posts, old posts which were related but not identical. How many times do I have to explain the difference? The same question was asked by one poster from the Philippines before. Yeah right, the place of alien origin or location is immaterial, because the 'opt-out' procedure is uniform and constant. It's really nonsense to insist on a factor that's not determinative whether it be England, or the undetermined Austria or Hungary!

  10. #10
    Yes, sir! You amaze me no end with your ever-renewing GOP twists and spins.

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