New Anouncement from USCIS Acting Director

[payxibka 10,045]

I saw a good article on this the other day but I can't find it again...

This is an interesting PDF : http://www.numbersusa.com/PDFs/Immigration...art%2001-07.pdf

They dont seem to devide Married adults(K3/Cr-1) from K1 Filers

I would say they do not divide between K-1/K-3 and they do not divide CR(IR)-1 into a category by itself

[payxibka 10,045]

http://www.usvisahelp.com/index.php?view=a...nt&Itemid=5

According to this link, there is a cap on visas for spouses of LPRs, just not USCs.

I think you misread....

(2) Second Preference (114,200 admissions per year)- Spouses and unmarried sons and daughters of lawful permanent resident (LPR) aliens (green cardholders). This category is further broken down as follows: a. 2A- Spouses and minor children of LPRs

There is no cap for USC's

Immediate Relatives parents, spouses, minor children of U.S. citizens unlimited;

Edited June 23, 2008 by fwaguy

[MsZ 6]

http://www.usvisahelp.com/index.php?view=a...nt&Itemid=5

I've stated at least twice that there is no cap for USCs. I'm not sure what you think I'm saying.

[payxibka 10,045]

http://www.usvisahelp.com/index.php?view=a...nt&Itemid=5

I've stated at least twice that there is no cap for USCs. I'm not sure what you think I'm saying.

dyslexia... just not versus not just

[MsZ 6]

Reading this part : "Others have asked why petitions for their relatives take so long to process. Usually, it’s because an immigrant visa simply isn’t available. More than 1 million petitions to sponsor a relative are still awaiting visas. USCIS must manage our work based on the number of visas allowed by law. To change that, Congress would have to amend the law. No USCIS employee wants to keep a family apart or withhold proof of eligibility to work, but we must work within the requirements set by law."

Actually, what USCIS does is they wait until close to when a visa would be available for someone before they adjudicate a petition that falls under the cap. There's nothing that prevents them from adjudicating and sending the paper on to NVC where it waits for a Visa number. This is their policy, not something handed down by Congress.

While I can see the argument that processing petitions that have a chance of making it all the way through the system first is a better use of their time, I don't think it is really fair to those who petitioned before someone else. If you can adjudicate and move the petition down the line, do it. Get it out of the way. I really don't like them making judgement calls like that. FIFO should mean FIFO. I don't care if a visa isn't available yet. Since they don't hand out visas in the first place, what's it to them?

[kman 0]

spouses of US citizen are considered immediate relative and not subject to yearly quota.

[payxibka 10,045]

While I can see the argument that processing petitions that have a chance of making it all the way through the system first is a better use of their time, I don't think it is really fair to those who petitioned before someone else. If you can adjudicate and move the petition down the line, do it. Get it out of the way. I really don't like them making judgement calls like that. FIFO should mean FIFO. I don't care if a visa isn't available yet. Since they don't hand out visas in the first place, what's it to them?

6 of one half dozen of the other... Stalled at USCIS or stalled at NVC....

[MsZ 6]

But stalled at USCIS often means stalled forever. That was one of the complaints of the Ombudsman. The older a case gets, the less likely it will ever get adjudicated.

[Monica&Isha 0]

It's really contradictory because I read on their website that for immediate relatives of US citizens (such as spouses or children) there is no need to wait for an available visa. Now there is this limited number of visas allowed by law... Maybe they just want us to freak out!

Thanks for the link. It sounds like he knows there is a problem. Was this cap on family based petitions common knowledge? It's news to me. Can someone elaborate on that?

According to the article:

Others have asked why petitions for their relatives take so long to process. Usually, it’s because an immigrant visa simply isn’t available. More than 1 million petitions to sponsor a relative are still awaiting visas. USCIS must manage our work based on the number of visas allowed by law. To change that, Congress would have to amend the law. No USCIS employee wants to keep a family apart or withhold proof of eligibility to work, but we must work within the requirements set by law.

So if someone is going through the CR1 route, which is an immigrant visa, that means you may encounter another issue of availability in addition to slow processing. Since K-3 is non-immigrant, I hope we are not impacted by this. From my view, I don't care what kind of visa as long as I can be with my wife!!

[MsZ 6]

There is no quota for spouses and minor children of USCs.

Maybe USCIS doesn't understand that their own rules are so confusing that when they speak, they think that everyone understands the nuances. They need to remember to be clear or maybe more people will get expedites due to USCIS error.

[gogo 6]

so where did my comment go on the USCIS website? guess they even filter out there too.. they just want all the "nice" comments..

Edited June 24, 2008 by gogo

[sara..... 371]

so where did my comment go on the USCIS website? guess they even filter out there too.. they just want all the "nice" comments..

they gotta keep up their public image or how else they gonna get more money from people trying to go thru the immigration process........they put me in mind of used car dealers........the car might run on the lot but get it home and a few weeks later it breaks down but nobody wants to be accountable even if u bought the extended warranty........the system is broken......with a lot of fancy excuses as to what they are doing to protect our boarders........and using that excuse when they have nothing else they can blame the slow process on or in some cases no movement in the process at all just the over all general excuse its in security cuz they know nobody can touch it or give u any information once it hits that special little place reserved for those unlucky few of us that have no options other than to sit and wait out their inferior dark age system.......... ok i feel better now that i have vented some

[gogo 6]

haha, thanks but still doesn't explain why allow some comments and delete others

[sara..... 371]

haha, thanks but still doesn't explain why allow some comments and delete others

because they dont want anything on there that makes them look as bad as they are.......u know kind of like sweeping the dirty under the carpet? we all know is there but nobody can see it

Edited June 24, 2008 by estadia

[*JG* 2]

I saw a good article on this the other day but I can't find it again...

This is an interesting PDF : http://www.numbersusa.com/PDFs/Immigration...art%2001-07.pdf

Thanks for that. It was interesting.