Official I-601A Thread - Page 70

"Mother became a U.S. Citizen in 2018. Which I guess moves me up to F1?"
Correct.

You will file I-601A when the priority date becomes current which it already should unless you're Mexican (21 year backlog, probably think about going employer route instead) or Filipino (9 year backlog). If it doesn't then your mother should call USCIS (petitions don't get automatically updated if the petitioner naturalizes) if they tell her to take a hike file I-824.

Then once DOS gets it, you'll pay the DS-260 fee, file I-601A, and after I-601A is approved you'll file DS-260, get your interview date, leave to attend it, get your F11 immigrant visa, and come back.

My visa became current when I was still F2A. The embassy sent me a packet on what to do, that was in january 2014. We ignored it since 601A wasn't around that time. Does that mean I have to wait for the priority date of F1 to become current so that I could apply? Didn't really notice that the priority date for F1 is Feb2011(Philippines) now. it's moving up fast.

Unfortunately yes. There is a law on the books which protects against aging out (CSPA), but it requires you to file either I-485, DS-260, or I-824 within 1 year of the priority date becoming current (or approval if it was current) in order to preserve your age.

Moreover, even if you did above, naturalization of the parent basically overrides the above ageout protection. Instead your CSPA age is your age on the day that you mother naturalized, so under 21 you get moved into IR, over 21 you get moved into F1. This is basically the only scenario under which the petitioning parent should hold off on naturalization since it's not the best idea to drop from F2A to F1 when it could be prevented.

Also yes, the backlog with Philippines is finally starting to properly clear up. My guess is that backlogs came from a bunch of petitions filed prior to 245(i) sunset (April 30th 2001) and then some more between then and when CSPA became effective (August 6th 2002). If it keeps up this pace your priority date should become current within the next year.

Ughhh we waited over a year just to get a RFE!

Don't worry, that's fine. Getting an RFE means you will get approve as long as you can provide what they are requesting, it can be something very simple. Lot of people just get a denial and have to start over.

Stay strong!

Give them exactly what they want. They'll give you an answer within 3-4 weeks, typically.

How much did you guys pay for your lawyer or did some of you do it on your own?

I hired a lawyer. I paid $4,500 for the 601A alone + USCIS fees.

Bummer. What are they requesting?

They want more evidence of financial hardship, like a breakdown of expenses...but we don’t have many expenses, mainly debt. 😞