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f2a to f2b at interview day

1 Answers. Asked on Jan 19th, 2017 on Immigration - Florida
More details to this question:
im legal perm resident and my son got the interview letter for his petition however when he went there on the interview day embassy person said they have changed his category to f2b from f2a we called nvc and they said they processed the petition and at that time he was eligible for interview but embassy says about a month ago he aged out and even cspa leaves him short by 20 days can we do something? how is it possible that interview was scheduled and then on the interview date he was refused saying his category changed?
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Answered on Jan 23rd, 2017 at 3:48 AM

The interview was scheduled because it is the Embassy who makes the ultimate determination on whether someone is eligible for an immigrant visa under the CSPA. Unfortunately, if the calculation of his age under the CSPA was correct, there is nothing you can do to challenge the determination. Your son will need to wait for his priority date to become current under F2B category. You can read more at http://myattorneyusa.com/recapturing-priority-dates-for-family-sponsored-immigrant-visa-applications.

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