More RETROGRESSION for US Immigrant Visas

[JA]

The US Dept. of State has released the January visa numbers and the dates have retrogressed further. Also, FB-1 & FB-2A cases for the Philippines have been added to the retrogression.

The January Visa Bulletin can be found at http://travel.state.gov/visa/bulleti...etin_5212.html

The new numbers:

FB-1 June 1, 1994 (previously April 1, 1997, in December)
FB-2A Jan 1, 2008 (previously Aug 1, 2010, in December)
FB-2B May 15, 1999 (previously Sept 1, 2002, in October)
FB-3 Oct 22, 1991 (previously Mar 1, 1995, in October)
FB-4 Jan 1, 1988 (previously April 1, 1991, in October)

This means a much longer wait for an Immigrant Visa than many had hoped.

Simple Background.

Priority Date. A persons ‘place in line' for an immigrant visa is determined by their "Priority Date" (PD). For family cases, the PD is the date the petition was filed with USCIS.

The Visa Bulletin is published monthly by the DOS to show who is eligible to be assigned Immigrant Visa numbers.

Cutoff Dates. The Visa Bulletin shows the "cutoff dates" for visa issuance by category and country. Normally, the cutoff dates stay the same or go forward in time every month.

Using the Visa Bulletin. If your PD is earlier (not ‘on or before', but earlier) then the cutoff date shown in the Visa Bulletin for your category, an Immigrant Visa is available for you beginning on the first day of the month shown at the top of the Visa Bulletin. When this happens, it is said that your "priority date is current". If your PD is on or later then the date on the visa bulletin for your category, you are still in line to receive an Immigrant Visa.

Retrogression is when the cutoff date in the Visa Bulletin goes back in time instead of forward in time. With a retrogression, a person with a current priority date one month can find that their priority date is no longer current. Retrogressions can be caused by several different circumstances. No matter what the reason, they are never happy times. Persons who thought that the wait was almost over are thrown back into uncertainty.

For how long? This retrogression was expected because of some unusual events at the end of FY2010. How long it will last, no one can tell you. The Dept. of State says that further retrogression is possible. Hopefully it will only last for a few months, but sometimes they run for years. For example, the FB-3 category (married sons and daughters of US Citizens) for Mexico has similar characteristics with Philippines FB-3, and Mexican FB-3 has been in retrogression for almost four years!


Sorry for the length. I hope this helps provide some understanding of the situation.

[investor_ako]

AMerican Dream for some has long gone down the road and enjoyed the beauty of other countries as a result. . .

[AARGGH!]

By the time they get to US, they're on their 50s or 60s.

[leonleon]

By the time they get to US, they're on their 50s or 60s.

and not really interested to live there anymore (because of the cold weather).

[investor_ako]

very true, one friend of my colleague who is currently nearing 50 and yet her PD is no way near to the January 2011 VB, they end up teasing her by saying "it's good, when you get there, you just have to work few months and then get retirement benefits"

[ramonaks]

Aw crap.

[orangepink]

And they still want to pass the DREAM Act in the US Senate when there are people who followed the rules, waited in line and paid the price. Minsan talaga may topak talaga ang kano. They reward those who broke the law. Pasensya na sa mga natamaan.

[TravelANC]

Question please? My husband filed petitions for me and children 1997 when we were on H visas. all of us stayed in US and got our green cards pero daughter was 16 and did not ask for her green card....she went home to live with her father and for school. Now she is 28 and desires to move back to the US with her son. Attorney says old petition voided if not used in a year and to file a new petition for her. What is wait time for new petition? Is retrogress a problem? Thank you for answers!I am trying to learn more by reading these messages!

[gcv67]

Question please? My husband filed petitions for me and children 1997 when we were on H visas. all of us stayed in US and got our green cards pero daughter was 16 and did not ask for her green card....she went home to live with her father and for school. Now she is 28 and desires to move back to the US with her son. Attorney says old petition voided if not used in a year and to file a new petition for her. What is wait time for new petition? Is retrogress a problem? Thank you for answers!I am trying to learn more by reading these messages!

You have to file a family based petition, either F3: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences. or F2B: Unmarried Sons and Daughters (21 years of age or older) pwede naman nyan isama yong anak just in case na hindi sila kasal.

Estimated time of waiting: more than 10 years and hope that it will not go beyond 15 years.

Good Luck.

[TravelANC]

Husband and I are both us citizens so would file F3, right? Is it better to have husband file this second petition because he was born in US and filed the first time and that petition was approved before she departed? I just want to do everything the fastest way! Thank you for the advice!!!

[JA]

Estimated time of waiting: more than 10 years and hope that it will not go beyond 15 years.

Well said.

Husband and I are both us citizens so would file F3, right? Is it better to have husband file this second petition because he was born in US and filed the first time and that petition was approved before she departed? I just want to do everything the fastest way! Thank you for the advice!!!

@travelANC- You never said if your daughter is now married. If single, the category for a new petition would be FB-1; if married, gvc67's suggestion on FB3 is the most likely answer for you. But you said some things that make me think about another (but unlikely) possibility.

