ALL F4s

[hsinh 1]

The old sponsor does not want to help me when i have an IL on 27 June 2013. She does not want to support I864 and other documents .... my case was completed in Feb 2011. Now the petitioner asks his son's wife to help me. She agrees do help me.So do I have to bring the new I-864 to the consulate on the interview day ? Does the consulate officer make it hard and not accept. Should I ask my lawyer to make a paper to cancel the old sponsor and present the new sponsor ?

[iJustMadeThis 2]

People have been talking about CIR for months and everybody seems to want it to be passed.

What I'm concerning about is, how would CIR help expediting the priority date and remove the backlog?

IV issurance and visa number control is a very,very simple mathematical issue - namely: supply and demand. if there's more visa numbers and lower demand, PD will move quickly, otherwise, PD will not move, held constant or retrogress.

Now, there's no way to reduce the demand because you simply cannot kick out anybody who is already waiting in line.

Therefore, the only way to remove the backlog and expedite the PD is to increase the "supply". From what I've read, CIR will add a limited number of visas (around 30K annually) to the existing 65000 quota. However, please note according to NVC, currently there're approximately 2.5 million people waiting for F4 visa !!!

Apparently, adding 30k visa numbers will not help much, compared to that 2.5 million waiting list. Honestly, I would like to CIR passed, but I doubt it would have any significant benefit to our F4 cutoff dates.

Sec. 2304 (b)©(4) Worldwide recapture of unused family-based immigrant visas from 1992 to 2013: God knows how many visas are actually left unused to be recaptured, but considering the sheer range of time (22 years) I think it's safe to bet that it would be quite a sum. Note that the recapture will be implemented for the first fiscal year after the enactment of S.744; that is, if passed by this September, the influx will occur from this coming October. This will benefit everyone but F2A applicants (who actually will benefit the most from the reform because they will be turned current immediately; but because over 200k backlog of F2A pool will be cleared, rest of the categories will have more visas to take).

So that's like an emergency relief supply for us. For the permanent fix for those who've been waiting for long, that brings us to:

Section 2302 Merit-based Track Two: family- and employment-sponsored petitions that have been waiting for over 5 years since the submission will be placed into this backlog-reduction program. No petitions will be added here so the line is "closed" behind those who's been waiting for 5 years and over. ALL backlogged visas will be cleared within 7-8 years from FY 2015 (from Oct. 2014) and there's no cap because the Act will allocate 1/7 the visas needed to clear the backlog every year for 7 years. So more you've been waiting, earlier you'll get the visa. I personally don't know why it's 7 years (maybe the time needed to secure the border and interior before the RPI would be able to apply for green cards), but I think it's stupid since these backlogged petitions will be dealt with anyway; most, if not all, of these petitions will be approved, so why make it so long already? Beats me.

So at this point, not many visas seem to be there for us afterall. But this amendment might change that:

Section 2305 (b)(4) Amendment on allocation of family visas: instead of giving 65,000 visas for FB4 petitioners, the Act will give 40% of the current level immigration quota. The current maximum is 480,000 with minimum 226,000, so there's range of 90,400-192,000 visas for FB4 petitioners (Merit-based Tracks One & Two takes over the current system from FY 2015, cutting down the immigration quota substantially). This change will take place IMMEDIATELY after the passage of the Act. This is 39% to 295% increase for us, and let's hope that it's the latter (that much faster processing! The current wait is about 12 years+ for ROW FB4, and that might be cut down to 4+ years at best, simply saying).

This is my understanding of the bill that will affect us FB4 petitioners (so don't quote me; correct me if I'm wrong!). Keep in mind that the bill might have substantially changed by the time it clears the Senate and House floor, but let's keep our hopes up. We may not get the attention much from the Congress, but just think that we're not as controversial as some other issues and we'll probably be safe and appropriately treated.

Edited June 10, 2013 by iJustMadeThis

[jolly786 96]

Sec. 2304 (b)©(4) Worldwide recapture of unused family-based immigrant visas from 1992 to 2013: God knows how many visas are actually left unused to be recaptured, but considering the sheer range of time (22 years) I think it's safe to bet that it would be quite a sum. Note that the recapture will be implemented for the first fiscal year after the enactment of S.744; that is, if passed by this September, the influx will occur from this coming October. This will benefit everyone but F2A applicants (who actually will benefit the most from the reform because they will be turned current immediately; but because over 200k backlog of F2A pool will be cleared, rest of the categories will have more visas to take).

