tag:blogger.com,1999:blog-54324363268799698482024-02-08T05:31:41.611-08:00F2B US Visa info blogCompiled information, news & updates on Family Based F2B category U.S. VisaBrain Freezehttp://www.blogger.com/profile/18411516015948094731noreply@blogger.comBlogger17125tag:blogger.com,1999:blog-5432436326879969848.post-5955443767214455552011-04-13T18:05:00.000-07:002011-04-13T18:05:46.158-07:00May 2011 visa bulletinD. VISA AVAILABILITY DURING THE COMING MONTHS<br />
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Family-sponsored: The extremely high level of demand during the first few months of FY-2011 resulted in the retrogression of most worldwide cut-off dates in January or February. Most of these cut-offs have begun to advance slowly, although demand is still somewhat heavy in the Family First preference which may require further retrogression of that date. At this time it is not possible to predict the rate of forward movement, but some movement is anticipated in most categories for the remainder of the fiscal year.Brain Freezehttp://www.blogger.com/profile/18411516015948094731noreply@blogger.com0tag:blogger.com,1999:blog-5432436326879969848.post-2212145234106845212010-12-13T07:56:00.000-08:002010-12-13T07:56:11.166-08:00January 2011 retrogressionIn a recent conference last week, hosted by the American Immigration Lawyers Association in Monterey, California, Charles Oppenheim, Chief Immigrant Control and Reporting Division of the Department of State, revealed that this coming January 2011, there will once again be retrogression in certain categories of family petitions.<br />
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According to him, there was a surge of visa applications in the past few months as a result of the progression. He justified the need for retrogression to meet with the numerical limitations set by law.<br />
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The Department of State’s Visa Bulletin for the month of December 2010 indicates which visa numbers are affected by the retrogression.<br />
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Preference categories<br />
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There are three groups affected by the change.<br />
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The first group is the “second preference-B petitions” filed by green card holders on behalf of their single adult children. The visa priority dates under this group retrogressed from September 1, 2002 to March 1, 2000.<br />
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The second group affects petitions filed under the “third preference category” by US citizens on behalf of their married children. The priority dates have been moved from March 1, 1995 back to July 1, 1992. This is a retrogression of almost three years.<br />
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For siblings of US citizens under the “fourth preference category,” the priority dates have been pulled back from April 1, 1991 to January 1, 1988. This is the group which has the most severe backlog.<br />
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Thus, beneficiaries whose petitions were filed after January 1988 will have to wait longer before they are issued their visas.<br />
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“First preference” petitions by US citizens on behalf of single unmarried children; and, “second preference-A” petitions by green card holders for their spouses and minor children are fortunately not affected by the recent changes.<br />
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What to expect<br />
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The retrogression of visa numbers will not begin until the month of December 2010. The National Visa Center and the consular office of the US embassy may still continue to accept applications and supporting documents for visa processing of certain applicants.<br />
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Depending on the discretion of the consular officer, applicants may still be issued their visas if all documents are completed and a visa interview is scheduled before November 30, 2010. However, if the processing is not completed by December, the visas can no longer be issued until the priority dates become current once again. When this is going to happen remains to be seen.<br />
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Considering the progression and retrogression movement of the priority dates, one can no longer anticipate with reasonable certainty when an immigrant visa will be available.<br />
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It may be a matter of time for the Department of State, but to those affected, family unity has become uncertain.<br />
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Source: http://globalnation.inquirer.net/viewpoints/viewpoints/view/20101121-304450/US-family-visas-to-retrogress-in-December-2010Brain Freezehttp://www.blogger.com/profile/18411516015948094731noreply@blogger.com1tag:blogger.com,1999:blog-5432436326879969848.post-59101835188528495652010-11-19T09:08:00.000-08:002010-11-19T09:08:02.220-08:00December 2010 Philippine Retrogression explainedThe Department of State addresses the <br />
RETROGRESSION OF PHILIPPINES FAMILY CUT-OFF DATES in §E:<br />
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"A dramatic increase in the level of applicant demand with very early priority dates has required the retrogression of the Philippines Family 2B, Third, and Fourth preference cut-off dates."<br />
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DOS also commented on VISA AVAILABILITY IN THE COMING MONTHS in §F:<br />
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"Family-sponsored: From early 2009 through September 2010, the level of demand for numbers in the Family-sponsored preference categories was very low. As a result, the cut-off dates for most Family preference categories were advanced at a very rapid pace, in an attempt to generate demand so that the annual numerical limits could be fully utilized. As readers were advised in previous Visa Bulletins providing projections of visa availability (e.g., April 2009, January 2010, May 2010, July 2010), such cut-off date advances could not continue indefinitely, and at some point they could slow, stop, or in some cases retrogress.<br />
<br />
"The level of demand which has been experienced during FY-2011 has resulted in most of the worldwide cut-off dates being held for the month of December. At this time it is not possible to predict when or if these dates may advance further, and there is a distinct possibility that retrogressions could occur as early as January if demand within the established cut-off dates does not appear to be subsiding. "Brain Freezehttp://www.blogger.com/profile/18411516015948094731noreply@blogger.com0tag:blogger.com,1999:blog-5432436326879969848.post-84736496354601730402010-11-09T21:14:00.000-08:002010-11-09T21:15:18.519-08:00Latest Visa Bulletin 2010<a href="http://travel.state.gov/visa/bulletin/bulletin_1360.html"><span class="Apple-style-span" style="color: red;">CLICK HERE</span></a>Brain Freezehttp://www.blogger.com/profile/18411516015948094731noreply@blogger.com0tag:blogger.com,1999:blog-5432436326879969848.post-61018172174668368022010-11-09T20:35:00.000-08:002010-11-09T20:35:18.673-08:00Death of a PetitionerVisa solutions for certain surviving relatives<br />
<br />
BY ATTY. ALLISON AQUINO<br />
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THE enactment of the Fiscal Year 2010 Department of Homeland Security Bill (P.L 111-83) a year ago in October 2009 radically changed the visa eligibility of individuals whose Petitioner in a Relative Petition has passed away. The law addresses the problems encountered by so many individuals who are harmed because of the lengthy adjudication process and visa backlogs. The law now allows the Department of Homeland Security (DHS) to complete the adjudication of applications for permanent residence despite the death of the Petitioner under certain circumstances.<br />
