SusieQQQ

Might be hard to argue life and death emergency when she’s choosing to delay surgery though. How much longer is she prepared to wait for you to get current?

I have been waiting for a very long time for my relative to get an immigrant visa. Now there is a family emergency and I need my relative to immigrate soon to the U.S. Can NVC help me? If a visa is available for your relative’s category, and their case involves a life or death medical emergency, processing of your case may be expedited. To request a review for expedite, please submit a scanned letter (or statement) to NVCExpedite@state.gov from a physician (or medical facility). The letter must include the physician’s (or medical facility’s) contact information, and declare a life or death medical emergency exists. Please make sure to include your case or receipt number on the subject line along with at least one of the of the following: Petitioner’s name and date of birth Beneficiary’s name and date of birth Invoice ID number 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

Sponsored, i meant petitioned, as you have done. Anyway you seem convinced it’s ok to do both, imo you’re just throwing the filing fee down the drain.

You’re (apparently) not seeing the fact that CSPA age is frozen when a visa number becomes available as long as the ds260 is submitted within a year of that happening. So the fact that F2A has been current helped, not hurt,, the case because it meant earlier visa availability, and OP is DQ so seems to have met the “sought to acquire” requirement by filling in DS260. (in fact,CSPA precisely protects against insane interview backlogs)

Most F2A cases yet to be adjudicated are protected under CSPA because the category has been current for around 2.5 years-ish (I don’t have time to check exact date now. It might be longer). very few have been in the system since before it went current. OP already noted they have been DQ’d since 2020 so will be protected.

This depends where your parent lives. Most places it is as described above, but the 9th circuit (logically) saw the law as perverse and held that CSPA should continue to apply. Should your parent live in that jurisdiction I would suggest a quick lawyer consult before they naturalize, if that happens before you get your visa, to verify this still holds. For petitioners who live within the jurisdiction of the 9th Circuit Court of Appeals—which includes the West Coast of the U.S., as well as Idaho, Colorado, Nevada, Alaska, and Montana—there is good news. The Court addressed this problem in 2018, in a case called Tovar v. Sessions. It found that the government was incorrectly interpreting the law. So, in that jurisdiction, F2A category applications now automatically convert into petitions for an immediate relative of a U.S. citizen even if the child turned 21 before the petitioner became a citizen. https://www.nolo.com/legal-encyclopedia/how-naturalization-affects-your-child-s-application-for-a-u-s-green-card.html

Sorry but no, they don’t “must have something in place” to circumvent a legal requirement to grant an immigrant visa. You’ll need to go for bandaid measures while you wait, hiring a caregiver and/or visiting. Once your priority date is current, then you can expedite to jump the queues at NVC and the embassy waitlist for interviews. It’s also arguable that her choosing not to have surgery yet actually qualifies as hardship, so bear that in mind for when you are able to expedite and need to give proper reasoning for it.

Um. Normally a child is eligible for either n600 or i130, but not both. Either they qualify to be a citizen, or they need to be sponsored. N600K requires that the child regularly lives abroad. I130 requires you to show intent to re-establish domicile in the US (and that the child will obviously be moving there). Both can’t be true simultaneously. You could argue that they might be true sequentially, but you are talking about having simultaneous applications for both in the system. Bottom line is do you intend to move back to the US, or not?

You can’t expedite because your priority date isn’t current yet. They can’t legally issue you a visa before your date is current in table A.

From your first post, when you spoke about your parents getting their “n400 through you” (no, they didn’t ) you seem to be confusing two different processes. When someone wants to get a green card - that’s when they get “it” (the it being their green card) through another family member. Once someone has a green card - doesn’t matter how they got it - everything becomes equal for n400. The only way your father is going to become a citizen is by re-filing an N400 (no he doesn’t have to wait 5 years) and passing the test, the same test anyone else has to do.

There is no “n400 through marriage”. He has to pass the test on his own regardless how he got his green card.

Instructions here https://my.uscis.gov/uscis-immigrant-fee

A year?! More like 15-20 years for a sibling visa.

This. I believe F1 only allows 20 hours a week of on-campus work. If he wants to work properly he should rather wait for his spouse visa.

To state the obvious, a lawyer with decent experience in dealing with US immigration authorities should be well versed in business English.

Also expect far more stringent scrutiny for a work visa of any sort for a relative (especially a close relative like a sibling).

As with most other work visas, h2b requires labor certification. You need a lawyer. https://flag.dol.gov/programs/H-2B

No you don’t need to be physically present.

Nvm

“Job visa” without mentioning what type of visa sounds dodgy. The stuff I’ve seen from legit agencies, whether on their website or in letters, usually mentions the visa classification. Is it normal in Mexico for lawyers to use a yahoo email address? I know there is a visa for drivers in the US, but it is a seasonal visa for long distance truck drivers. I cannot for the life of me think how anyone can make a case for a labor shortage for drivers for a restaurant business. (Plus what everyone else said)

You seem quite familiar with Mexico, curious if you have an opinion on the fact that they just instituted a priority date cut-off for F2A after about 3 years of it being current, whether you see it continuing and if so improving or getting worse?

Then again so long ahead that having an insurance policy of a green card is not a bad idea either, who knows what happens in some places … file and forget it and use it if you need it when you can, always makes sense as an option to me

Lol, if you look at the source of this page it is the page I alreast posted above. May as well go direct to the official source. Check here for experiences/ask questions about your specific consulate https://www.visajourney.com/forums/forum/95-europe-amp-eurasia-except-the-uk-and-russia/

Current NVC processing times are around 2.5 months: Current case review time: As of 25-Jul-22, we are reviewing documents submitted to us on 12-May-22. https://travel.state.gov/content/travel/en/us-visas/immigrate/nvc-timeframes.html Wait time to interview depends on your embassy and any possible backlog in the queue there.

Yes, the wait is only marginally better for unmarried over 21 children of LPRs, around a year faster than your wife filing sibling - but given the wait time till the parents could file it would still end up being faster for your wife to file a sibling visa as soon as she naturalizes (and then it also wouldn’t matter if the sister does get married). Yes, the sisters would absolutely have to return home after tourist visa visits before their admitted period ends. Any overstay would see them lose their tourist visas and as you already know from the father, there is a potential ban if they stay too long. If you are able to afford a private education at a SEVP-approved school then you could consider looking into student visas for the children to do schooling in the US. Not a slam dunk as they’d have to show non immigrant intent but certainly an option to investigate if it’s affordable.