What's with the new law to eliminate FB?

pvs7

Registered Users (C)
I understand there is a new law being passed that would have existing FB waitlist to cease.

Now this may sound absolutely reasonable, but is not for those who have already been waiting for 14 and a half years, and just barely some 6 months away from getting their PD.

Now will I be eliminated if the bill is passed?
 
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I understand there is a new law being passed that would have existing FB waitlist to cease.
You understand the proposed bill incorrectly. The law in question would actually speed up processing of people already in line.
 
Bill will eliminate FB process

Yes PVS7 , Dr Jha is right. Family visa allocation will be more than previous ALLOCATION. Check shusterman.com they showed the bill process for elimination of family visa. They might stop accepting application in near future but waiting FB category before 2005 or so will get GC faster. Still not cleared which year they will choose to cancel SOME FB CATEGORY application. As i heard APPLICATION After MAY 1 2005. God knows what will be fact. I wish and Pray they should provide GC to all the FB membr who has been waiting legally and eagerly for there PD TO BECOME CURRENT.
 
Sister & Brother GC speedup?

I am not a lawyer, but I read the new bill and following the senate discussions and AILA comments.

Old Bill FB4
I think the FB4 will be speeded up. Previously, India was getting 7% (max allocation % per country) of the 65,000 (total FB greencards) per year. This is 4500 FBs for India per year.
(plus, I guess any unused GCs of undersubscribed countries)


New Bill FB4
With the new bill, Indian FB4 will get 10% (increased allocation % size from 7% to 10%)
of the 189,000 (new FB4 allocation out of the 440,000 total FB allocation). This is 18,900
for India per year.

Conclusion
18,900 is 4.2 times greater than 4500, and so we can expect the process to be 4 times greater. Which means instead of the 10 year current wait time, we can expect the process to complete in 2 -3 years.

Valid only for apps before 1 Oct 2007
Ofcourse, a catch-all clause is this entire FB4 category will be phased-out after 1 Oct 2007; This phasing out is what is called
"Stopping Chain Migration" in the new bill
 
Does anyone have any idea how much the 4000 cap for FB green cards for parents will impact the wait time? How much longer than it is now? Months? Years?
 
Does anyone have any idea how much the 4000 cap for FB green cards for parents will impact the wait time? How much longer than it is now? Months? Years?

I thought the cap was supposed to be for 40,000 visas, is the number 4000 that was referred above a typo or is that based on a cap for per country (at 7% or 10% of the cap per country),

There is an another ammendment going on that is planning to increase the cap for parents from 40,000 to 90,000 per year. I am not sure how many parents applicants from say India are but my blind and pessimistic guess is it will be a few years back-log soon(maybe 3 or 4 years).

Folks and immigration experts what do you think? Maybe we should email Rajeev Khanna to check what he thinks?
 
Here are some numbers on family immigration in 2004 and 2006:
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2004/table8.xls
http://travel.state.gov/pdf/FY06AnnualReportTableVIII.pdf
As far as I remember the total number of issued "parents immigration visas/grrencards" was about 80,000 in 2005 and more then 120,000 in 2006.

There is an ammendment proposed by senator Dodd to increase the annual cup on parents' immigration from 40,000 to 90,000. I assume it will be discussed next week.
I personally would think that instead of imposing cup they could just increase the age at which children can sponsor their parents. I suspect part of their worries about chain immigration etc. with respect to parents is the situation of illegal immigrants, who have children born in US and just wait for those children to become 21 to legalize them (and then their new spouses, other children etc). While the purpose of such immigration should be the ability of old parents to reunite with their fully grown-up and established children, who by that time finished their study, have work and normally already have family and children themselves..
 
Am I correct in assuming that FB4 will cease to exist for people of all countries in OCT. 2007, not just those of Indian origin? Is it advisable to have siblings apply immediately or is it too late?
 
^I guess so. Since they'll be clearing the backlog soon (hopefully, the bill shall pass!), the visa can be expected in less than 10 years easy.
 
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I filed the I-130 for my husband while I was a permanent resident and the petition was approved with a PD of March 2005. Now I have become a USC and we are going to file the I-485 and the rest of the packet tommorrow.

My question is, since my I-130 PD is before May 2005, will my husband be part of the fast track for GC processing? Or the I-485 filing data is what counts???
 
It seems that the FB4 category will not change too much, unless I missed something else in the bill.

SEC. 502. COUNTRY LIMITS.

Section 202(a) (8 U.S.C. 1152(a)) is amended by striking `7 percent (in the case of a single foreign state) or 2 percent' and inserting `10 percent (in the case of a single foreign state) or 5 percent'.

SEC. 503. ALLOCATION OF IMMIGRANT VISAS.

(a) Preference Allocation for Family-Sponsored Immigrants- Section 203(a) (8 U.S.C. 1153(a)) is amended to read as follows:

`(a) Preference Allocations for Family-Sponsored Immigrants- Aliens subject to the worldwide level specified in section 201(c) for family-sponsored immigrants shall be allocated visas as follows:

`(1) UNMARRIED SONS AND DAUGHTERS OF CITIZENS- Qualified immigrants who are the unmarried sons or daughters of citizens of the United States shall be allocated visas in a quantity not to exceed the sum of--

`(A) 10 percent of such worldwide level; and

`(B) any visas not required for the class specified in paragraph (4).

`(2) SPOUSES AND UNMARRIED SONS AND DAUGHTERS OF PERMANENT RESIDENT ALIENS-

`(A) IN GENERAL- Visas in a quantity not to exceed 50 percent of such worldwide level plus any visas not required for the class specified in paragraph (1) shall be allocated to qualified immigrants who are--

`(i) the spouses or children of an alien lawfully admitted for permanent residence; or

`(ii) the unmarried sons or daughters of an alien lawfully admitted for permanent residence.

`(B) MINIMUM PERCENTAGE- Visas allocated to individuals described in subparagraph (A)(i) shall constitute not less than 77 percent of the visas allocated under this paragraph.

`(3) MARRIED SONS AND DAUGHTERS OF CITIZENS- Qualified immigrants who are the married sons and daughters of citizens of the United States shall be allocated visas in a quantity not to exceed the sum of--

`(A) 10 percent of such worldwide level; and

`(B) any visas not required for the classes specified in paragraphs (1) and (2).

`(4) BROTHERS AND SISTERS OF CITIZENS- Qualified immigrants who are the brothers or sisters of a citizen of the United States who is at least 21 years of age shall be allocated visas in a quantity not to exceed 30 percent of the worldwide level.'.
 
Here are some numbers on family immigration in 2004 and 2006:
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2004/table8.xls
http://travel.state.gov/pdf/FY06AnnualReportTableVIII.pdf
As far as I remember the total number of issued "parents immigration visas/grrencards" was about 80,000 in 2005 and more then 120,000 in 2006.

You really rock. However, wanted to check with you regarding the number

For parents sponsored by USC over 21 years(IR-5 category)

http://travel.state.gov/pdf/FY05tableVIII.pdf - 60,566

http://travel.state.gov/pdf/FY06AnnualReportTableVIII.pdf - 83,133

Curious to know where you read about 80 K and 120 K numbers?

Also another question, is there a per country quota, eg 10 % of 40 K or 90 K.?
 
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