Until enactment of the Surviving Relative law, the immigration laws dictated that a petition filed by a relative is automatically revoked upon the death of the Petitioner. The dilemma of a loved one’s death is regrettably common due to the inordinate lengths of time that the DHS can take to process Relative Petitions. Once a Relative Petition in a preference category is approved placing a Beneficiary on a waiting list, the length of time waiting for the visa to become available can presently be well over ten to twenty years depending on the category.<br />
If the Relative Petition had already been approved, the Beneficiary could apply for Humanitarian Reinstatement of the automatically revoked petition. If the Humanitarian Reinstatement is granted, then the Relative Petition would be reinstated and the individual allowed to apply for permanent residency once eligible to do so. If the Relative Petition had not yet been approved at the time of the Petitioner’s death, then the Beneficiary had no available recourse at all.<br />
The Surviving Relative law revolutionizes the immigration service’s ability to process Relative Petitions in certain situations when a Petitioner passes away. The applicability of the law depends on various factors, such as the relationship between the Petitioner and Beneficiary, the physical location of the Beneficiary, and the existence of other certain relatives.<br />
For widows of US Citizens, the law fixes what had become known as the Widow Penalty. The law now allows widows of US citizens who died within two years of the marriage to obtain permanent residency. Widows must file the necessary petitions within two years of the death and not be remarried. For those whose spouse died more than two years ago, the law mandates that the petition be filed no later than October 28, 2011.<br />
The law also provides considerable benefits to all other categories of Beneficiaries, such as all children (regardless of age and marital status), parents, siblings and derivative beneficiaries. Under the new law, the DHS must finalize processing of a Relative Petition and/or Adjustment of Status even after the death of the Petitioner. This is applicable, however, only if the Beneficiary was present in the United States at the time of the Petitioner’s death and the Beneficiary continues to reside in the United States. As well, the Beneficiary must have a qualifying relative who can submit an Affidavit of Support or be exempt from the Affidavit of Support requirement.<br />
For individuals who do not fulfill the requirements of the new law, the procedures for seeking humanitarian reinstatement are still available. However, the new law for surviving relatives is a tremendous advance since the law indicates that the petitions must be adjudicated unless it would not be in the public interest.<br />
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The law pertaining to surviving relatives has yet to be interpreted by the DHS; however, the law as plainly written is broad and expansive and should aid many individuals who have been waiting for excessive lengths of time. The death of a loved one is tragic enough. Thankfully, the immigration laws now acknowledge the injustice and aims to rectify the tragedy faced by surviving relatives.<br />
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source: http://balita.com/?p=226Brain Freezehttp://www.blogger.com/profile/18411516015948094731noreply@blogger.com0tag:blogger.com,1999:blog-5432436326879969848.post-42306369316630265552010-11-09T20:22:00.000-08:002010-11-09T20:22:40.624-08:00Secret marriages will never be discovered by the U.S. Embassy or USCIS?FALSE! <br />
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There is no such thing as a "secret marriage". If you were married by a priest, local official, etc., and it was filed with the government, it is a public document, and is not, by definition, "secret". If you went through a ceremony, you are probably legally married, even if you think it was "secret." Many people, who were single when their parents petitioned them, got married while waiting for their visas, and tried to hide the marriage, because the marriage may either disqualify them for a visa (if their parent is an immigrant), or make them wait much longer (if their parent is a citizen). The Embassy is now very wise to people hiding their marital status, and routinely checks official government records, to see if there really is a marriage contract on file. In addition, paying someone to have the marriage contract "pulled" won't help, because there are several places and ways marriages are recorded. <br />
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Source: http://www.gurfinkel.com/imm_updates54.htmBrain Freezehttp://www.blogger.com/profile/18411516015948094731noreply@blogger.com0tag:blogger.com,1999:blog-5432436326879969848.post-50271531845508295402010-11-09T20:20:00.000-08:002010-11-09T20:20:29.053-08:00It is faster for U.S. Citizen parents from the Philippines to petition adult single children than it is for green card holder parents?FALSE! <br />
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It takes longer for single adult (over 21) children of American citizens to obtain green cards than the single adult children of green card holders, for people born in the Philippines. Therefore, if you are a green card parent and have a single adult child under petition, it would be best to check the current priority dates in these categories, and file the petition for your single child while you are still an immigrant vs. waiting until you naturalize. <br />
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source: http://www.gurfinkel.com/imm_updates53.htmBrain Freezehttp://www.blogger.com/profile/18411516015948094731noreply@blogger.com0tag:blogger.com,1999:blog-5432436326879969848.post-77335058250466880972010-09-30T05:46:00.000-07:002010-09-30T05:48:57.301-07:002011 US visa predictionYesterday our office attended a American Immigration Lawyers Association (AILA) discussion session here in Washington, DC with Charles Oppenheim. Mr. Oppenheim is the Chief of the Visa Control and Reporting Division at the U.S. Department of State. For many, he is simply known as the person responsible for the monthly and annual visa number allocations for family- and employment-based green cards. He is also the person who prepares and publishes the monthly visa bulletin which is highly anticipated every month.<br />
We are asked on a daily basis by our clients to provide visa bulletin predictions and when a particular priority date may become current. As a result, on behalf of our clients, we appreciate the opportunity Mr. Oppenheim has afforded us to get some advance sense of the movement of the priority dates.<br />
General Visa Number Trends<br />
Mr. Oppenheim noted that in the employment-based context, each green card application case is larger than previously expected (because many primary beneficiaries have married and have children). As a result, and in recognition of the fact that many EB-3 India and China candidates are now eligible for and applying under the EB-2 category, Mr. Oppenheim noted that the employment-based visa numbers are expected to remain oversubscribed and to move slowly forward.<br />
With respect to family-based cases, Mr. Oppenheim noted that the demand, especially in the FB2 category has been much lower than anticipated and as a result the FB2 category has noted significant forward movement over the past few months and that this aggressive forward movement is expected to continue. Mr. Oppenheim that the FB2A forward movement is unprecedented and provides a rare opportunity to file family-based green card applications<br />
Visa Bulletin Predictions – Employment-Based<br />
Mr. Oppenheim was able to provide some predictions and expectations for movement of visa numbers over the next few months. Please note that these are short-term predictions and depending on the number of applications as a result of the next few months’ visa numbers, the rate of cutoff date movement may change.<br />
EB-3 Rest of World (ROW). This category is expected to move very slightly forward or to remain unchanged in the November 2010 visa bulletin. The reason is the high number of applications waiting for a visa number in this category.<br />
EB-3 China and EB-2 China. These two categories are expected to move slowly over the next few months – by one or two weeks at a time for the next few visa bulletins.<br />
