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  #1  
Old 29th April 2009, 07:30 AM
zfc1978 zfc1978 is offline
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Family Preference 2B - Waiting Time

Dear all,

I have the following details, any help would be greatly appreciated. It's as follows:

"On November 16, 2006, we have mailed you a notice that we have approved this I130 IMMIGRANT PETITION, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you recieve the notice, call customer service."

I found the above by entering my reciept number on the USCIS site. Anyway, I was told that my priority date is 15 DEC 2005.

How many years do I have to wait? Just can't figure out the Visa Bulletin, so unpredictable. It's currently 01 NOV 2000, does it mean I have to wait 5 Years and 1.5 Months? Can it be shorther? I mean this year my category is flying compared to previous years. Does the 2009 CIR impact the Speed?

Would President Obama be able to speed up things in that category? I'm already 31, and my life has been basically on holld for years, can't even look for love and get married. I hope the marriage policy would be changed, unless this process is much faster/ Any Advice? Hope to hear some good news.

I just hope I can immigrate to the USA within 2 years...

Ziad
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  #2  
Old 29th April 2009, 11:31 AM
TheRealCanadian TheRealCanadian is offline
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Location: Atlanta, GA
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Quote:
Originally Posted by zfc1978 View Post
How many years do I have to wait? Just can't figure out the Visa Bulletin, so unpredictable. It's currently 01 NOV 2000, does it mean I have to wait 5 Years and 1.5 Months? Can it be shorter?
You need to wait until that date gets to December 2005. Five more years would be an approximate time frame; but you don't know how many are in the queue ahead of you.

Quote:
Would President Obama be able to speed up things in that category?
Only if he can get Congress to push for an expansion of family-based immigrant visa numbers.

Quote:
I'm already 31, and my life has been basically on holld for years, can't even look for love and get married.
Of course you can. It will just have adverse consequences to your immigrant visa petition, until your parent becomes a citizen.

Quote:
I just hope I can immigrate to the USA within 2 years...
Not through that FB2 petition.
__________________
------------------------------------
IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
RFE: 8/2/2002
RFE RD: 8/28/2002
TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
ID: 10/7/09
USC: 10/8/09
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  #3  
Old 29th April 2009, 02:25 PM
zfc1978 zfc1978 is offline
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Posts: 7
Anyway, I have an Example Visa Bulletin for May 2006 was 15 JUL 96. May 2009 it's NOV 15 2000. That's 3 in exactly a 3 year period. Thing is that Vis Bulletin 4 years 4 months. That is 1 year 4 months more than the actual date. point is that I see that i will immigrate sooner than 5 years if this trend continues. Remember, that CIR is going to be taken seriously with the new Obama administration.

Based on what are you saying that dates will retrogress? Do you have any official source? Based on lawyers, many apllicants behind me have either got married hence disqualified, or parents Naturalized hence moving into another category.

I was told by a lawyer that I can immigrate within 2-3 years. Are you a lawyer by any chance?

Ziad
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  #4  
Old 29th April 2009, 02:52 PM
TheRealCanadian TheRealCanadian is offline
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Quote:
Originally Posted by zfc1978 View Post
That's 3 in exactly a 3 year period. Thing is that Vis Bulletin 4 years 4 months. That is 1 year 4 months more than the actual date. point is that I see that i will immigrate sooner than 5 years if this trend continues.
As my stockbroker has a habit of saying, past performance does not guarantee future results. Remember that there may be a glut of applications in the FB space with priority dates around early 2001 that still needs to get worked through, or maybe not.

You shouldn't draw too many conclusions from progress in the past.

Quote:
Remember, that CIR is going to be taken seriously with the new Obama administration.
Which means what? Perhaps they'll take away FB numbers for EB, or Immediate Relatives, or who knows. I know you want to be optimistic, but remember that we don't even have the outline of what CIR will look like, never mind the final form.

Quote:
Based on what are you saying that dates will retrogress? Do you have any official source?
I'm not saying that at all, I'm merely pointing out that none of us can state with any certainty what is going to happen in the next few years. Things might move dramatically faster, or they might slow down dramatically. Or they'll move forward at a similar rate. My guess is that things won't change significantly, and that getting a GC in the next two years is on the extreme end of the scale.

Quote:
I was told by a lawyer that I can immigrate within 2-3 years. Are you a lawyer by any chance?
If you read through these forums often enough, you'll discover that talking to a lawyer is no guarantee that you'll be getting correct information. All it guarantees is that you will receive a bill.

