Brother in Ukraine, expedite I-130

[.yana 597]

10 minutes ago, SusieQQQ said:

When you say “according to uscis rules” , are you talking about some sort of reasoning requirements for expedite being these “rules”? Or what rules?  (Humanitarian reasons is a reason for expedite btw and that’s what it sounds like from your brief description.) The inability to expedite an F4 case whose priority date is not current is nothing to do with “uscis rules”, it is to do with actual US immigration law that says you cannot legally issue a visa when a visa number is not available (as is the case for a family preference case where the priority date is not yet current). Pointing this out because your comment could be inferred to give false hope to OP. There is just no way that “some rules don’t apply these days”, even if that statement is true somewhere, can help OP in reference to the sibling  visa petition. 

 

FYI: 

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

 

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OP, sounds like unite for Ukraine is your best way forward, good luck - hope it works out, and quickly.

I think I was pretty clear in what I said, and OP definitely understood my message and didn't feel like he was given a false hope nor was my intent to give him one.

 

[SusieQQQ 11,586]

1 hour ago, .yana said:

I think I was pretty clear in what I said, and OP definitely understood my message and didn't feel like he was given a false hope nor was my intent to give him one.

 

So you just randomly spent a few paragraphs posting to mention a situation that has nothing to do with OP’s situation. Ok, got it.

[.yana 597]

27 minutes ago, SusieQQQ said:

So you just randomly spent a few paragraphs posting to mention a situation that has nothing to do with OP’s situation. Ok, got it.

It was one paragraph, and I made it clear that it was just an example, and OP's situation is different.

OP (who I addressed in my comment) understood me.

Not sure why it's such a struggle for you or why you keep nit-picking my comment when those involved have already moved on.

[Traveler101 16]

3 hours ago, SusieQQQ said:

When you say “according to uscis rules” , are you talking about some sort of reasoning requirements for expedite being these “rules”? Or what rules?  (Humanitarian reasons is a reason for expedite btw and that’s what it sounds like from your brief description.) The inability to expedite an F4 case whose priority date is not current is nothing to do with “uscis rules”, it is to do with actual US immigration law that says you cannot legally issue a visa when a visa number is not available (as is the case for a family preference case where the priority date is not yet current). Pointing this out because your comment could be inferred to give false hope to OP. There is just no way that “some rules don’t apply these days”, even if that statement is true somewhere, can help OP in reference to the sibling  visa petition. 

 

FYI: 

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

 

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OP, sounds like unite for Ukraine is your best way forward, good luck - hope it works out, and quickly.

Thank you. And thanks for putting confusing info in lament terms.

[Crazy Cat 41,850]

 

21 hours ago, .yana said:

There was recently a case here of someone being granted an expedite for their Russian fiancée who was cutoff from being supported by her American fiancé due to sanctions.

That would not be relevant to the OP's case since, even if the I-130 was expedited, it can not/would not speed up the F4 visa number availability. 

Edited May 18, 2022 by Crazy Cat

[.yana 597]

33 minutes ago, Crazy Cat said:

 

That would not be relevant to the OP's case since, even if the I-130 was expedited, it can not/would not speed up the F4 visa number availability. 

Yes, just like I noted in my comment that it was simply an example of how things did not go according to USCIS standard procedures, nothing else.

[Crazy Cat 41,850]

10 minutes ago, .yana said:

Yes, just like I noted in my comment that it was simply an example of how things did not go according to USCIS standard procedures, nothing else.

My point was that there is absolutely no way the OP's brother could obtain an F4 category visa sooner than the Visa Bulletin allows, which is currently more than 10 years after filing the I-130.  There would be no exception, standard procedure or not. Besides, once USCIS approves the I-130, their involvement is finished.  Thanks.

[.yana 597]

3 minutes ago, Crazy Cat said:

My point was that there is absolutely no way the OP's brother could obtain an F4 category visa sooner than the Visa Bulletin allows, which is currently more than 10 years after filing the I-130.  There would be no exception, standard procedure or not. Besides, once USCIS approves the I-130, their involvement is finished.  Thanks.

Ok. Cool?