Health-Related Concerns and Interview Process for F4 Visa ***Merged***

[HectorMR 1]

Hello everyone,

I hope you're all doing well. I have a few questions and I'm really hoping someone could provide some guidance.
 

My parents were documentarily qualified on May 10, 2023, for an F4 category with a priority date of August 2, 2007.
90 days later there is no message about interview at the embassy, case is still at NVC.
 

Their tourist visa is set to expire in December 2023. I'm wondering if I need to submit another application to renew their tourist visa. Will this renewal process have any impact on our ongoing green card application?

I remember reading somewhere that if the Priority Date is earlier than the final filing date, the interview could take place after document qualification.
Could someone please confirm whether, after being documentarily qualified, we should expect an interview when the final action date becomes current?

If this is indeed the case, I believe it's important for them to renew their tourist visa as soon as possible.

Thank you in advance for any insights you can provide!

Edited August 13, 2023 by Crazy Cat

[Boiler 45,486]

The PD is not current.

 

You have lost me with the Tourist Visa, to where and why?

[appleblossom 2,484]

9 hours ago, HectorMR said:

I remember reading somewhere that if the Priority Date is earlier than the final filing date, the interview could take place after document qualification.
Could someone please confirm whether, after being documentarily qualified, we should expect an interview when the final action date becomes current?

 

It won't be scheduled until the date is current in Table A of the VB, and it's not current yet.

 

I'm also not sure what you mean about the tourist visa, but the final action date was 22nd March 2007 in the September 2021 VB and is now 22nd April 2007, so it's only moved a month in nearly 2 years - it could still be a very long wait before they get an interview date.

[HectorMR 1]

What I meant regarding the tourist visa is that both of them have their visas expiring in December, and they wanted to wait to have the F4 visa interview and not renewing their tourist visa.

However, considering the time left, I have to advise them that they need to renew their tourist visa, or they could risk missing the opportunity to visit their family in the USA.

 

Thanks

[Boiler 45,486]

Bot of a wait for a Tourist Visa appointment as well, of they need to be interviewed.

[HectorMR 1]

Hello everyone,

I hope you're all doing well. I would greatly appreciate it if anyone has information regarding this concern.

 

My parents were documentarily qualified on May 10, 2023, for an F4 category with a priority date of August 2, 2007.

Two months ago, on July 26, 2023, my father's doctor (the direct beneficiary) provided us with a letter stating that he is being treated at a clinic with a diagnosis of Mild Cognitive Impairment due to dementia and cerebral vascular disease since November 2022. He is currently stable under treatment.

However, in recent days, his condition has worsened, and he has experienced cerebral strokes during the night. I'm concerned that he might pass away while waiting for the interview, as the final action date was March 22, 2007, in the September 2021 Visa Bulletin, and it is now April 22, 2007. This means it has advanced by only one month over the course of two years.
Given the current situation, I don't believe my father is in a condition to attend an interview 2 - 4 years later.
My greatest worry is that he might pass away while awaiting his interview, and my mother, as his spouse, might lose the opportunity to reunite with my family in the United States.
 

In my particular case, I aged by 1 year according to the CSPA calculation. However, I was able to submit my application, fill out all the paperwork, it was accepted, and then my name was removed from the application.
 

If the case is currently at the NVC, do you know if there's any way to expedite the interview process due to situations beyond my control?

Thank you for your time, I appreciate it greatly.

[Crazy Cat 41,845]

@HectorMR, Please ask your question regarding their visas in this thread** 2 similar topics concerning OP merged***

Edited August 13, 2023 by Crazy Cat

[Boiler 45,486]

The visa bulletin is difficult to predict, October will give a better indication.

 

There is no way of knowing if CSPA applies until the PD is current and you can do the calculation.

 

Likewise there is currently nothing to expedite until the PD is current.

 

There is Humanitarian Reinstatement but I am not sure you have a strong case, it is discretionary.

 

 

[Chancy 6,241]

6 hours ago, HectorMR said:

If the case is currently at the NVC, do you know if there's any way to expedite the interview process due to situations beyond my control?

 

Sorry to hear about your father's condition, but there is no expedite for cases that are not current on Table A of the visa bulletin.  Not even if the case is already DQ at NVC and not even for life-or-death situations.

 

[HectorMR 1]

@Chancy Thank you! fortunately for now he is still stable. Ok, I understand now that expediting is not possible.
 

Another question: my parents can enter the USA because they will have their tourist visas still valid and they want to visit their grandchild.
Assuming that a few months after entering, is it possible for them to file the Form I-485 for adjustment of status instead waiting for the consular processing?
As I understand it, to apply for adjustment of status, it can be done using Table B, where it is current. Or at least, this is what I understand from here:
https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin

Any guess?
Thank you in advance.

[Boiler 45,486]

That would be immigration fraud.

[Chancy 6,241]

8 minutes ago, HectorMR said:

Assuming that a few months after entering, is it possible for them to file the Form I-485 for adjustment of status instead waiting for the consular processing?

 

Entering on a tourist visa with intent to adjust status involves fraud.  Don't do it.  Also, we are not permitted to discuss fraudulent immigration activities here on VJ.

 

[HectorMR 1]

Just now, Chancy said:

Entering on a tourist visa with intent to adjust status involves fraud.  Don't do it.  Also, we are not permitted to discuss fraudulent immigration activities here on VJ.

 

Understood. I believed both options were legal based on my research, didn't think it was fraudulent. My bad.
Fortunately, after 2 years, the dates on Chart A have been updated, which allows me to be more optimistic about the remaining months until becoming current. 

The only thing that is needed now is time.
 

Thank you a lot.