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Filed: F-2A Visa Country: Jamaica
Timeline
Posted (edited)

If you're not pragmatic about how you approach this then you won't achieve what you want.

There are a number of problems with this petition. Let's go over them, point by point.

You've stated your problem - US immigration law, as it currently stands, keeps families separated for a long time. This is a fact that nobody is going to dispute.

Next, you've incorrectly identified the cause - you've stated that LPR's are waiting years for their I-130 petitions to be approved. Anybody reading this petition would get the impression that you're complaining about bureaucratic delays with USCIS. They are, in fact, waiting for their priority dates to become current. That system exists because of the statutorily mandated numerical limits. The real cause, which you didn't identify until the end, is the numerical limits.

Next, you make a blanket statement that the beneficiaries cannot enter the US to visit, implying that this is flat out disallowed, which isn't true. You also imply that it's borderline impossible for the LPR to leave the US to visit their family in their home country without losing their status, which is also not true. The truth is that it is very difficult to obtain a visa to visit the US in some countries, and that an LPR must limit the duration and frequency of their trips abroad. To imply that it's virtually impossible for LPR's to visit their families is dishonest.

You're Right My brother's case that was filed by my LPR mother is pending.. before we applied for her... she had a pending case F3 filed by my grandmother/her mother that would allow her , husband and young brother to come at the same time. My US Citizen brother filed for our parents and i did let them know my brother who is now 15 will NOT be able to come with them,.,.. they understood and we proceeded with the case. My Mom/brother lives over seas.. They BOTH have traveled to the USA several times since.. so travelling is allowed.

Your next statement is that "Immigration law is splitting families apart!". This logical fallacy is called an "Appeal to Emotion". It's designed to evoke an emotional reaction in the reader so that they won't question the veracity of the statement. The reality is much more complex, but this statement doesn't address the fact that the separation is entirely voluntary, and that the LPR understood (or should have understood) the conditions of accepting LPR status, and what the rules were regarding the immigration of their family members.

Your final statement is a request for readers to sign the petition to remove the numerical limits for spouses and children of permanent residents. At this point, anyone who doesn't know anything about immigration law is going to be asking themselves what the heck are numerical limits, and why would removing them help keep LPR's and their families from being separated. Anyone who knows a little about immigration law is going to have a number of questions for you. First, why should numerical limits be removed for family members of LPR's and not for the three family preference visa categories for family members of US citizens? Second, how do you propose to address the original reasons that the numerical limits exist? This second reason is why I object to your proposal, and why I won't sign your petition.

The law, as it's currently written, was designed to solve a problem - the uncontrolled mass migration of foreigners into the US. The first limits on immigration were imposed as an emergency act in 1921 to stem the flow of migrants from Europe into the US. It became permanent in 1926. Some form of limits have been in place ever since. You're proposing that those limits be removed for a broad category of immigrants. How would this affect the immigration rate in the short term? How would it affect the immigration rate in the long term? How would this compare with immediate relatives of US citizens, who aren't currently subject to numerical limits? Are immigrants more likely to have foreign spouses and children than US citizens? Are the children of immigrants more like to marry foreign spouses than US citizens? Exactly how much would this accelerate immigration into the US through LPR petitioners?

In short, would the problems that caused congress to pass the emergency act in 1921 return? If so, how would you address this?

I think you should do some research and find the answers to these questions, and then write a petition that includes solutions to the potential problems that it might create. If you can present a petition that solves your problem of long term separation without opening the flood gates to uncontrolled mass migration then I'll sign it.

good.gifgood.gif I agree with all that which was mentioned above... and yes i have a pending F2A case...

Edited by RICARDO4EVA2

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

 
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