I-130 questions - PR resident filing for son/daughter >21yrs

[docny]

1. I see that for the 2B category California Service center processing time in now within 5 months which is great (i recentlys saw it to be years). Since the PD is not current, does USCIS forward the application to DOS or wait till the PD is current?

2. They talk about the death of petitioner results in automatic denial of application, specially if the benificiary is abroad. Is that at USCIS stage, what if the I-130 is approved before the death of petitioner? Any comments? Any references?

3. I see that the PD are moving forward at a decent pace so that 2B applicants will be current in 5 years as opposed to 9 years, which again is great, but is this a transient thing? As far as I understand, there has been no changes in laws and no increase in visa numbers, unless there is some non-legislative solution for backlog. Any comments?

 

[Jackolantern]

1. They might forward it there, but it still would sit idle until the PD is current.

2. To benefit from the humanitarian exception to restore the petition after death of the petitioner, the petition must already be approved before the petitioner's death. And bear in mind that is an exception; the vast majority of such cases get rejected.

3. This is what was said about that in the July visa bulletin:

http://www.travel.state.gov/visa/bulletin/bulletin_5019.html

VISA AVAILABILITY IN THE FAMILY-SPONSORED CATEGORIES

There continues to be extremely rapid forward movement of most Family preference cut-off dates. This is a direct result of the lack of demand by potential applicants who have chosen not to pursue final action on their cases, or who may no longer be eligible for status. The rapid movement provides the best opportunity to maximize number use under the FY-2010 annual numerical limitations. Should applicants eventually decide to pursue action on their cases it will have a significant impact on the cut-off dates.