EB-3 India. Similarly, this category is expected to move very slowly over the next few visa bulletins — perhaps by one or two weeks at a time.<br />
EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.<br />
Visa Bulletin Predictions – Family-Based<br />
Mr. Oppenheim was also able to provide some predictions and expectations for movement of the family-based visa numbers over the next few months. Unlike the employment-based visa numbers, which are expected to advance very slowly over the next few months, the family-based visa numbers, especially in the 2A category are expected to continue to advance consistently and relatively quickly.<br />
FB 2A. According to Mr. Oppenheim, this family-based category has shown a very low demand over the past months; accordingly, Mr. Oppenheim expects that the 2A category (spouses and children of permanent residents) will continue to move forward aggressively and by the February 2011 visa bulletin, this category may be current or close to being current.<br />
FB 2B. Similarly, movement in the 2B category has been faster than anticipated due to low demand; accordingly faster forward movement in this category is also expected.<br />
Conclusion<br />
Mr. Oppenheim’s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months. Although our employment-based clients may be disappointed by the slow forward movement which is expected, our family-based clients should consider preparing and filing family-based applications, especially in the FB2A and FB2B categories which are expected to note significant forward movement in the near future.<br />
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source: http://www.cilawgroup.com/news/2010/09/23/visa-bulletin-predictions-and-updates-from-charles-oppenheim/Brain Freezehttp://www.blogger.com/profile/18411516015948094731noreply@blogger.com7tag:blogger.com,1999:blog-5432436326879969848.post-1446045669377911252010-09-02T23:33:00.000-07:002010-11-09T20:42:36.336-08:00Prospects for Immigration Reform Getting BrighterProspects for Immigration Reform Getting Brighter<br />
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By REUBEN S. SEGURITAN<br />
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President Barack Obama breathed new life into the much needed comprehensive immigration reforms last week by reiterating his intention to tackle the issue as a priority this year.<br />
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After several failed attempts to pass legislations to reform the outdated immigration policies and fix the flawed immigration bureaucracy, this renewed commitment by President Obama stands a bigger chance of coming into fruition with the united support of several influential interest groups, particularly the labor unions.<br />
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This week, the two most powerful labor federations, the AFL-CIO and the Change to Win, agreed for the first time to join forces in pushing for the legalization of undocumented aliens and their families. Other advocacy groups have also come out openly for reforms.<br />
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The U.S. Chamber of Commerce has expressed continued support for a guest worker program. A coalition of advocacy groups has committed $18 million to campaign around the country and rallies are expected in several cities in the coming weeks.<br />
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There is ample support for comprehensive reform in the current Congress. Senate Majority Leader Harry Reid and House Speaker Nancy Pelosi have long championed immigration reforms.<br />
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Representative Luis Gutierrez of Illinois has been touring the country since December to generate enthusiasm on the issue. Of course, as in the past, there are opponents of immigration reforms, particularly in the face of major unemployment and recession in the U.S.<br />
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However, studies and data released by economic and labor experts as provided by the Immigration Policy Center showed that contrary to the fear of its probable dire effects, legalizing undocumented workers already in the U.S. would actually redound to the benefit of all American workers and help revitalize the U.S. economy.<br />
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First of all, legalization of undocumented immigrant workers will increase wages of all U.S. workers by “bringing people out of the shadows” and preventing employers from exploiting the illegal workers by paying them lower than prevailing wages, thus, depressing the wage rate for all U.S. workers. It would allow workers to be treated fairly and provide a level playing field for all U.S. workers to compete for jobs in the labor market.<br />
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Also, integrating undocumented immigrants into the U.S. legal system will motivate them to invest in themselves and in their communities, and this will bring in more revenues into the economy.<br />
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The Obama proposal will remove incentives to enter the country illegally by cracking down on employers who hire undocumented immigrants. It will keep families together, meet the demand for jobs that employers cannot fill, and will enforce border security.<br />
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Mr. Obama’s thrust is to frame a “policy reform that controls immigration and make it an orderly system” according to Cecilia Munoz, a deputy assistant to the president and director of intergovernmental affairs in the White House.<br />
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The studies showed that the new policy reform would actually reduce the high bureaucratic cost of “enforcement-only” approach to immigration and would pay for itself by increasing the wages, the buying power and the tax contributions of all working people.<br />
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Addressing this difficult issue will not mean that other priority issues will take a backseat such as healthcare, education, security and the economy. It is part of a comprehensive approach to “support the country’s economic recovery and allow honest, hardworking people to become lawful, contributing members of our society”, according to Angela Kelley, Director of the Immigration Policy Center in Washington D.C.<br />
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Source:http://immigrationnewsarticles.com/?p=14Brain Freezehttp://www.blogger.com/profile/18411516015948094731noreply@blogger.com0tag:blogger.com,1999:blog-5432436326879969848.post-18641138804770685462010-08-22T06:16:00.000-07:002010-11-09T20:41:33.957-08:00What happens if a petition is filed by a Legal Permanent Resident (F2A or F2B) and the petitioner becomes a U.S. citizen before the applicant is called for an interview?When the petitioner naturalizes, the F2A petition (spouse or minor child of a permanent resident) is automatically converted to an IR1 (spouse of an American) or IR2 (child of an American) petition. These visa categories are not subject to the visa quota system and will therefore always have visas available for the beneficiaries’ use if they qualify for visa issuance. <br />
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However, because there are no derivative beneficiaries allowed with IR petitions, children who are derivative applicants on a parent’s F2A application must each have a separate IR2 petition filed for them if the petitioner becomes a U.S. citizen. F2A petitioners who naturalize should make sure to file new IR2 petitions for their children (if they did not originally file separate petitions for them). <br />
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For F2B applicants (unmarried son/daughter of a permanent resident), their F2B petitions are automatically converted to the F1 category retaining the original priority date when their petitioners naturalize. Because of unique circumstances, the waiting period for the F1 category is longer than the F2B category in the Philippines. However, under Section 6 of the Child Status Protection Act (CSPA), the applicant (not the petitioner) can request exemption from the automatic conversion of the visa category from F2B to F1 by submitting to the Department of Homeland Security/U.S. Citizenship and Immigration Services (DHS/USCIS) a written statement that he/she elects to have such conversion revoked. The applicant may send the written request for retention of his/her F2B category to the DHS/USCIS office in Manila by fax at 301-2208 (Attn: Field Office Director) or by mail: DHS/USCIS, U.S. Embassy, 1201 Roxas Blvd., Ermita, Metro Manila 0930.<br />