You said your husband was born in the US, so he must have filed separate petitions for each of you. You also mentioned that the petition he filed for your daughter (who was 16 then) was approved before she departed. You also implied that she was in the US when the petition was filed, but left the US before getting Permanent Residence. Correct so far?

If so, did you and her both file for Permanent Residence at the same time as your husband filed the petitions for you? And did you ever hear again from USCIS (INS back then) or from the National Visa Center about the petition for your daughter? Did she ever marry and/or return to the US?

A lot of questions, but the answers may have an effect on what you should do!

[TravelANC]

yes and we ar all now citizens of US but my daughter. We all filed for our green cards all at once but she did not go with us to the appointment day because she was going back. Officer at appointment gave my husband a letter that the petition for daughte was granted. Then husband got a letter telling us that she could not get a green card because she did not come to the appointment. received nothing after that letter. Will missing the appointment then be a problem now? daughter is now widow and now wants return here with the child. Thank you for time and advice! Attorney too said to file a new petition. Such a long time for the wait!

[Jakeof90210]

WTF, all the paper works have already been filed, AOS, filing fees, police clearances everything! I was just waiting for the interview schedule. WTF WTF WTF

[JA]

Question please? My husband filed petitions for me and children 1997 when we were on H visas. all of us stayed in US and got our green cards pero daughter was 16 and did not ask for her green card....she went home to live with her father and for school. Now she is 28 and desires to move back to the US with her son. Attorney says old petition voided if not used in a year and to file a new petition for her. What is wait time for new petition? Is retrogress a problem? Thank you for answers!I am trying to learn more by reading these messages!

Husband and I are both us citizens so would file F3, right? Is it better to have husband file this second petition because he was born in US and filed the first time and that petition was approved before she departed? I just want to do everything the fastest way! Thank you for the advice!!!

yes and we ar all now citizens of US but my daughter. We all filed for our green cards all at once but she did not go with us to the appointment day because she was going back. Officer at appointment gave my husband a letter that the petition for daughte was granted. Then husband got a letter telling us that she could not get a green card because she did not come to the appointment. received nothing after that letter. Will missing the appointment then be a problem now? daughter is now widow and now wants return here with the child. Thank you for time and advice! Attorney too said to file a new petition. Such a long time for the wait!

@TravelANC There is a reasonable chance the first petition was never canceled and can still be used. This means she may be able to keep the 1997 Priority Date, making her wait much shorter.

Contact your attorney again and have him check to see if the approved petition filed by your husband for your daughter was ever sent to the National Visa Center (NVC), or withdrawn by your husband. If not, it may still be good. The reason is that only the Department of State (through the NVC or an embassy) can terminate a petition because it was not used. USCIS can cancel a petition for many other reasons, but not just because it was never used. There are many old, unused visa petitions with long-ago current Priority Dates sitting in CIS files that are still valid.

This is just a possibility to check on. Let us know if it helps.

[TravelANC]

thank you!! I called my attorney today and asked hime what you said. Attorney said no way and must file new petition.! Now he called me and said he was sorry and that WE CAN use old petition and now tells me my daughter is in #1 preference and can come soon if retrogress is not long. what a surprise call!!

[JA]

thank you!! I called my attorney today and asked hime what you said. Attorney said no way and must file new petition.! Now he called me and said he was sorry and that WE CAN use old petition and now tells me my daughter is in #1 preference and can come soon if retrogress is not long. what a surprise call!!

I am glad it worked out for you! That he called you back with an apology says many good things about him!

Merry Christmas!

[PhilippineTours]

hahaha...its ok, i want to be a Philippine citizen...we can trade papers!

hahaha




____________________________________________________________________________________________________
Philippines Tourism

[greggy279]

sabi ng cousin ko until march 2011 daw ang retrogession.. yun sabi ng migration lawyer kase dahil yata sa child status protection act.. may mga petition daw kase na sinisingit dun sa mga anak na over 21 nang ma-approve ang petition para makasama sila without falling into F2B category..

[Pauzz]

OMG!! affected ata *** category ko sa f2b. since nakapag bayad na ako ng visa fees na submit narin ang ds230 last aug, after noon just email the NVC nag response sila last oct. na receive na nila *** ds230 ang sabi
na receive na daw nila *** all documents.

(As soon as an interview date has been
scheduled, the designated representative of this case (applicant,
petitioner, or attorney) will be notified. The US Embassy or Consulate
General may require additional documentation at the time of the
interview.}

Mukhang ma pepending pa ata. category ko is f2b at may 2kids ako kasama. nag move backward pa sobra layo aantayin ko PD ko is aug. 2001. wew. sumabit sa traffic!

[harryw]

US economy is bad, unemployment is high, and I'm hearing more and more anti-immigrant sentiments.

So with all these, why anyone would wait 5 to 10 years to live in that country is beyond me.

That's a lifetime. I just find that incredibly sad, not to mention insulting to those who actually follow the rules.

I bet this will do nothing but promote arranged marriage, and other forms of illegal entry, and with this broken system the US sort of deserve it.

SO.....If you have the skills and educated, bring it to another country that actually wants you. Don't put your talents, money and effort to that country.... even as a tourist. Better yet, spend all that in the Phils.