The only person who knows what the priority dates will do in the future is someone with a crystal ball, and he's making more money using it on the stock market.
__________________
------------------------------------
IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
RFE: 8/2/2002
RFE RD: 8/28/2002
TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
ID: 10/7/09
USC: 10/8/09
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  #5  
Old 29th April 2009, 03:38 PM
mermaid06 mermaid06 is offline
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Join Date: Oct 2006
Location: Wisconsin
Posts: 234
Hi,
as you can see from my signature, I've been waiting for 6.5 years already first in FB2b now in FB1. It will be 7 years this November but I hope VB gets to my PD before the 7 year mark.
Your parent is most likely eligible for citizenship soon so you will get converted to FB1. FB1 has been moving nicely this year and I hope this trend continues into the future and you won't be waiting 6+ years like we have been. However, there are no guarantees here.
I feel your pain regarding life on hold since I am in exact same situation. And believe me being female is 10 times worse. I was 24 when this was filed and I am turning 31 next month. And I've been in the country since the age of 18 on various visas. My youth was basically spent waiting in lines, not having a work permit, not being able to obtain loans for school or travel heaven forbid. Yeah, this system screws people's lives just like that. But this is the choice we made, however uninformed it might have been. And you know, maybe this situation is for the best since it made me focus more on achievement and academics, although it made life so difficult on so many levels.

Good luck to you!

Quote:
Originally Posted by zfc1978 View Post
Anyway, I have an Example Visa Bulletin for May 2006 was 15 JUL 96. May 2009 it's NOV 15 2000. That's 3 in exactly a 3 year period. Thing is that Vis Bulletin 4 years 4 months. That is 1 year 4 months more than the actual date. point is that I see that i will immigrate sooner than 5 years if this trend continues. Remember, that CIR is going to be taken seriously with the new Obama administration.

Based on what are you saying that dates will retrogress? Do you have any official source? Based on lawyers, many apllicants behind me have either got married hence disqualified, or parents Naturalized hence moving into another category.

I was told by a lawyer that I can immigrate within 2-3 years. Are you a lawyer by any chance?

Ziad
__________________

Case:FB1 (unmarried child over 21 of a US citizen)
Priority Date: November 20, 2002
August 1, 2009 AOS package mailed
August 3, 2009 AOS received date
August 10, 2009 I797C NOA received, MSC receipt number
August 14, 2009 Biometrics done
September 21, 2009 EAD and AP approved
September 24, 2009 EAD Card production ordered
September 26, 2009 AP received
September 28, 2009 EAD received
October 2, 2009 IL received

Waiting for interview on December 2. Why so late??

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  #6  
Old 29th April 2009, 04:13 PM
Triple Citizen Triple Citizen is offline
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Location: Naperville, IL, USA
Posts: 8,291
You have actually stopped yourself from finding love just because you want to immigrate to the US?

Quote:
Originally Posted by zfc1978 View Post
I'm already 31, and my life has been basically on holld for years, can't even look for love and get married.
I just hope I can immigrate to the USA within 2 years...
__________________
Regards,
S K Ghori
skg@vex.net
http://www.vex.net/~skg/

**NOTE**
I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
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  #7  
Old 29th April 2009, 05:14 PM
zfc1978 zfc1978 is offline
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Join Date: Apr 2009
Posts: 7
Thank you all... It's always been my dream to live and work in the US. So, yes i'm not looking into any serious relationship, unless it happen's that I fall in love witha US Citezen.

Ziad
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  #8  
Old 29th April 2009, 05:29 PM
Triple Citizen Triple Citizen is offline
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Join Date: Nov 2006
Location: Naperville, IL, USA
Posts: 8,291
I admire your honesty.

Quote:
Originally Posted by zfc1978 View Post
So, yes i'm not looking into any serious relationship, unless it happen's that I fall in love witha US Citezen.
__________________
Regards,
S K Ghori
skg@vex.net
http://www.vex.net/~skg/

**NOTE**
I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
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  #9  
Old 30th April 2009, 06:03 AM
zfc1978 zfc1978 is offline
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Join Date: Apr 2009
Posts: 7
I was told by someone that I could retrieve the old priority date which my aunt petioned for us back in 1989. I was 11 at the time. I was born in 28 FEB 1978. Visa became current in 01 JAN 2001. I was 22 years 11 months. Does anything apply to me?

Ziad
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  #10  
Old 30th April 2009, 06:18 AM
zfc1978 zfc1978 is offline
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Posts: 7
Dear all,

I haven't considered this option of CSPA, since i've always believed that i'm ineligible. Some people were telling me that I could retain the original priority under F2B.



Here is my story:



My Aunt (Mother's Sister) got married to a US Citizen in 1986... by 1989 she filed a petition for my mom, father, myself, and my brother. Also, other siblings and her parents.



Me and my family were under F4... It took around 12 years for the date to become current. I was born in 28 FEB 1978. Date became current on JAN 2001. I was 22 Years 11 Months.



