VARIOUS IMMIGRATION ITEMS

Thứ Tư, 13 Tháng Mười Một 201300:00(Xem: 21434)
VARIOUS IMMIGRATION ITEMS
CUT-OFF DATE PREDICTIONS: When a US citizen sponsors a spouse, parent or minor child, there is no quota for visas in these categories. All other categories do have a quota and a waiting time. For example, this month’s cut-off date for adult, unmarried children of a US citizen is 22 October 2006. So, applicants in that F-1 category can only be processed for a visa if the sponsor filed the petition with CIS before 22 October 2006.

Recently, an official at the Visa Office at the Department of State spoke about predicting the Visa Bulletin Cutoff Dates. He said that some of the data points that go into determining the cutoff dates are available, such as the number of petitions filed and the number of visas needed by each US Consulate and by CIS. But there are many variables and data which is impossible to get, so no one can make a reliable, definite prediction.

The best that the Visa Office can do is to make some estimates. Here are their estimates for Family Based petitions during the next few months:

 F-1 Unmarried adult children of US citizens: This category is expected to advance by 3-5 weeks per month.
 F-2A Spouse and minor children of Permanent Resident sponsors: This category is expected to be held at its current level for the foreseeable future.
 F-2B Adult unmarried children of Green Card sponsors: Expected to advance by 3-5 weeks per month.
 F-3. Married children of US citizens: Expected to advance by 3-5 weeks per month.
 F-4. Siblings of US citizens: Expected to advance by 2-3 weeks per month.

For HR 15: At the moment, there is a Comprehensive Immigration Reform bill in the House of Representatives. The question is, whether or not it will receive enough support from the Republican congressmen to be made into law before the Congressional recess at the end of December.

 HR 15 creates a Registered Provisional Immigrant program for illegal immigrants that allows them to apply for citizenship in 13 years, after paying taxes and penalties, passing criminal and security background checks, and maintaining employment. A shorter path to citizenship is provided for DREAMers, the illegal alien young people brought to the U.S. as children.

HR 15 also provides sufficient visas to erase the current backlog of family based visa applicants in the next 7 years, ensuring that illegal aliens do not obtain Green Cards before others in line.

HR 15 increases the number of immigrant visas, increases visas for highly skilled workers in technical fields, eliminates or changes some family-based immigration programs, and creates a new merit-based system that is based on points accrued through education, employment, and family ties.

Also, a “W” nonimmigrant visa for less-skilled workers is created that is easier for employers to use. HR 15 also provides a new non-immigrant investor visa and an immigrant investor visa to encourage foreign investment.

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Q.1. The Visa Office says that the category of F-2A Spouse and minor children of Permanent Resident sponsors is expected to be held at its current level for the foreseeable future. What does this mean?
A.1. This is very encouraging. It means that any F-2A petitions filed before September 2013 are now eligible for visa processing, and this eligibility is expected to continue for some time.

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Q.2. If a case is urgent for some reason, can a sponsor ask the Consulate to expedite the visa interview and issue the visa before the cut-off date?
A.2. A visa interview can be arranged before the cut-off date, but a visa cannot be issued before the cut-off date. That is the law. However, if there is an urgent need for medical treatment in the US, it may be possible for an applicant to be admitted to the US on humanitarian grounds, before the visa becomes current.

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Q.3. It seems unfair that illegal immigrants will get Green Cards while so many applicants outside the US are waiting patiently and legally to get their visas to the US.
A. 3. The House bill HR 15 provides sufficient visas to erase the current backlog of family based visa applicants in the next 7 years. That means that illegal aliens will not obtain Green Cards before others who are applying legally.

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