DMDA

Hi

I'm looking for opinions on future visa bulletin movement (if any one has a crystal ball!).

I have an FB1 (adult child of USC) petition pending with a PD of May 2008. When the petition was submitted they were processing March 2002, so approximately a six year wait.

At the same time they were processing F2B (adult child of LPR) petitions from June 1999, so approximately a nine year wait.

Today, NVC is processing FB1 petitions from March 07 and F2B petitions from Feb 07. So F2B has caught up.

I understand the reasons why; LPR petitioners became USC as those petitions were traditionally processed first, so the FB1 pot gained petitions while the F2B pot lost them.

My query is; does anyone know if the NVC will allow the petitions of LPRs (F2B) to jump ahead of the petitions for USC (F1)?

The latest bulletin saw F2B move forward by four months compare to two weeks for FB1.

Thanks.

scrubbedexpat099

Yes

ian-mstm

With respect, this is a false conclusion - because you don't know how many applications are still in line ahead of yours. All you really know for sure is that in May 2008, they were processing applications from March 2002.


Again, a false conclusion... same reason!


With respect, one has no bearing on the other - so you're trying to draw a comparison where none exists... and then trying to project what might happen in the future based on false information.


If that happens, then yes... they will allow, because one has no bearing on the other.

Ian

Noorah101

Yes. Since they are completely separate categories, the movement of one has no bearing on the movement of the other.

Rene

S Folinsky

It used to be quite common for the Filipino FB-2B to be ahead of the FB-1. When I was in practice I would often see situations where the parents who had filed FB-2B petitions were shocked that their naturalization hurt rather than helped their unmarried children immigrate.

So, Congress in its infinite wisdom enacted the Child Status Protection Act. [The various circuits are in disagreement as to whether or not the "plain language" of a particular provision contradicts a very weird BIA "interpretation." It is now before the Supreme Court].

One provision of CSPA allows for an "opt out" for a beneficiary to avoid the "upgrade" occasioned by the parent's natz. I do not know the procedure for doing this, never having done one.

DMDA

OK, thanks all. I'll just keep waiting!

S Folinsky

As I mention, the "opt out" can affect the movement. The allocations are made near the end of the process -- but what classification will the person be in for that purpose?

I do see that the two categories are not pretty close in cut-off as these things go.

If I were in still in practice and OP had consulted with me, I think that I would be making a few phone calls to colleagues on how to proceed. [I had my own "brain trust" -- unfortunately, most of them have passed away.].

Michael

This is only speculation but the recession hit in 2008 and there may possibly have been fewer petitions for FB visas for 2008 and later. It appears that may have happened with EB-3 visas since the priority date was about 6 years and then about a year ago, the priority date was about 1 year

scrubbedexpat099

My impression is that the numbers are increasing, with a fixed number of visa's and increasing number of potential applicants I would have thought the delay can only get longer, blips excepted.

DMDA

Yes, I reckon I have potentially another 18 months to two years before processing, and, looking at the bulletin again after S Folinskys earlier message can see that Philippines F2B is indeed ahead of F1 by almost 18 months.

I know "it is what it is" but it's still frustrating.

S Folinsky

BTW, the litigation before the Supreme Court may effect the progress of F-2B. Let's say a derivative "ages-out" before parent immigrates and parent files an F-2B for them after immigrating. What will be the kid's priority date? Does kid get parent's old PD in new category?

scrubbedexpat099

Logically? The kid does not have a priority date, the parent does.

I expect the answer will be the opposite.

S Folinsky

Interesting thought. When an immigrant visa petition is filed for the beneficiary, it is the beneficiary, not the petitioner who obtains the priority date.

OP's parent or parents filed on his behalf and it is her priority date, not his parents.

Why do you think otherwise?

jxv73

The priority date for EB-3 China is also ahead of that of EB-2 China. I know Chinese stuck in EB-2 are submitting new I-140s "downgrading" to EB-3, but it can be tricky.

S Folinsky

Actually, that one is not "tricky" at all and is fairly straightforward. For the longest time, once an I-140 priority date was established it could be used for any other I-140. Assuming there was a labor cert behind it, the same L/C can support both categories and the first I-140 prevents the L/C from expiring. I've known several of my colleagues to do that.