October to December 2010 Filers

[RICARDO4EVA2 194]

~~~~ for those who missed it or were not able to join ~~~~~~~~

Attorney Dimo Michailov: Hello and welcome to this week's immigration chat! It's great to see so many of you here. Before we go straight into the questions, a few housekeeping items.

First, if you haven't already, please take a moment to read the chat guidelines at the bottom of this page. Also, this chat is moderated -- your questions will be sent to the moderator and then presented to the attorney for comment.

With this in mind, let's get started. Please feel free to send in your questions.

9:01[Comment From Ricardo ] Good Night would like to know what movement is expected for the next or future visa bulletin or is the F2A category expected to be current any time soon by the next FY9:02

Attorney Dimo Michailov: Ricardo, thank you for your question. The F2A category is expected to move very slowly going forward. Unfortunately, due to the initial forward movement at the end of 2010, there has been a very high demand in this category so the forward movement is expected to be very slow until USCIS/DOS can clear the backlog of F2A petitions pending and can get some control over the numbers of new petitions coming in

9:03[Comment From kinie ] my i601 appeal is pending at aoo for 13 months,when normally does appeal take

9:04Attorney Dimo Michailov: The current processing time for review of I-601 appeals is approximately 26 months. As a result, you should expect your case to remain pending at the AAO for at least another year. Please see this report for the most recent AAO processing times:

http://www.laborimmi...ebruary-1-2011/

9:07Attorney Dimo Michailov: We have a great turnout this evening and again thank you for joining us for our first chat. We will have it every week on Thursday and we hope to be a great tradition and a way for you to get an immigration question or two answered

9:08[Comment From kinie ] Is there any step i should take now or just to wait for the 26 months

9:09Attorney Dimo Michailov: Kinie: there is nothing for you to do with respect to the pending AAO appeal other than wait for AAO to process your case.

9:09[Comment From Guest ] Got my Green card in 2008 under EB1-E and got married last year. Can I process H1B while working in US now. Once H1B is approved by USCIS, leave the country, surrender GC and het H1B visa at US consulate. Bring spouse on H4 visa. Is it possible to get a H1B visa because already had GC. I would like to apply for GC under EB1 again after bringing spouse to US.

9:10Attorney Dimo Michailov: While it is rare for a green card holder to surrender his or her green card in order to accomplish what you are trying to do, it should be possible. There are details and nuances which this chat format does not permit me to go into. It is also a complex and expensive process, but it should be doable. Please feel free to reach out to me directly for a consultation to discuss further.

9:11[Comment From Raj ] Would like to know if my wife can apply for B1/B2 or any other visa while her h4 is pending under 221g?

9:12Attorney Dimo Michailov: Raj: your wife should be able to apply for B1/B2 visa while her H-4 is under 221g. I assume that the 221g is related to your H-1B employment documents (perhaps consulting company?). She would, however, have to disclose the 221g as a denial on a previous visa application and be able to indicate why is she going on a tourist visa when she has an H-4 pending. Also, she would need to show evidence of ties to her home country.

9:13[Comment From Guest ] Is DOS giving any idea if they have cleared all F2A cases from years 2007-2010. so that F2A dates will move forward

9:14Attorney Dimo Michailov: Unfortunately, DOS is only indicating that they have a large backlog and they hope to be able to get some control over the incoming numbers in the next few months so that they can (1) predict demand and (2) be able to move the F2A priority dates forward.

9:17[Comment From Ms. M ] How some I-130 petitions get approved faster than other even if priority date is same?

9:18Attorney Dimo Michailov: Ms. M: the review time of a pending I-130 has nothing to do with the priority date of an I-130 petition. USCIS reviews I-130 petitions generally on a first-come, first-serve basis, regardless of what priority dates the petitions may have.

9:19[Comment From Raj ] Any expedite/premium processing for 221g green or what's the maximum timeline (incase Only wife appeared for H4 renewal stamping in India)?

9:20Attorney Dimo Michailov: Raj: Unfortunately, there is no good way to expedite a 221g. You may attempt to contact the consulate for more information, but this request is likely to be met with resistance to give any information. A 221g process in India varies between the consulates, but it may be 2 weeks to over 6 months, unfortunately.

9:21[Comment From Guest ] My fiance happens to have communist leanings, will this affect her Adjustment of status after our marriage on a K-1 Visa?9:23Attorney Dimo Michailov: The I-485 question is whether she has been affiliated with the communist party. A "leaning" may or may not requires a "YES" answer. Even if it did, this does not automatically mean that her I-485 would be denied.

