Current proposal's effect on pending applications?

[mymarriagejourney 113]

I haven't been keeping up on the details of the proposals to stop "chain migration" (family sponsored immigration). If passed, what is the proposal for existing, pending applications? (Googling for this answer isn't getting me relevant information.)

[Ben&Zian 4,398]

5 minutes ago, mymarriagejourney said:

I haven't been keeping up on the details of the proposals to stop "chain migration" (family sponsored immigration). If passed, what is the proposal for existing, pending applications? (Googling for this answer isn't getting me relevant information.)

 

As far as I have heard, now ofcourse this can change but seems to probably be most reasonable.

 

Once this "end" takes place, any current applications in the system (to how far in the system perhaps is unknown; but as far as I am aware as long as the petition has been received) they will be allowed to continue processing.

 

With the end also of the DV lottery, those annual spots will be used to help "speed up" the backlog of current family petitions until they are done. This could take several more years obviously.

 

Again that is the information I have heard so far from several sources. This is in part direct from Trump and the white house even.

Edited January 28, 2018 by Ben&Zian

[JFH 12,190]

No one knows anything at this stage, which is why google isn't helping you to find an answer. Such details have not yet been disclosed (and probably not even been discussed yet). 

 

However, based on past history of immigration reforms, all pending cases were closed and fees were refunded. 

[Ben&Zian 4,398]

1 minute ago, JFH said:

No one knows anything at this stage, which is why google isn't helping you to find an answer. Such details have not yet been disclosed (and probably not even been discussed yet). 

 

However, based on past history of immigration reforms, all pending cases were closed and fees were refunded. 

 

I have heard differently as I had already said; but then again wouldn't be surprised by the cancellation of petitions also.

 

So yup, no one really knows.

[JFH 12,190]

Just shows that no one really knows...

 

I was going on this information: 

 

https://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/archive/2017/08/07/cyrus-mehta-raise-act-will-hurt-immigrants-americans-and-america.aspx?Redirected=true

 

Pending family based petitions are voided except for those that are scheduled to get green cards within one year and entry into the United States must happen within one year of the bill’s enactment.

[mymarriagejourney 113]

Interesting topic. Thanks for the input. 

[cyclone27 710]

Refunds would be fairest result - can’t see them keep processing cases that last dbl digit years.

[ajpap17 0]

Hi.Do you think those who are case complete already will be affected by this bill if passed. Thanks

[King84 0]

7 hours ago, JFH said:

Just shows that no one really knows...

 

I was going on this information: 

 

https://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/archive/2017/08/07/cyrus-mehta-raise-act-will-hurt-immigrants-americans-and-america.aspx?Redirected=true

ten

Pending family based petitions are voided except for those that are scheduled to get green cards within one year and entry into the United States must happen within one year of the bill’s enactment.

That is the Raise Act introduced in the senate by immigration hardliners Senator Tom Cotton and David Purdue back in August 2017. In an interview last week, Donald Trump has indicated that these hardliners have softened their stance on immigration in order to reach a bipartisan deal.

 

https://www.cnbc.com/2018/01/26/trump-im-willing-to-shift-more-on-daca-immigration.html

 

As such, the immigration framework that the White House will be introducing this coming Monday will propose to cut Family Immigration prospectively and not retroactively in order to process the backlogs. 

 

https://www.whitehouse.gov/briefings-statements/white-house-framework-immigration-reform-border-security/

 

Immigration hardliners like Cotton, Purdue and Stephen Miller have been actively supporting this framework the past couple days. In fact, Cotton went as far as to say:

 

"The president's framework is generous and humane, while also being responsible. It protects those eligible for DACA, who are here through no fault of their own. But it also will prevent us from ending up back here in five years by securing the border and putting an end to extended-family chain migration. The president's willingness to grandfather everyone in the current immigrant backlog also shows he's serious about reaching a bipartisan solution. I look forward to working with my colleagues to turn the framework into legislation that can pass both the House and the Senate with widespread support."

 

https://www.cotton.senate.gov/?p=press_release&id=880

 

Now the question than becomes: what is considered "waiting in line"? Does that only include people whose cases are waiting in the NVC? Or does it include the others whose cases are still pending for approval by USCIS? That remains to be seen.

 

[gregcrs2 1,778]

Hopefully all will be clarified in the next few weeks.  But for sure, not everyone is going to be happy with the final legislation.

[SmileAlways 5]

will the changes affect cases that are already in NVC stage?