Financial Hardship

[Grummy 1]

I would very much appreciate it if suggestions could be made on the situation currently being faced.

My son is still in South Africa and has been waiting since March 2009 for his USA immigration paperwork to show some life. Due to various social circumstances and a 60% unemployment rate, he is currently earning insufficiently from sideline jobs to support himself and it doesn't appear that his job prospects are likely to improve. At the end of the month he has to leave his place of residence and now that situation too looks very grim. I have been sending money to support him, but am unable to send more than I already am, leaving him with a shortfall each month.

At the time he lost his job, I did contact our local immigration offices via e-mail to enquire whether or not any consideration could be given to a financial hardship case. After a long wait, I basically recieved the usual standard letter saying that no visa numbers were available.

All going well, it is expected that (hopefully) SOMEthing is going to happen for him re his immigration either 2015 or early 2016. My son has now been offered a contract to work in China for a year. It would mean peace of mind for us all on a financial front, BUT it also leaves me wondering what happens if his immigration comes through?

I'd like comments please on:

1. Is financial hardship recognised as any type of 'need'?

2. Is accepting a job in China advisable?

Thank-you ... I appreciate any thoughts on this situation.

Edited February 5, 2015 by Grummy

[kzielu 1,153]

Not sure what you're asking - if he is waiting for his priority date to be current, any kind of hardship won't help with that at all.

Job in China doesn't impact his immigration at all, unless he decides he doesn't want to move.

[NigeriaorBust 4,087]

Your son is an adult and as such waits in line until it is his turn. There is no expediate for any reason. He still has a long time to wait. If he can put himself in a better position in the mean time he would be foolish not to. He can interview anywhere in the world he is a resident.

[aaron2020 11,651]

No one gets a visa before the Priority Date. We have family living in poor countries. We have family in war zones. Everybody has to wait. There is no expedite for financial hardship.

No problem taking a job in China.

[Grummy 1]

Not sure what you're asking - if he is waiting for his priority date to be current, any kind of hardship won't help with that at all.

Job in China doesn't impact his immigration at all, unless he decides he doesn't want to move.

Thank you for your response. I greatly appreciate your assistance. I do understand that everyone has to wait their turn and have no gripes with that. At one time I read about a financial hardship case being recommended, but didn't pay it too much attention. Now that my son's situation altered radically, it came back to mind, hence the inquiry.

The actual question regarding possible employment in China is: If he signs a contract to work in China it will be for a year. If his USA paperwork comes through during his contract period, will he lose the opportunity to immigrate to USA?

[Grummy 1]

Your son is an adult and as such waits in line until it is his turn. There is no expediate for any reason. He still has a long time to wait. If he can put himself in a better position in the mean time he would be foolish not to. He can interview anywhere in the world he is a resident.

Thanks for assisting in clearing up the 'financial hardship' aspect. Do you know how much longer he has to wait?

The way I read and understand your reply, if he's in China, he can be interviewed at a USA embassy when his turn comes around, making it possible to come to USA from China when his contract expires? Contract in question is a year.

[kzielu 1,153]

The actual question regarding possible employment in China is: If he signs a contract to work in China it will be for a year. If his USA paperwork comes through during his contract period, will he lose the opportunity to immigrate to USA?

Shouldn't - he can interview in a country where he will be legal resident so China should be no problem and once granted visa he will have ~6 months (depending on a date of medical) to use it. Even if everything is completed before 6 months of when his contract ends, he can enter US, activate GC, go back to finish his contract and then move permanently. Will be fine as long as he doesn't stay too long out of US.

[Grummy 1]

Shouldn't - he can interview in a country where he will be legal resident so China should be no problem and once granted visa he will have ~6 months (depending on a date of medical) to use it. Even if everything is completed before 6 months of when his contract ends, he can enter US, activate GC, go back to finish his contract and then move permanently. Will be fine as long as he doesn't stay too long out of US.

Thank you so much!

[Grummy 1]

Thank you so much!

How much longer will he have to wait? I petitioned for him in March 2009 as a PR. His status was upgraded when I got citizenship in Jan 2013.

[NancyNguyen 1,658]

How much longer will he have to wait? I petitioned for him in March 2009 as a PR. His status was upgraded when I got citizenship in Jan 2013.

When you obtained citizenship, you should have call NVC to let they know you wanted to keep visa category because F1 cat is slower than F2B like 8 months. They are processing Jul 2007 so it would take another 2 years for his visa number. Good luck.

Edited February 5, 2015 by NancyNguyen

[Boiler 46,238]

Or so, it is not a linear process.

[Grummy 1]

When you obtained citizenship, you should have call NVC to let they know you wanted to keep visa category because F1 cat is slower than F2B like 8 months. They are processing Jul 2007 so it would take another 2 years for his visa number. Good luck.

Are you serious!? I got citizenship as soon as possible, as was led to believe the F1 category would speed his things up by a year. When did this change?

[NancyNguyen 1,658]

Are you serious!? I got citizenship as soon as possible, as was led to believe the F1 category would speed his things up by a year. When did this change?

Yeah I know it is stupid but it rolls like that currently.

[NancyNguyen 1,658]

It is called F2B retention, and it is especially helpful for Philippines. You can check a similar question here: http://blogs.usembassy.gov/philippines/f2b-retention-iv/

You can try now to see if they are willing to reclassified your petition back to F2B so it can speed your waiting up a little bit.

[Grummy 1]

Yeah I know it is stupid but it rolls like that currently.

So I must contact NCV and ask them to change his visa category again and just keep doing that whenever there is a change? Things happen so slowly that I keep losing touch with the ins and outs involved with immigration.