9:23[Comment From kinie ] Is it possible to cancell the appeal at AOO and refile i130 petition

9:24Attorney Dimo Michailov: Generally, yes, but you should very carefully evaluate your options before you decide to withdraw your appeal. Many rely on their appeals to maintain priority date or for some other benefit. Withdrawing your appeal may mean that you may lose such benefit of the pending appeal.

9:25[Comment From john ] people who file I 130 after me get approval before me how that works? why they are getting approval before us?

9:26Attorney Dimo Michailov: There may be many reasons -- for example, your case may require additional review which other cases do not require. If your case is outside the regular processing times for I-130, you should make a service inquiry.

9:26[Comment From kinie ] That is the great answer.Thanks

9:29Attorney Dimo Michailov: We are scheduled to go until 9:30 pm eastern time, but we still have a number of questions pending and coming in, so stay with us -- we will continue for a few more minutes and answer as many questions as we can. Please put in your last questions.

9:29[Comment From Guest ] Approx. 77K visas available for F2A every year. Per DOS imigrant visa statistics, both DOS/USCIS have not issued 77K for F2A holders. Indeed they wasted large number of visas. Is there any remedy available?

9:30Attorney Dimo Michailov: DOS (incl. Charles Oppenheim) try very hard to make sure that no visa numbers go unused every year. I cannot confirm right now whether there have been any visa numbers unused in the F2A category; but if there are such unused visa numbers, they are allocated to other categories

9:31[Comment From Guest ] My priority date is 11 february 2008, my category is F2a. I live in Ecuador. I have some hope for April´s Visa Bulletin?

9:32Attorney Dimo Michailov: Based on comments from DOS, we do not expect that the April 2011 bulletin would move forward by as much as one year (it is currently at January 2007 for F2A ROW).

9:33[Comment From tina ] if a person is a student in other country other than country of citizenship from last 4 or 5 years can he have his interview in the country whre is on student visa?

9:34Attorney Dimo Michailov: Generally, yes, most US consulates allow residents in a specific country to go for visa at that country even if the foreign national is citizen of another country. You should check with the US consulate (usually the websites are pretty informative) to confirm whether this is the case.

9:35[Comment From tina ] from where where we can find out that?

9:35Attorney Dimo Michailov: Please visit the website of the US consulate in the country in which you are planning to apply for a US visa. They should have information on this topic.

9:36[Comment From mike ] any estimation how long will the priority date for f2a be back to normal?

9:38Attorney Dimo Michailov: What do you mean by "normal"? F2A historically has a substantial wait period and the short times seen in mid-late 2010 are very unusual. We have a tool which allows you to get an estimate of the average wait times in a specific category based on calculations over short (6 months) and longer term (5 year). You can visit our Visa Bulletin Forecast tool at http://www.cilawgroup.com/vb/

9:38[Comment From tina ] i filed I 130 in USA as a permanent resident for my husband who is in ireland as a student. so which website i have to check if he can go to ireland9:38

Attorney Dimo Michailov: The US consulate in Dublin would be a good place to start.9:39

Attorney Dimo Michailov: This was the last question for today's immigration chat. Thank you so much for joining us and we hope you will join us for our next scheduled chat.

[gna781 1]

done

sent in paperwork oct 25 2010 f2a PD Nov 10 2010 @ California Service Center Thanks!

[RICARDO4EVA2 194]

sent in paperwork oct 25 2010 f2a PD Nov 10 2010 @ California Service Center Thanks!

I will add you soon.

The April 2011 visa bulletin was posted at 11:00 AM CST

http://travel.state.gov/visa/bulletin/bulletin_5368.html

New cut off date is April 2007

[gna781 1]

I will add you soon.

The April 2011 visa bulletin was posted at 11:00 AM CST

http://travel.state.gov/visa/bulletin/bulletin_5368.html

New cut off date is April 2007

Ok thanks...

could you explain what they mean by this?