So that's like an emergency relief supply for us. For the permanent fix for those who've been waiting for long, that brings us to:

Section 2302 Merit-based Track Two: family- and employment-sponsored petitions that have been waiting for over 5 years since the submission will be placed into this backlog-reduction program. No petitions will be added here so the line is "closed" behind those who's been waiting for 5 years and over. ALL backlogged visas will be cleared within 7-8 years from FY 2015 (from Oct. 2014) and there's no cap because the Act will allocate 1/7 the visas needed to clear the backlog every year for 7 years. So more you've been waiting, earlier you'll get the visa. I personally don't know why it's 7 years (maybe the time needed to secure the border and interior before the RPI would be able to apply for green cards), but I think it's stupid since these backlogged petitions will be dealt with anyway; most, if not all, of these petitions will be approved, so why make it so long already? Beats me.

So at this point, not many visas seem to be there for us afterall. But this amendment might change that:

Section 2305 (b)(4) Amendment on allocation of family visas: instead of giving 65,000 visas for FB4 petitioners, the Act will give 40% of the current level immigration quota. The current maximum is 480,000 with minimum 226,000, so there's range of 90,400-192,000 visas for FB4 petitioners (Merit-based Tracks One & Two takes over the current system from FY 2015, cutting down the immigration quota substantially). This change will take place IMMEDIATELY after the passage of the Act. This is 39% to 295% increase for us, and let's hope that it's the latter (that much faster processing! The current wait is about 12 years+ for ROW FB4, and that might be cut down to 4+ years at best, simply saying).

This is my understanding of the bill that will affect us FB4 petitioners (so don't quote me; correct me if I'm wrong!). Keep in mind that the bill might have substantially changed by the time it clears the Senate and House floor, but let's keep our hopes up. We may not get the attention much from the Congress, but just think that we're not as controversial as some other issues and we'll probably be safe and appropriately treated.

good work..but the main sticking point is trigger date of these changes ......can u again clarify the trigger dates of these sections (2304,2302,2305)......

Merit based track 2 will be trigger in FY2015...what u thk, will they change the trigger date in the upcoming amendments ??????

[rupalf4 0]

i received i/l....

pd 4 may 2001 and interview on 26 july..

[jolly786 96]

i received i/l....

pd 4 may 2001 and interview on 26 july..

congs rupal....

[iJustMadeThis 2]

good work..but the main sticking point is trigger date of these changes ......can u again clarify the trigger dates of these sections (2304,2302,2305)......

Merit based track 2 will be trigger in FY2015...what u thk, will they change the trigger date in the upcoming amendments ??????

Proposed Trigger Dates:

Sec.2304 - on the first day starting the fiscal year after the enactment of S.744. Therefore, if the bill passes before October 1st, 2013, the recapture will occur on October 1st, 2013, when the new fiscal year (FY 2014) begins. If past the date, then October 1st, 2014; as stated in Sec.2304 ©

Sec.2302 - Day beginning the fiscal year 2015 (October 1st, 2014); as stated in Sec.2302 (e)(2)

Sec.2305 - On the very day the bill is signed by the president and is enacted; as stated in Sec.2305 (e)

I am uncertain if the trigger date for the Merit-based Track Two would change in the next months to come. Backlog reduction wasn't really discussed in the Committee (if at all) so it's difficult to see if any senator or congress(wo)man has any say about it at the moment (we'll soon see during the senate/house floor debate). Personally, I hope they keep it as it is so that the Sec.2305 can kick in and bring in the maximum number of visas for the FB petitions. We are already in line, so for those who are still standing, we'd get the visa first either through Sec.2305 or the Merit-based Track Two. The only way it'd be better that the Track Two be implemented this coming fiscal year rather than the next is if the number of petitions that have been waiting for 5 years and over are greater than the number of visas, which is x>1,344,000 (from 192,000 * 7, where 192,000 is the maximum number of visas Sec.2305 could give per year, for 7 years which would allow Track Two to clear the backlog entirely). This way, the number of visas the backlogged petitions would get is greater through Track Two rather than the Sec.2305.