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Source: http://manila.usembassy.gov/wwwh3201.htmlBrain Freezehttp://www.blogger.com/profile/18411516015948094731noreply@blogger.com1tag:blogger.com,1999:blog-5432436326879969848.post-910513764238816252010-08-19T15:19:00.000-07:002010-11-09T20:39:51.356-08:00F1 to F2B statusR&A COMPELS USCIS TO PROCESS F-1 TO F2B CONVERSION CASES<br />
Post Date: 05/28/2005 <br />
By: Attorneys Robert L. Reeves and Robert J. Dupont<br />
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Reeves and Associates compels the USCIS to finally implement the law requiring conversion of the F-1 visa category to the F-2B category in the US District Court lawsuit of Maniago et al v. Neufeld et. al, Case No. CV 04-7981, Judge R. Gary Klausner. Now, Filipino visa beneficiaries may immigrate faster. <br />
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The Immigration Nationality Act [INA] § 204(k) requires automatic conversion from F2B to F1 status when a parent-petitioner becomes a U.S. citizen. With the enactment of the Child Status Protection Act (CSPA), Congress specifically recognized a visa classification problem that was unique to Philippine immigrants. Unmarried sons and daughters of legal permanent residents (“F2B category”) have a shorter waiting period for their visa number to become current than unmarried sons and daughters of United States Citizens (“F1 category”). The F2B category is current for petitions filed in November 1995, whereas the F1 category is only current for petitions filed in January 1991. While it may appear that there is only a four year additional wait, it is actually 8 to 10 years because there are less visas available in this category. Now, naturalized petitioners may request a re-classification for their children beneficiaries to the F2B category so that they may immigrate earlier. <br />
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The law provides that an already naturalized petitioner may file a formal request to “re-classify” their children’s status to the F2B category. If that date is current, the Embassy must schedule an interview for issuance of the immigrant visa. Reeves & Associates found that Embassy officials regularly ignored requests of applicants to re-classify their immigrant visa category and interview the alien for their immigrant visa.<br />
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In September 2004, Reeves and Associates filed a lawsuit in the U.S. District Court and obtained relief for 16 clients who were waiting for visa processing in Embassies located in Manila, London, and Bahrain. In this litigation Attorney Robert Dupont of Reeves and Associates demanded that the Department of State, Embassy officials, and USCIS employees comply with the re-classification provisions as provided by CSPA. <br />
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At first, the State Department refused, claiming that petitions filed by the lawful permanent resident parents for their children under the age of 21 were not covered by the re-classification statute. The government argued that persons originally designated F2A (unmarried children under 21) did not benefit from the re-classification statute and that they would remain classified as F1. Reeves & Associates successfully argued that immigrants in the F2A visa category should be automatically re-classified as F2b upon reaching age 21. <br />
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R&A prevailed with all 16 plaintiffs and the USCIS has agreed to complete the re-classification of their cases. Petitioners from the Philippines who have naturalized must pay attention to the status of their petitions they have filed for their sons or daughters. If the son or daughter is still unmarried and their petition is current in the F2B category, they must make a formal request to be re-classified from F1 to F2B status. Petitioners must also follow up on their request and any effort to deny processing based on the fact that their original petition was F2A must be challenged. <br />
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If you require legal assistance with this complex issue, we recommend that you consult with an experienced attorney who has been successful in forcing government officials to grant the proper classification and expedite the issuance of the immigrant visa.<br />
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Source: http://www.rreeves.com/articles/immigration_en_10354.phpBrain Freezehttp://www.blogger.com/profile/18411516015948094731noreply@blogger.com0tag:blogger.com,1999:blog-5432436326879969848.post-14469574542677137702010-08-19T04:55:00.000-07:002010-08-19T04:55:08.723-07:00CSPA fact sheetFact Sheet May 6, 2008<br />
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USCIS ISSUES REVISED GUIDANCE ON THE APPLICABILITY OF THE CHILD STATUS PROTECTION ACT (CSPA)<br />
The Child Status Protection Act (CSPA) amended the Immigration Nationality Act by changing how an alien is determined to be a child for purposes of immigrant classification. The Act permits an applicant for certain benefits to retain classification as a “child,” even if he or she has reached the age of 21.<br />
Since its enactment on Aug. 6, 2002, USCIS provided several field guidance memoranda regarding the adjudication of immigration benefits in accordance with the CSPA. Today, USCIS has revised its guidance that modifies a prior interpretation of certain provisions of the CSPA.<br />
Questions & Answers<br />
Q: What is the Child Status Protection Act (CSPA)? A: CSPA changes who can be considered to be a "child" for the purpose of the issuance of visas by the Department of State and for purposes of adjustment of status of aliens by USCIS. The Act provides that if you are a U.S. citizen and you file a Petition for Alien Relative (Form I-130) on behalf of your child before he or she turns 21, your child will continue to be considered a child for immigration purposes even if USCIS does not act on the petition before your child turns 21. Children of lawful permanent residents also benefit if a Form I-130 is filed on behalf of their children (see below). Q: Who benefits under the new CSPA guidance? A: The new guidance allows aliens who had an approved immigrant visa petition prior to the enactment of the CSPA, but had not yet applied for permanent residence (either an application for adjustment of status or an immigrant visa) on the date of enactment to benefit from the CSPA. Under prior guidance, the CSPA did not apply to such applicants. The new guidance includes many aliens who, subsequent to the enactment of the CSPA, never filed an application for permanent residence and aliens who filed an application for permanent residence but such application was denied solely based on the applicant’s age.<br />
Q: Are there other considerations impacting eligibility requirements?<br />
A: Yes.<br />
•The new guidance does not include aliens who, prior to Aug. 6, 2002 (date CSPA was enacted), had a final decision on an application for permanent residence based on the immigrant visa petition upon which the applicant claimed to be a child.<br />
•If an alien filed an application for permanent residence after the enactment of the CSPA, and the application was denied, that denial must be ‘solely based’ on a finding that the applicant was not a child because the CSPA did not apply. An I-485 can be denied for various reasons; if your I-485 denial was based for a reason other than for CSPA, then this revised CSPA guidance does not apply to you.<br />
Finally, if you had an approved immigrant visa petition before August 6, 2002, and did not file an I-485 after the enactment of the CSPA, you could still benefit if (1) you are filing as an immediate relative or (2) your<br />