*NOTE: For April, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JUL06. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JUL06 and earlier than 01APR07. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

Mainly the last sentence i dont quite get

[RICARDO4EVA2 194]

Welcoming the new addition. Adding Gna781's information

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I-130: DEC/JAN/FEB 2010/11 Applicants

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UserName.........|Sent.....|NOA1.....|RFE?.....|NOA2.....|Service Center.|

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gna781...........|10/25/10.|11/10/10.|--/--/--.|--/--/--.|California.....|

listeria.........|12/08/10.|12/13/10.|--/--/--.|--/--/--.|California.....|

Jmari............|12/13/10.|12/15/10.|--/--/--.|--/--/--.|California.....|

Ljmp_10..........|12/18/10.|12/21/10.|--/--/--.|--/--/--.|California.....|

Madeel85.........|12/21/10.|12/22/10.|--/--/--.|--/--/--.|California.....|

Ricardo4eva2.....|12/28/10.|12/30/10.|--/--/--.|--/--/--.|California.....|

Cerene...........|01/21/11.|01/25/11.|--/--/--.|--/--/--.|California.....|

Ljmp_10..........|01/25/11.|01/28/11.|--/--/--.|--/--/--.|California.....|

madeel85.........|01/29/11.|01/31/11.|--/--/--.|--/--/--.|california.....|

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[ljmp_10 105]

3mos is not bad at all. At least its moving anyways...

[Rick_ES_USA 13]

Ok thanks...

could you explain what they mean by this?

*NOTE: For April, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JUL06. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JUL06 and earlier than 01APR07. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

Mainly the last sentence i dont quite get

The way I understand that last sentence is this : to put it in simple words “MEXICO F2A does not have to worry about country limits (7%)” … and that´s why for Mexico, category F2A is the only category with decent PD´s … all the other categories are oversubscribed way back in the 90´s, which is very sad and crazy

[RICARDO4EVA2 194]

immigration session starting in 1 hour.. (free).

[Ariane15 1]

Hello All -

If you will submit your application/s in December 2010 or January 2011 to bring your Family Member/s to America then lets all be in the process to help, educate and overcome any immigration obstacle/s with stong proof/s.

We all have the green light so never stop preparing

I filed for my son who is 17 in February and also for my eldest son who is 21 and received the NOA.I hope I will be able to become a USC in 3 years as I am married to a US citizen.

[RICARDO4EVA2 194]

I filed for my son who is 17 in February and also for my eldest son who is 21 and received the NOA.I hope I will be able to become a USC in 3 years as I am married to a US citizen.

Welcome here to this post. Let me ask you... you said you are currently married to a US Citizen he/she should have filed for your now 17 y/o (then 16 y/o) son. Why not...???

[Ariane15 1]

Welcome here to this post. Let me ask you... you said you are currently married to a US Citizen he/she should have filed for your now 17 y/o (then 16 y/o) son. Why not...???

My spouse approved I 130 was revoked because of his background. Our lawyer asked us to withdraw the appeal and to have my daughter petitioned for me instead. It was a bad mistake because when i went for the AOS interview, i learned that my spouse appeal would have been approved. I was forced to go through consular processing since I was admitted on a K3 visa. I wonder if my spouse could petition for my son even if I have filed an I 130 on his behalf.My son is still in US.

[RICARDO4EVA2 194]

My spouse approved I 130 was revoked because of his background. Our lawyer asked us to withdraw the appeal and to have my daughter petitioned for me instead. It was a bad mistake because when i went for the AOS interview, i learned that my spouse appeal would have been approved. I was forced to go through consular processing since I was admitted on a K3 visa. I wonder if my spouse could petition for my son even if I have filed an I 130 on his behalf.My son is still in US.

I'm sorry to say BUT since your son is now 21 your husband cannot petition for him because for it to work and your son receive the benefit the applicant should have been filed by your husband before be turned 21.

~~~ let me ask you so they cancelled his I-130 because of his background? I did not know they do such things ~~~

~~~~ If you were in the USA you did NOT have to go through consular processing since your daughter filed for you... you could have Adjust your Status here in the USA. ~~~~

[Ariane15 1]

I'm sorry to say BUT since your son is now 21 your husband cannot petition for him because for it to work and your son receive the benefit the applicant should have been filed by your husband before be turned 21.

~~~ let me ask you so they cancelled his I-130 because of his background? I did not know they do such things ~~~

~~~~ If you were in the USA you did NOT have to go through consular processing since your daughter filed for you... you could have Adjust your Status here in the USA. ~~~~

My youngest son is 17 years old and he was admitted on a k4 visa.

[RICARDO4EVA2 194]

My youngest son is 17 years old and he was admitted on a k4 visa.

on those terms then your husband will be able to petition for him but with his background issues it may be revoked and you have to go through the hoops for an approval. You and your husband can have two petitions out there of him.

[Ariane15 1]

on those terms then your husband will be able to petition for him but with his background issues it may be revoked and you have to go through the hoops for an approval. You and your husband can have two petitions out there of him.

Thanks.This is a good idea because my son will not be out of status as long as he has a petition pending.