Asked in Immigration Law

Q: My father submitted my documents in November 2015 at first I was put in F2A and then moved to F2B

My father is now a resident of USA since October 2015 he submitted my documents in November 2015. My priority date is 09 January 2015. In February 2016 I received my last email from the NVC notifying me that in 60 days i would receive my interview date. Then i turned 21 in April and in September 2016 I received a new email saying that my case was moved from F2A to F2B. We think that my category changed because i turned 21. Is there anything I could do about it and most important in general what it takes for my case to be reopened and receive my interview date? Oh does this mean that there is a slight chance that i will not be able to become a USA resident?

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1 Lawyer Answer

A: You should consult with an immigration attorney to see if the Child Status Protection Act (CSPA) applies to your case. This law could allow you to deduct time from your age so that your legal age could be less than 21 years. If not, then you might have to wait for your priority date to become current under F2B. Another option might be to see if your father can Naturalize in 3 or 5 years and see if the F1 category is moving faster.

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