visa became available on or after Aug. 7, 2001, you did not apply for permanent residence within one year of petition approval and your visa becoming available.<br />
Q: How do I know if I was denied solely based on CSPA? A: The written denial decision you received from USCIS will state the basis for the denial.<br />
Q: Will it matter whether the child reaches the age of 21 before or after the enactment date of the CSPA to benefit from this revised policy? A: No, provided the applicant did not have a final decision prior to Aug. 6, 2002 on an application for permanent residence based on an immigrant visa petition upon which the applicant claimed to be a child.<br />
Q: Please explain the differences of benefit for an immigrant petition filed by a U.S. citizen and a Lawful Permanent Resident.<br />
A: Immigrant Petition as a child filed by a U.S. citizen:<br />
•If the child is under the age of 21 on the date of the filed immigrant petition, he/she will not ‘age out’. He or she will be eligible for permanent residence as an immediate relative, provided that no final decision was reached prior to Aug. 6, 2002 on an application for permanent residence based on the immigrant visa petition upon which the applicant claimed to be a child.<br />
Immigrant Petition as a child filed by a Lawful Permanent Resident:<br />
•If the immigrant petition was approved and the priority date becomes current before the applicant’s ‘CSPA age’ reaches 21, the child will not ‘age out’, provided that no final decision was reached prior to Aug. 6, 2002 on an application for permanent residence based on the immigrant visa petition upon which the applicant claimed to be a child. In order for CSPA coverage to continue, the child must apply for permanent residence within a one-year of the date the priority date became current.<br />
Q: How do I calculate my ‘CSPA age’? A: For preference category and derivative petitions, your ‘CSPA age’ is determined on the date that your visa, or in the case of derivative beneficiaries, the principal alien’s visa, becomes available. Your CSPA age is the result of subtracting the number of days that your immigrant visa petition was pending from your actual age on the date that your visa becomes available. If your ‘CSPA age’ is under 21 after that calculation, you will remain a child for purposes of the permanent residence application.<br />
Q: If my child is a derivative of a petition filed on my behalf, can my child benefit under CSPA? A: Yes, so long as the child also meets CSPA eligibility requirements previously discussed and applies for permanent residence within one year of the priority date being current.<br />
Q: If I was previously denied because of ‘aging out’, can I file a motion to reopen or have my I-485 reconsidered? If so, is there a filing fee incurred?<br />
A: Under the new policy, USCIS will accept, without a filing fee, a motion to reopen or reconsider a denied I-485 application if the following criteria are met:<br />
•A visa petition was approved prior to Aug. 6, 2002 and the I-485 was filed after Aug. 6, 2002;<br />
•The applicant would have been considered under the age of 21 under applicable CSPA rules;<br />
•The applicant applied for permanent residence within one year of visa availability; and<br />
•The applicant received a denial solely because he or she aged out.<br />
Q: Is there a deadline for filing a motion to reconsider my I-485 if the original was denied solely for ‘aging out’? Where should I file the motion? A: No deadline. Applicants should apply at their local USCIS field office.<br />
Page 2<br />
Q: I did not have an application for permanent residence pending on Aug. 6, 2002 and did not subsequently apply for permanent residence? Am I still eligible for CSPA coverage? A: Yes, provided the applicant meets the following criteria:<br />
•The applicant is applying for permanent residence as an immediate relative; or<br />
•The applicant’s visa became available on or after Aug. 7, 2001; and<br />
The applicant did not apply for permanent residence within one year of the petition approval and visa availability, but would have qualified for CSPA coverage.<br />
<br />
source: http://www.uscis.gov/files/article/CSPA_factsheet_050608.pdfBrain Freezehttp://www.blogger.com/profile/18411516015948094731noreply@blogger.com0tag:blogger.com,1999:blog-5432436326879969848.post-36965742754356166942010-08-19T04:46:00.000-07:002010-11-09T20:40:23.272-08:00Problem with parents naturalizingCSPA & Naturalization<br />
By Michael J. Gurfinkel, Esq.<br />
<br />
The Child Status Protection Act (CSPA) was a law that allowed certain children who “aged out” (turned 21) to still be processed for green cards as a “minor child”. There are three important sections in CSPA relating to children: Section 2, 3, and 6. While in many situations, a parent’s naturalization may help the child obtain CSPA benefits, there are other situations where the parents should not naturalize.<br />
<br />
Section 2: Section 2 deals with a parent naturalizing before the child turns 21, and has petitioned the child before the child’s 21st birthday:<br />
<br />
- The parent was a U.S. Citizen, and files a petition for his or her child before the child is 21 years of aged.<br />
- The parent is an immigrant, files a petition for his or her minor child in the F-2A category, and then naturalizes before the child is 21 years old.<br />
- The U.S Citizen parent petitions a married minor child (i.e. the child got married when he/she was 19 years of age), and the child terminates his marriage (i.e. through divorce, annulment, etc.) before the child is 21 years of age.<br />
<br />
In each of these situations, the child’s age would be “locked in” as being under 21 years of age, and the child could continue to be processed as an “immediate relative” minor child for years after his 21st birthday, so long as he remains single. There is no mathematical calculation for children covered by Section 2, nor must they seek to acquire a visa within one year. So, it is good for a parent to naturalize before his child is 21 in Section 2 cases.<br />
<br />
Section 3: Section 3 deals with minor children of immigrants (category F-2A) or derivative beneficiaries of their parent’s family or employment based petition. The child’s age is computed based on a mathematical formula, whereby you:<br />
<br />
- Take the date the petition was filed.<br />
- Take the date the petition was approved.<br />
- Calculate how long it took USCIS, from the date of filing to the date of approval (i.e. did it take 1 month? 1 year? 2 years? for USCIS to approve the I-130 or I-140 petition?).<br />
- Determine when the priority date on the case became “current” (or visa became available.)<br />
- Determine how old the child was on the date that the priority date became current (i.e. 21 years 8 months? 23 years old? etc).<br />
- Subtract from the child’s age how long it took USCIS to approved the petition (i.e. if the child was 21 years 8 months old, when the priority date became current, but it took USCIS 9 months to approved the petition, if you subtract 9 months from the child’s age, the child will be under 21).<br />
- Finally, make sure the child pursues or applies for his/her visa within 1 year of when it becomes available.<br />
<br />
If the child’s age under Section 3 is determined to be under 21, based on the foregoing mathematical computation, then the child’s age would be “locked in” as being a minor child, and he would be eligible for benefits under the Child Status Protection Act.<br />
<br />
However, it is very important that if your child locks in his/her age under Section 3, then the parents should not naturalize once the child turns 21. This is because a child cannot lock in his/her age under Section 3, and then have the parent naturalize, since they would not be eligible for benefits under Section 2. (I.e. you cannot lock the child’s age in under Section 3, and then transfer the case to Section 2 upon the parent’s naturalization.)<br />
<br />
I know of some cases where a parent had obtained a green card through labor certification, and their child qualified under the mathematical calculation of Section 3, thus locking in the child’s age at being under 21. After the child turned 21, the parent became eligible for naturalization, and the parent took that oath of citizenship after the child was 21. USCIS took the position that naturalization after the child turned 21 years of age terminated the child’s CSPA benefits. Remember, for Section 2 cases, the parent must naturalize BEFORE the child’s 21st birthday, not AFTER.<br />
