HOW THE VISA SYSTEM WORKS

Thứ Tư, 23 Tháng Mười Một 201100:00(Xem: 48850)
HOW THE VISA SYSTEM WORKS
The Department of State is responsible for deciding how many visas are available each month, in each preference category, and in each country.
 
Visas for Immediate relatives of US citizen sponsors do not have a quota. These include a US citizen’s spouse, minor children and parents. All other family based petitions are in the “Preference Categories” and they do have a quota. At the beginning of each month, the Visa Office receives a report from each consular post, listing totals of qualified immigrant visa applicants in categories that have a quota.
 
The Visa office compares the number of qualified applicants with the number of visas available for the month. The determination of how many visas are available requires consideration of several of variables, including:
 
· past number use;
· estimates of future number use and return rates; and
· estimates of CIS needs, based on cut-off date movements.
 
This process of getting the cut off dates involves estimates and also some guessing. It is not an exact formula. There is no way for the State Department or anyone else to predict exactly what the cut off dates will be in future.
 
For visa applicants, the most important information is the date that their petitions were filed with CIS. That is their “Priority Date”. They must also keep track of the monthly cut-off dates calculated by the State Department to see when their petition becomes “current”. “Current” means a petition is eligible for a visa interview in Vietnam, or Adjustment of Status in the US.
 
Petitions filed with CIS before a cutoff date are “current”. That means they are eligible for a visa interview. For example, this year the F-1 December cutoff date is 01 September 2004. Petitions filed after that date need to wait.
 
CSPA applicants need to be aware of the cut-off dates because as soon as their petition becomes “current”, they have only one year to apply for a visa or adjustment of status.
 
Every year, there are 226,000 immigrant visas or green cards available to applicants in the Preference Categories. Each category and each country has a limited number of visas. The F1 category has a yearly maximum of 1,640 visas per country. F2A gets 6,150 visas, F2B gets 1,840. There are 1,640 visas per year for F3, and 4,555 visas for the F4 category.
 
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Q.1. What does it mean when we say that CSPA applicants have only one year to apply for a visa or green card?
 
A.1. It means that when their petitions become current, they have only one year to submit the DS230 visa application to the Consulate, or if they are in the US, they have only one year to submit the I-485 Adjustment application to CIS. If they are late, then they lose their CSPA eligibility.
 
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Q.2. Can I ask the US Consulate to interview my brother’s family quickly because my nephew will soon be over 20 years of age?
A.2. The Consulate cannot issue a visa before the petition is eligible for a visa, according to the cut-off dates. You should check to see if your nephew will be eligible for a visa based on the Child Status Protection Act (CSPA).
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Q.3. I got a letter from NVC. They put the wrong priority date (filing date) for my son’s petition. Because of the wrong priority date, they said he is not yet eligible for a visa interview. What should I do?
A.3. This is a data entry problem and you should point out the mistake to NVC. Sponsors should check NVC letters carefully to make sure all of the information is accurate, and contact NVC immediately to correct any errors. You can send an email to NVC at NVCInquiry@state.gov.
 
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