I hope that made sense. It's a real complicated issue and I certainly don't understand it fully either. This is going to take some PhD statisticians to get the USCIS through this bill.

[Hiiiii1972 5]

Section 2302 Merit-based Track Two: family- and employment-sponsored petitions that have been waiting for over 5 years since the submission will be placed into this backlog-reduction program. No petitions will be added here so the line is "closed" behind those who's been waiting for 5 years and over. ALL backlogged visas will be cleared within 7-8 years from FY 2015 (from Oct. 2014) and there's no cap because the Act will allocate 1/7 the visas needed to clear the backlog every year for 7 years. So more you've been waiting, earlier you'll get the visa

Hi all. I m very new to this foroum. Please clerify about the F4 approved petitions which are waiting for less than 5 years. Will they all be eleminated.?

[iJustMadeThis 2]

Section 2302 Merit-based Track Two: family- and employment-sponsored petitions that have been waiting for over 5 years since the submission will be placed into this backlog-reduction program. No petitions will be added here so the line is "closed" behind those who's been waiting for 5 years and over. ALL backlogged visas will be cleared within 7-8 years from FY 2015 (from Oct. 2014) and there's no cap because the Act will allocate 1/7 the visas needed to clear the backlog every year for 7 years. So more you've been waiting, earlier you'll get the visa

Hi all. I m very new to this foroum. Please clerify about the F4 approved petitions which are waiting for less than 5 years. Will they all be eleminated.?

The petitions that have been submitted but have not been waiting for five years and over, plus those that will be submitted during 18 months after the enactment of the bill, will NOT be eliminated. As far as I understand, they will stay in line, but be placed in Merit-based Track One instead.

Track One is not for backlog-reduction plan as Track Two is; it is the merit-based Immigration system the Senate has proposed to replace the current family-based system. Track One will evaluate and award points for the immigrant's English skills, education level, family ties in US, etc. More the points the immigrant has, better chance of obtaining visa sooner.

In essence, Track One is tougher than the Track Two is on the would-be-immigrants; while the latter basically holds their line intact, the former may send them front or back of the line based on the points they receive.

Edited June 11, 2013 by iJustMadeThis

[rupalf4 0]

congs rupal....

[rupalf4 0]

thank you jolly sir...

[jolly786 96]

John Boehner told that CIR will become law at the end of this year..but on the other side president obama wants this CIR law at the end of summer......lets see

http://www.reuters.com/article/2013/06/11/us-usa-immigration-boehner-idUSBRE95A0H320130611

[lengygf 25]

i reviewed the immigration statistics at DHS library. From 1994 to 2012, there are 53,452 unused F4 immigrant visa numbers. If recapture will be done from 1992 to 2012, it is estimated that approximately 57,000 extra F4 visa numbers will be available during the next fiscal year. Using the same 7% per country rule, about extra 47,880 visa numbers will be available for ROW (countries except mexico and Philippines).

From my estimation, this extra 47,880 visa numbers will boost the F4 ROW priority dates about 8-11 months

Edited June 11, 2013 by lengygf

[jolly786 96]

senate passed CIR cloture motion with 82 votes out of 100.........good sign

http://www.immigration-law.com/

[jolly786 96]

i reviewed the immigration statistics at DHS library. From 1994 to 2012, there are 53,452 unused F4 immigrant visa numbers. If recapture will be done from 1992 to 2012, it is estimated that approximately 57,000 extra F4 visa numbers will be available during the next fiscal year. Using the same 7% per country rule, about extra 47,880 visa numbers will be available for ROW (countries except mexico and Philippines).

From my estimation, this extra 47,880 visa numbers will boost the F4 ROW priority dates about 8-11 months

good one...they can recapture unused visas from 1992 to 2013......

[iJustMadeThis 2]

i reviewed the immigration statistics at DHS library. From 1994 to 2012, there are 53,452 unused F4 immigrant visa numbers. If recapture will be done from 1992 to 2012, it is estimated that approximately 57,000 extra F4 visa numbers will be available during the next fiscal year. Using the same 7% per country rule, about extra 47,880 visa numbers will be available for ROW (countries except mexico and Philippines).

From my estimation, this extra 47,880 visa numbers will boost the F4 ROW priority dates about 8-11 months

Do you have link for this? Thanks.