<br />
Section 6: In Section 6 cases, an immigrant parent files a petition in either the F-2A or F-2B category (single child of green card holder.) The child is 21 (or later turns 21), and his age cannot be calculated as being under 21 per the Section 3 computations. So, the child has “aged out,” cannot benefit from Section 3, and is stuck in the F-2B category. In years past, the F-2B category was always FASTER than F-1 (single child of US citizen), such that if the parent filed the petition as F-2B and then naturalized, it added several more years to the child’s waiting time for a green card. So, Filipino parents had to hold off from naturalizing. Section 6 enables Filipino parents to naturalize, but the child may elect to remain in the faster F-2B category, rather than having the F-2B petition converted to F-1. But this applies only if the petition was initially filed while the parent was an immigrant. Section 6 wont apply if the parent was already a citizen at the time the petition was filed.<br />
<br />
As you can see, CSPA, as well as other U.S. immigration laws, can be very complex, confusing, and detailed. That is why it is so important that you seek the advice of a reputable attorney, who can evaluate each and every step you take in connection with pursuing immigration benefits for yourself and for your family. One misstep or wrong calculation on your part (due to your lack of knowledge of the intricacies of the laws) can have devastating consequences on your child. <br />
<br />
source: http://www.gurfinkel.com/imm_updates29.htmBrain Freezehttp://www.blogger.com/profile/18411516015948094731noreply@blogger.com0tag:blogger.com,1999:blog-5432436326879969848.post-36249113593167063292010-08-19T04:36:00.000-07:002010-08-19T04:37:08.511-07:00Unused Family-Based VisasDuring FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2A preference category). In FY 2009, approximately 10,000 family-based visas were unused and, by statute, were reallocated for use by employment-based immigrants in FY 2010.<br />
<br />
Given FY 2009 underutilization of family-based visas, the CIS Ombudsman has worked alongside United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) to monitor family-based visa usage in FY 2010. To enable more family-based visa applicants to become eligible for final processing, the Visa Bulletin cut-off dates have been accelerating significantly. Despite the fact that more family members are becoming eligible, demand for family-based visas remains weak. While efforts are underway to facilitate maximum utilization, a significant number of family-based visas may again go unused in FY 2010.<br />
<br />
<br />
Rapid Visa Bulletin Movement<br />
<br />
To illustrate this rapid movement it is helpful to compare select June 2009 and June 2010 cut-off dates from the DOS Visa Bulletins.<br />
<br />
To be added to the DOS Visa Bulletin e-mail subscription list send an e-mail to listserv@calist.state.gov and include in your message:<br />
Subscribe to Visa-Bulletin, [insert First and Last Name].<br />
<br />
Cut-Off Dates and Processing Differences for Applicants Overseas and Applicants Residing in the U.S.<br />
<br />
Advance Notice is Provided to Overseas Applicants<br />
<br />
In both family-based and employment-based immigrant visa cases involving beneficiaries who reside overseas, DOS sends customers advance notifications when further processing can begin based on the movement of Visa Bulletin cut-off dates. This notice is sent to the address on file with DOS at the time.<br />
<br />
Advance Notice is Not Provided to Applicants Residing in the United States<br />
<br />
Unlike DOS, USCIS does not send advance notification prompting further action by the applicant. Rather, individuals must monitor the Visa Bulletin to determine when they may file Form I-485 (Application to Register Permanent Residence or Adjust Status) for a green card. Generally, Form I-485 may be filed during the month in which the Visa Bulletin is current for the related visa category and country of chargeability. Where a priority date is listed, the applicants priority date must be earlier than the cut-off date listed.<br />
<br />
Pending I-130s and Changes of Address Alert<br />
<br />
USCIS has been utilizing excess capacity and resources to review and adjudicate hundreds of thousands of pending Forms I-130 (Petition for Alien Relative). By December 31, 2010, USCIS expects to adjudicate 750,000 such petitions.<br />
<br />
In some cases, USCIS may generate Requests for Evidence (RFEs) for these petitions. Petitioners who have failed to notify USCIS of mailing address changes risk not receiving such RFEs, which can lead to the unintentional abandonment of their petitions. Such abandonments can lead to serious consequences specifically, the loss of priority dates that may have been established many years earlier.<br />
<br />
The Ombudsman encourages all petitioners to promptly notify USCIS of mailing address changes by completing specific change of address requirements.<br />
<br />
Note: Non-U.S. citizens with a pending application or petition before USCIS must also file a Form AR-11 (Change of Address) before they may change their address online.<br />
<br />
source: http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#3Brain Freezehttp://www.blogger.com/profile/18411516015948094731noreply@blogger.com0tag:blogger.com,1999:blog-5432436326879969848.post-20794233814921652742010-08-19T04:34:00.000-07:002010-11-09T20:40:54.110-08:00Significant Movement in Philippines’ Visa Processing Categories is Cause for OptimismBy: Reeves & Associates<br />
<br />
The Department of State’s July 2010 Visa Bulletin is a significant step forward in allowing families to reunite. This is especially the case for Filipino beneficiaries.<br />
<br />
Under the new visa allocation instructions, Lawful Permanent Residents who petitioned their spouses or unmarried minor children prior to the date of July 1, 2008 can apply to immigrate or adjust status. This is an increase of six months in this category since the June 2010 visa bulletin and a nineteen-month increase since the May 2010 bulletin.<br />
<br />
Further, under the new visa bulletin, Lawful Permanent Residents who petitioned their adult, unmarried sons or daughters prior to March 1, 2000, are now able to apply to have their family members immigrate or adjust status. This new March 1, 2000 threshold is a progression of one full year in processing since the June 2010 visa bulletin, and a jump forward of sixteen months since the May 2010 visa bulletin.<br />
<br />
Processing for the petitions of U.S. citizens on behalf of family members have also surged forward in recent months. Petitions filed by U.S. Citizens on behalf of unmarried adult sons and daughters prior to September 1, 1995 are now eligible for processing—a step forward of 10 months since the May 2010 visa bulletin. Meanwhile, petitions filed by U.S. Citizens on behalf of married adult sons and daughters prior to May 1, 1993 are now eligible for processing—an increase of one year since the processing dates indicated in the visa bulletin just two months ago.<br />
<br />
Movement in the sibling category has been also been significant. In May of 2010, the visa bulletin indicated that U.S. Citizen Filipinos who filed their petitions prior to December 8, 1987 were able to have their brother or sister’s immigration proceed. According to the new July 2010 visa bulletin, such applicants are eligible to proceed if their petition was filed by prior to April 1, 1989.<br />
<br />
Other country categories and employment-based categories have also seen positive movement in recent months. Those waiting in line for their visa numbers to become available for processing should bear in mind that a preference category’s cutoff does not always move in a linear progression (such as one month forward cutoff date for each month). Cutoff visa processing dates depend upon the available supply of visas within a category and demand within that category. As such, visa issuance may retrogress if the respective categories become oversubscribed. Beneficiaries holding priority dates ripe for processing should not hesitate in undergoing the immigration process.<br />
