Quote:
Originally Posted by neoair
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.
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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.