USA & CANADA-VISA: IMMIGRATION CORNER By Michael J. Gurfinkel – ‘Why did the embassy cancel my interview?’

IMMIGRATION CORNER – Michael J. Gurfinkel

Dear Attorney Gurfinkel:

.

I was petitioned in November 2006 as a single adult child of my immigrant (green card) parent, in the F-2B category. I waited many years, and in November 2017, the embassy scheduled my interview for January 2018. I went ahead and had my medicals, paid all the fees, and submitted all the forms, and was excited, looking forward to my interview.

A few weeks later, I received an email from the embassy, notifying me they canceled my interview.  I do not understand why they did that, or how I can reschedule my interview. What is going on, and why was my interview canceled?

truly yours,

LB

Dear LB:

It appears that what happened was your priority date which was current in November retrogressed, or “moved backwards,” such that your visa became unavailable at the time of your visa interview in January 2018. In November 2017, the priority date in the F-2B category for Philippines was Jan. 1, 2007. Therefore, anyone with a priority date earlier than Jan. 1, 2007 could be queued for interview, as visa was “available.”

However, in December 2017, the F-2B priority date retrogressed, or moved backwards to July 1, 2006. Therefore, since your priority date was November 2006, it was current in November 2017, but no longer current as of December 2017. In fact, as of March 2018, the F-2B priority date is September 8, 2006, which is still not current for you, as your priority date is November 2006.

What may have occurred was the embassy sent out your interview date in November 2017, when your priority date was current, anticipating it would continue to remain current up until the time of your interview. However, when the State Department retrogressed the priority date, your visa was no longer available, and the embassy therefore could not go forward with your interview.

At this time, you would have to monitor your priority date on the monthly Visa Bulletin. Also, if you have children included under your petition, make sure you protect their eligibility under the Child Status Protection Act (CSPA), in case they “age out” (or turn 21 years of age), while you wait for your priority date to become current again. There are several requirements or steps that a child would need to take within a year to preserve CSPA eligibility. You may want to consult an attorney to assist you in preserving your children’s eligibility.

Michael J. Gurfinkel has been an attorney for over 35 years and is licensed, and an active member of the State Bars of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different and results may depend on the facts of the particular case. The information and opinions contained herein (including testimonials, “Success Stories,” endorsements and re-enactments) are of a general nature, and are not intended to apply to any particular case, and do not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.

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