<br />
source: http://www.rreeves.com/articles/immigration_en_10635.phpBrain Freezehttp://www.blogger.com/profile/18411516015948094731noreply@blogger.com0tag:blogger.com,1999:blog-5432436326879969848.post-88542116425333927432010-08-19T04:28:00.000-07:002010-08-19T04:28:14.785-07:00Sample Letter: Recapturing priority date - remaining in F2B category instead of F1Attn: Field Office Director<br />
DHS/USCIS, U.S. Embassy, <br />
1201 Roxas Blvd., Ermita, <br />
Metro Manila 0930<br />
<br />
<br />
Case Number: MNL<br />
Beneficiary's date of Birth:<br />
Petitioner's Full Name:<br />
Priority Date:<br />
Preference Category:F2B<br />
Priority date: <br />
Email Address: <br />
Mailing address: <br />
<br />
Subject: Child Status Protection Act (CSPA)<br />
<br />
Message: May I request exemption from the automatic conversion of my visa category from F2B to F1 and I elect to stay in F2B category.<br />
<br />
<br />
<br />
<br />
Note: do not send documents without request it might delay the processing.<br />
<br />
<br />
After reviewing your request they will send a mail requesting for additional info such as the following in which I'm in the process of collecting.<br />
<br />
Your request for opt-out under Section 6 of the Child Status Protection Act has been reviewed and found deficient. Submit ALL of the following additional evidence and/or explanations noted by a check mark. ALL requested information must be received within 60 days from the date of this notice.<br />
[*] A copy of the National Visa Center notifying the beneficiary of the CSPA opt-out provision. OR answer the following questions below if not in possession of the letter.<br />
Case Number: MNL_________________________________<br />
Beneficiary's date of Birth:___________________________<br />
Petitioner's Full Name:______________________________<br />
Priority Date:___________________________________ ___<br />
Preference Category:_______________________________ [*] A copy of the Form I-130 approval (Form I-797) from a Service Center or District Office.[*] A copy of the petitioner's Naturalization Certificate.[*] Original "Certificate of No Marriage" from the National statistics Office of the Philippines issued within the last six (6) months.<br />
<br />
source: <a href="http://www.familybasedimmigration.com/forum/showpost.php?p=68253&postcount=2">Click Here</a>Brain Freezehttp://www.blogger.com/profile/18411516015948094731noreply@blogger.com0tag:blogger.com,1999:blog-5432436326879969848.post-40116376086697377402010-08-19T01:42:00.000-07:002010-08-19T01:45:28.055-07:00About Family Based VisasOverview - Family Based Immigrant Visas<br />
<br />
Two groups of family based immigrant visa categories, including immediate relatives and family preference categories, are provided under the provisions of United States immigration law, specifically the Immigration and Nationality Act (INA).<br />
<br />
Immediate Relative Immigrant Visas (Unlimited): These visa types are based on a close family relationship with a United States (U.S.) citizen described as an Immediate Relative (IR). The number of immigrants in these categories is not limited each fiscal year. Immediate relative visa types include;<br />
<br />
IR-1: Spouse of a U.S. Citizen Learn More<br />
IR-2: Unmarried Child Under 21 Years of Age of a U.S. Citizen<br />
IR-3: Orphan adopted abroad by a U.S. Citizen Learn More<br />
IR-4: Orphan to be adopted in the U.S. by a U.S. citizen Learn More<br />
IR-5: Parent of a U.S. Citizen who is at least 21 years old<br />
Family Preference Immigrant Visas (Limited): These visa types are for specific, more distant, family relationships with a U.S. citizen and some specified relationships with a Lawful Permanent Resident (LPR). There are fiscal year numerical limitations on family preference immigrants, shown at the end of each category. The family preference categories are;<br />
<br />
Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their minor children, if any. (23,400)<br />
Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder is allocated to unmarried sons and daughters. (114,200)<br />
Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and children. (23,400)<br />
Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age. (65,000)<br />
Note: Grandparents, aunts, uncles, in-laws and cousins cannot sponsor a relative for immigration.<br />
<br />
Numerical Limitations for Limited Family-Based Preference Categories<br />
<br />
Whenever the number of qualified applicants for a category exceeds the available immigrant visas, there will be an immigration wait. In this situation, the available immigrant visas will be issued in the chronological order in which the petitions were filed using their priority date. The filing date of a petition becomes what is called the applicant's priority date. Immigrant visas cannot be issued until an applicant's priority date is reached. In certain categories with many approved petitions compared to available visas, there may be a waiting period of several years, or more, before a priority date is reached. Check the Visa Bulletin for the latest priority dates.<br />
<br />
Returning Resident Immigrant Visas (SB) - A lawful permanent resident (LPR) who has remained outside the U.S. for longer than twelve months, or beyond the validity period of a re-entry permit, will require a new immigrant visa to enter the U.S. and resume permanent residence. A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the U.S. due to circumstances beyond his/her control. For more information about international travel as a LPR, and returning resident immigrant visas, visit our Returning Resident webpage.<br />
<br />
The First Step toward an Immigrant Visa: Filing a Petition<br />
<br />
As the first step, a sponsoring relative must file a Petition for Alien Relative, Form I-130 with the Department of Homeland Security, United States Citizenship and Immigrations Services (USCIS).<br />
<br />
In certain circumstances, a U.S. citizen living abroad can file a petition for an immediate relative category at a U.S. Embassy or Consulate or with USCIS overseas, when the U.S. citizen petitioner has been a resident there continuously for the preceding 6 months and has host country permission to reside there. For further details review the U.S. Embassy or Consulate website where you would apply.<br />
<br />
U.S. Sponsor Minimum Age Requirement<br />
<br />
U.S. citizens must be age 21 or older to file petitions for siblings or parents. There is no minimum age for a sponsor to file petitions for all other categories of family based immigrant visas. However, you must be 18 years of age and have a residence (domicile) in the U.S. before you can sign the Affidavit of Support, Form I-864 or I-864-EZ. This form is required for an immigrant visa for spouses and other relatives of U.S. sponsors.<br />
<br />
Is Residence in the U.S. Required for the U.S. Sponsor?<br />
<br />
Yes. As the U.S. sponsor, you must maintain your principal residence (also called domicile) in the U.S., with the intention to maintain that residence for the foreseeable future. Maintaining a domicile in the U.S. is required for a U.S. sponsor to file the Affidavit of Support, with few exceptions. To learn more review the Affidavit of Support Instructions (I-864EZ, or I-864 Country of Domicile section, Page 5).<br />
<br />
If You Were an LPR and Are Now a U.S. Citizen: Upgrading a Petition<br />
<br />
If you filed a petition for your spouse and/or minor children when you were a lawful permanent resident (LPR), and you are now a U.S. citizen, you must upgrade the petition from family second preference (F2) to immediate relative (IR). You can do this by sending proof of your U.S. citizenship to the National Visa Center (NVC). You should send:<br />
<br />
A copy of the biodata page of your U.S. passport; or<br />
A copy of your certificate of naturalization<br />
Important Notice: If you upgrade a family second preference (F2) petition for your spouse and you did not file separate petitions for your minor children when you were a LPR, you must do so now. A child is not included in an immediate relative (IR) petition. (This is different from the family second preference (F2) petition, which includes minor children in their parent's F2 petition.<br />
