F4 Category India - impacted by covid

[crifever 0]

Hello folks, I had a question that I am seeking legal assistance with but wanted to know if there is anyone else here who has gone thru a similar situation.

 

Here is my story. I am a naturalized US Citizen of Indian origin. I have applied for family based immigration for my sister (F4 category for India) in March 2008. The NVC is currently processing thru December 1, 2005 for India. Best case scenario, I am assuming my sister's file would become current in about 2 years and 3 months if everything does back to normal processing post covid. Worst case scenario, this delays even further if the NVC/embassy are unable to process family based immigration cases due to covid related slowdown. 

To make things worst, we lost my brother in law in May of this year after a long battle with covid. He was the sole bread earner for my sisters family and have been financially impacted by his loss. I am thinking of consulting with an immigration attorney to see if there is a way to write to the USCIS and see if they can give any special consideration for my sisters immigration case; to expedite it maybe based on humanitarian grounds?  

Does anyone here know of anyone who had similar situation like above? And does anyone have any recommendation for an immigration attorney that I can consult with?

 

Please help. Thanks!

 

 

[Boiler 45,966]

There is nothing you can do until the PD is current, as far as expediting the processing they may wonder how she will support herself in the US if she can not do so now. 

[SusieQQQ 11,587]

It doesn’t matter what NVC or USCIS processing times are, it matters what the priority date is. But also I think you are a little confused about what happens when. The 1 Dec 2005 date is not “slow” because of NVC processing or covid or anything else, it is the dates for filing documents date based on when the priority dates are expected to become current. For India F4 cases are only current to August 2005 (table A of the visa bulletin). A visa cannot be issued until the priority date is current in this table. If your sister’s priority date is March 2008, she probably has another 3 years or so to wait. The case can be only be expedited once a visa is available (priority date is current)

https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/immigrant-visas-processing-general-faqs.html#ivp7

If a visa is not available, unfortunately there is nothing that NVC can do to expedite the petition. Immigrant visa processing is governed by the Immigration and Nationality Act of 1952, as amended, which controls availability of visas. There is no provision within the law that would allow the Department of State to issue a visa to someone for whom a visa is unavailable.

[nastra30 2,349]

21 hours ago, crifever said:

Hello folks, I had a question that I am seeking legal assistance with but wanted to know if there is anyone else here who has gone thru a similar situation.

 

Here is my story. I am a naturalized US Citizen of Indian origin. I have applied for family based immigration for my sister (F4 category for India) in March 2008. The NVC is currently processing thru December 1, 2005 for India. Best case scenario, I am assuming my sister's file would become current in about 2 years and 3 months if everything does back to normal processing post covid. Worst case scenario, this delays even further if the NVC/embassy are unable to process family based immigration cases due to covid related slowdown. 

To make things worst, we lost my brother in law in May of this year after a long battle with covid. He was the sole bread earner for my sisters family and have been financially impacted by his loss. I am thinking of consulting with an immigration attorney to see if there is a way to write to the USCIS and see if they can give any special consideration for my sisters immigration case; to expedite it maybe based on humanitarian grounds?  

Does anyone here know of anyone who had similar situation like above? And does anyone have any recommendation for an immigration attorney that I can consult with?

 

Please help. Thanks!

 

 

NVC is where your expedited request will go since your case is now with them. However, a visa number will have to become available before they'll even consider your expedite. Not a chance they'll let her jump the line before her priority date becomes current.

Edited July 12, 2021 by nastra30

[NandV 87]

In the meantime, you could help her out financially? I don't think she would be able to enter the US and start working immediately, there would be some in between time