Is there any way I can appeal the consul decision where I've been denied an immigrant visa?Expedite F2B visa

Question

I was petitioned under F2A category but I aged out and the US embassy didn't bother to call me in an interview just to say I'm no longer eligible! and I was advised to adjust it to F2B,but longer wait.Is there anyway I can expedite my case since my priority date is current.Help!I'm hopeless to see my parents!

Answer 1

Depending on your nationality, and I'm guessing Peachy is from the Philippines, the priority dates do vary from F2a to F2b. If you are indeed Filipina then the difference is very substantial. The priority date for F2a petitions is now 22 Feb 03, while the priority date for F2b petitions is now 15 Jan 97, or an additional 6 year wait.

If your parent became an American while you're waiting, the petition classification would change again to F1, as the adult daughter of an American citizen, and if you were to marry after your parent became an American, it would change again to F3. There is a legal exception for Filipinos to retain their F2 status even if their filing parent becomes an American as the priority dates drop back even further for F-1/F-3 petitions.  The priority dates vary between the various visa classifications, so whether or not you are current depends on your current visa classification. but your petition retains the original file date.  

There isn't much you really can do to contest the embassy decision, which is probably correct legally. However, you can have an immigration attorney take a look and do the calculations to see if you should have retained your original status or not. If you can show the embassy made an error on their calculations, then you could reopen your case.