How do Strive act will affect F2A Category in Family based green cards

skau

Registered Users (C)
Does anybody knows how will strive act (if it becomes a law) affects F2A category in family based green card. I mean how much the priority date will jump in this category as the number of visa will increase from 7% to 10 % per country and moreover immediate relative of citizens (parents, spouse and kids under 21) will not be considered using any visas. Any ideas. Thank you:)
 
Unless you are from oversubscribed countries, not much benefit.
Only good thing is current INA set the limit 480,000 minus, but STRIVE makes it 480,000 plus. That can make a small difference in cutoff date, but not significant effect.
 
It is different , now immediate relatives of citizens use a visa out of the 480,000 but the visa's are available to them immediately but in strive Act they are exempt from visa so they will not use any visa's out of those 480,000. I hope you understand what I mean. Thank you.
 
It is different , now immediate relatives of citizens use a visa out of the 480,000 but the visa's are available to them immediately but in strive Act they are exempt from visa so they will not use any visa's out of those 480,000. I hope you understand what I mean. Thank you.

No, I don't. Immediate Relatives of US citizens have NEVER been numerically limited, and have never had a visa number or priority date.
 
No, I don't. Immediate Relatives of US citizens have NEVER been numerically limited, and have never had a visa number or priority date.

I think you get this one wrong, but immediate relatives numbers are allotted out of the current yearly family based numbers, they actually use the bulk of it. The current strive bill will eliminate that and assign those numbers to the four family based categories thus doubling the amount of visa number available. This will greatly reduced those waiting times.
 
I think you get this one wrong, but immediate relatives numbers are allotted out of the current yearly family based numbers, they actually use the bulk of it. The current strive bill will eliminate that and assign those numbers to the four family based categories thus doubling the amount of visa number available. This will greatly reduced those waiting times.

I cannot emphasize how incorrect you are.
 
I think you get this one wrong, but immediate relatives numbers are allotted out of the current yearly family based numbers, they actually use the bulk of it. The current strive bill will eliminate that and assign those numbers to the four family based categories thus doubling the amount of visa number available. This will greatly reduced those waiting times.


As far as I understand everyone needs an Immigration visa even if you are an immediate relative of citizen but in case of immediate relatives the visa's are available immediately (allocated out of yearly family based numbers). I just wanted to make sure because after reading the strive act I thought the same way. I am attaching one part of strive act below for reference:

TITLE V – VISA REFORMS

Family-Based Immigration: Exempts immediate relatives of U.S. citizens from the annual level of 480,000 for family-sponsored immigrant visas. Redistributes the 480,000 family-sponsored immigrant numbers among existing family preference categories. Unused family-sponsored immigrant visas from previous fiscal years are recaptured and made available for family-sponsored immigrant visas for future fiscal years.
 
you are right. IR has no numerical limit, but consumes 480,000 quota.
Read it through INA 201 highlighted in red -> blue -> purple.

I looked into immigration statistics of recent 3 years. Looks like there are HUGE number of GCs(~400k) issued to IR of US citizen annually.
I would say it probably makes quite a difference in cut-off date advancement if HR1645 gets passed.



INA 201(b) & 201(c)




(b) Aliens Not Subject to Direct Numerical Limitations. - Aliens described in this subsection, who are not subject to the worldwide levels or numerical limitations of subsection (a), are as follows:

(1) (A) Special immigrants described in subparagraph (A) or (B) of section 101(a)(27) .

(B) Aliens who are admitted under section 207 or whose status is adjusted under section 209 .

(C) Aliens whose status is adjusted to permanent residence under section 210 , or 245A .

(D) Aliens whose removal is canceled under section 240A(a) .

(E) Aliens provided permanent resident status under section 249 .

(2)(A)(i) Immediate relatives. - For purposes of this subsection, the term ``immediate relatives'' means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. In the case of an alien who was the spouse of a citizen of the United States for at least 2 years at the time of the citizen's death and was not legally separated from the citizen at the time of the citizen's death, the alien (and each child of the alien) shall be considered, for pur poses of this subsection, to remain an immediate relative after the date of the citizen's death but only if the spouse files a petition under section 204(a)(1)(A)(ii) within 2 years after such date and only until the date the spouse remarries. 3/ For purposes of this clause, an alien who has filed a petition under clause (iii) or (iv) of section 204(a)(1)(A) of this Act remains an immediate relative in the event that the United States citizen spouse or parent loses United States citizenship on account of the abuse.


(ii) Aliens admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent who is such an immediate relative.

(B) Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad.

(c) Worldwide Level of Family-Sponsored Immigrants. -

(1) (A) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is, subject to subparagraph (B), equal to -

(i) 480,000, minus

(ii) the sum of the number computed under paragraph (2) and the number computed under paragraph (4), plus


(iii) the number (if any) computed under paragraph (3).

(B) (i) For each of fiscal years 1992, 1993, and 1994, 465,000 shall be substituted for 480,000 in subparagraph (A)(i).

(ii) In no case shall the number computed under subparagraph (A) be less than 226,000.

(2) The number computed under this paragraph for a fiscal year is the sum of the number of aliens described in subparagraphs (A) and (B) of subsection (b)(2) who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence in the previous fiscal year.

(3) (A) The number computed under this paragraph for fiscal year 1992 is zero.

(B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 203(a) during that fiscal year.

(C) The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 203(b) (relating to employment-based immigrants) during the previous fiscal year and the number of visas issued under that section during that year.

(4) The number computed under this paragraph for a fiscal year (beginning with fiscal year 1999) is the number of aliens who were paroled into the United States under section 212(d)(5) in the second preceding fiscal year-

(A) who did not depart from the United States (without advance parole) within 365 days; and


(B) who (i) did not acquire the status of aliens lawfully admitted to the United States for permanent residence in the two preceding fiscal years, or (ii) acquired such status in such years under a provision of law (other than section 201(b)) which exempts such adjustment from the numerical limitation on the worldwide level of immigration under this section.

(5) If any alien described in paragraph (4) (other than an alien described in paragraph (4)(B)(ii)) is subsequently admitted as an alien lawfully admitted for permanent residence, such alien shall not again be considered for purposes of paragraph (1). 2/
 
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I cannot emphasize how incorrect you are.

Looking at the statute, it appears that IR numbers do burn through FB numbers, but there's an absolute floor on FB numbers of around 226,000 so practically there's no effect if the IR numbers go up in a given year; the FB numbers are simply the floor. So apparently, there may be a significant increase.

You were right; I was wrong. Sorry.
 
family based spouse visa f2a

hi to everyone i am new to this form but a regular reader or sure.i am in f2a spouse category and my priority date is 6th nov 2002.can any one give me any kind of information abt when my priority date would become current.its almost 5 years i had been waiting .plz help friends.
 
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