My mom didn't immigrate to the USA until 2005 for health reasons, she is fine now. I just wish she immigrated sooner.



Anyway, Is this the same CSPA rule, or a different one. In 2005 I was not eligible under CSPA. So, my mom petitioned for me in 2005. I did not retain the original priority date. I just recieved a new priority date at 15 DEC 2005.



If this applies to me, can something be done or is it too late?



I'm just looking for options to immigrate as soon as possible, I hope you can help me with this matter.

Ziad
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  #11  
Old 30th April 2009, 11:09 AM
Triple Citizen Triple Citizen is offline
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Location: Naperville, IL, USA
Posts: 8,291
I don't think you can retain the old priority date that was establsihed when your aunt sponsored your mother. Reason being, you were not the beneficiary. Your mother was. Your mother filed in an I-130 for you that that is totally independent of how she migrated to the US.

Quote:
Originally Posted by zfc1978 View Post
So, my mom petitioned for me in 2005. I did not retain the original priority date. I just recieved a new priority date at 15 DEC 2005.
__________________
Regards,
S K Ghori
skg@vex.net
http://www.vex.net/~skg/

**NOTE**
I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
Reply With Quote
  #12  
Old 30th April 2009, 12:18 PM
Iluvus Iluvus is offline
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Join Date: Mar 2006
Posts: 72
Quote:
Originally Posted by zfc1978 View Post
Dear all,

I haven't considered this option of CSPA, since i've always believed that i'm ineligible. Some people were telling me that I could retain the original priority under F2B.



Here is my story:



My Aunt (Mother's Sister) got married to a US Citizen in 1986... by 1989 she filed a petition for my mom, father, myself, and my brother. Also, other siblings and her parents.



Me and my family were under F4... It took around 12 years for the date to become current. I was born in 28 FEB 1978. Date became current on JAN 2001. I was 22 Years 11 Months.



My mom didn't immigrate to the USA until 2005 for health reasons, she is fine now. I just wish she immigrated sooner.



Anyway, Is this the same CSPA rule, or a different one. In 2005 I was not eligible under CSPA. So, my mom petitioned for me in 2005. I did not retain the original priority date. I just recieved a new priority date at 15 DEC 2005.



If this applies to me, can something be done or is it too late?




I'm just looking for options to immigrate as soon as possible, I hope you can help me with this matter.

Ziad

Actually you could have attempted to retain the priority date when your mom filed the I-130 for you because you were eligible for priority date retention at the time according to the controversial CSPA rule (you were a derivative beneficiary under your aunt's F4 petition and you aged out), but now that CIS has already given you the new priority date, its almost impossible for them to change it at this time, you can still try though if you have some attorney fees to spare, but you have to talk to a reputable CSPA attorney who would advise you and help you request the priority date retention if he deems it feasible at this point, because you can not do it on your own, CIS will just return all your stuff to you, or ignore your request.
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  #13  
Old 30th April 2009, 02:10 PM
zfc1978 zfc1978 is offline
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I'll see what I can do.

Ziad
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  #14  
Old 30th April 2009, 02:59 PM
TheRealCanadian TheRealCanadian is offline
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Quote:
Originally Posted by Iluvus View Post
Actually you could have attempted to retain the priority date when your mom filed the I-130 for you because you were eligible for priority date retention at the time according to the controversial CSPA rule (you were a derivative beneficiary under your aunt's F4 petition and you aged out)
CPSA isn't controversial, just complicated.

Quote:
but now that CIS has already given you the new priority date, its almost impossible for them to change it at this time, you can still try though if you have some attorney fees to spare
Nonsense. You don't lose the old priority date just because USCIS gives you a new one.

I agree, however, to see a CPSA attorney. I believe the old PD might be retained, but an attorney who speciailizes in CPSA cases would assist greatly.
__________________
------------------------------------
IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
RFE: 8/2/2002
RFE RD: 8/28/2002
TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
ID: 10/7/09
USC: 10/8/09
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  #15  
Old 30th April 2009, 05:59 PM
Iluvus Iluvus is offline
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Quote:
Originally Posted by TheRealCanadian View Post
CPSA isn't controversial, just complicated.
This part of the CSPA law (Priority date retention) is CONTROVERSIAL and has been that way since it was enacted. Three Law firms have now taken CIS to court over it, and we are still waiting for the resolution of the cases.


Quote:
Originally Posted by TheRealCanadian View Post
Nonsense. You don't lose the old priority date just because USCIS gives you a new one.
I didnt say you lose it, I meant that its much easier to convince them BEFORE they assign you a date than to try to get them to change it afterwards.

Last edited by Iluvus; 30th April 2009 at 06:16 PM.
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