<br />
<br />
Children born abroad after you became a U.S. citizen may qualify for U.S. citizenship. They should apply for U.S. passports. The consular officer will determine whether your child is a U.S. citizen and can have a passport. If the consular officer determines your child is not U.S. citizen, the child must apply for an immigrant visa if he/she wants to live in the U.S.<br />
<br />
Next Steps - Fees, Affidavit of Support and Visa Application<br />
<br />
After USCIS approves the petition, it is sent to the National Visa Center (NVC). Once received, the NVC will assign a case number for the petition. When an applicant’s priority date meets the most recent qualifying date, the NVC will send the Choice of Address and Agent, Form DS-3032 to the applicant, if an attorney or agent will be used. NVC will begin pre-processing the applicant’s case by contacting the applicant and petitioner with instructions for submitting the appropriate processing fees. After the appropriate processing fees are paid, the NVC will again contact the applicant and petitioner to request that the necessary immigrant visa documents be submitted to the NVC, including the Affidavit of Support, Immigrant Visa Applicant, civil documents and more. Learn more about National Visa Center visa case processing.<br />
<br />
What Fees Can I Expect?<br />
<br />
Fees are charged for the following services:<br />
<br />
Filing an immigrant Petition for Alien Relative, form I-130<br />
Processing an immigrant visa application, for DS-230. .(see Note below)<br />
Reviewing an I-864, I-864W or I-864EZ Affidavit of Support (for petitions filed in the U.S.).<br />
Medical examination and required vaccinations (costs vary from place to place).<br />
Fingerprinting fees, if applicable.<br />
Other costs may include translation and photocopying charges, fees for getting the documents you need for the immigrant visa application (such as passport, police certificates, birth certificates, etc.) and travel expenses to go to the embassy or consulate for the interview. Costs vary from country to country and case to case.<br />
For current fees for Department of State government services, select Fees.<br />
<br />
Note: Fees must be paid for each intending immigrant regardless of age, and are not refundable. Fees should not be sent to the consular office unless requested specifically.<br />
<br />
Paying Fees to the National Visa Center<br />
<br />
Follow these important steps when paying the Affidavit of Support and immigrant visa processing fees:<br />
<br />
Don't pay the bill until the NVC tells you to do so<br />
Follow the fee payment instructions on NVC's Immigrant Visa Processing webpage.<br />
Don't send payments to the NVC at Portsmouth, New Hampshire.<br />
<br />
Required Documents<br />
<br />
In general, the following documents are required:<br />
<br />
Passport(s) valid for six months beyond the intended date of entry into the U.S.<br />
Affidavit of Support (I-864, I-864 EZ or I-864W, as appropriate) from the petitioner/sponsor<br />
Application for Immigrant Visa and Alien Registration, Form DS-230, both Part I and Part II<br />
Two photographs. See the photograph requirements.<br />
Civil Documents for the applicant (and petitioner in IR-5 and F4 cases).Documents in foreign languages should be translated. See Applicant Documents for more specific information about documentation requirements. The consular officer may ask for more information. Take clear, legible photocopies of civil documents and translations, such as birth and marriage certificates, to the immigrant visa interview. Original documents and translations can then be returned to you.<br />
Completed Medical Examination Forms – These are provided by the panel physician after you have successfully completed your medical examination and vaccinations (see below).<br />
Visa Interview<br />
<br />
Once the NVC determines the file is complete with all the required documents, they schedule the applicant’s interview appointment and send the petition and all documentation to the U.S. Embassy or Consulate where the applicant will be interviewed for a visa. The applicant, petitioner, attorney and third-party agent, if applicable, will receive appointment emails, or letters (if no email address is available), containing the date and time of the applicant's visa interview along with instructions for obtaining a medical examination.<br />
<br />
Applicants should bring their valid passports, as well as any other documentation above not already provided to NVC, to their visa interviews. During the interview process, ink-free, digital fingerprint scans will be taken. Applicants will receive their original civil documents and original translations back at the time of interview.<br />
<br />
Medical Examination and Vaccinations<br />
<br />
Important Notice: In preparing for your interview, you will need to schedule and complete your medical examination and any required vaccinations before your visa interview. Before the issuance of an immigrant visa, every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician. Applicants are provided instructions by NVC regarding their medical examination including information on authorized panel physicians. See Medical Examination for more information, including a list of panel physicians by country, and frequently asked questions.<br />
<br />
Vaccination Requirements<br />
<br />
U.S. immigration law requires immigrant visa applicants to obtain certain vaccinations prior to the issuance of an immigrant visa. See IV Vaccination Requirements for the list of required vaccinations and additional information.<br />
<br />
How Long Does it Take?<br />
<br />
Many approved immigrant petitions take additional time because they are in numerically limited categories. The length of time varies from case to case according to its circumstances, and cannot be predicted for individual cases with any accuracy. Some cases are delayed because the applicants do not follow instructions carefully. Sometimes the petitioner cannot meet Affidavit of Support requirements. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.<br />
<br />
Ineligibilities for a Visa - What if the Applicant is Ineligible for a Visa?<br />
<br />
Certain conditions and activities may make you, the applicant, ineligible for a visa. The consular officer will inform you if you are ineligible for a visa, whether there is a waiver for the ineligibility and what the waiver procedure is. See Classes of Aliens Ineligible to Receive Visas for more information.<br />
<br />
Misrepresentation of Material Facts or Fraud<br />
<br />
Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the U.S.<br />
<br />
When You Have Your Immigrant Visa- What Should You Know?<br />
<br />
If you are issued an immigrant visa, the consular officer will give you your passport containing the immigrant visa and a sealed packet containing the documents which you provided. It is important that you do not open the sealed packet. Only the DHS immigration official should open this packet when you enter the U.S. You are required to enter the U.S. before the expiration date printed on your visa. When traveling, the primary (or principal) applicant must enter the U.S. before or at the same time as family members holding visas.<br />
<br />
Entering the U.S. - Port of Entry<br />
<br />
A visa allows a foreign citizen to travel to the U.S. port-of entry and request permission to enter the U.S. Applicants should be aware that a visa does not guarantee entry into the U.S. The DHS, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the U.S. Travelers should review important information about admissions and entry requirements on the CBP website under Travel.<br />
<br />
How to Apply for a Social Security Number Card<br />
<br />
The U.S. sponsor can help learn how to apply for a social security number card. To learn more about this process, visit the website for the Social Security Administration.<br />
<br />
Source:http://travel.state.gov/visa/immigrants/types/types_1306.htmlBrain Freezehttp://www.blogger.com/profile/18411516015948094731noreply@blogger.com3