Is it a better idea to just apply for a new green card?

[bimt 0]

Hey, so basically my family and I got f4 visas and we're all residents now except my dad cuz his interview was delayed due to taking the tuberculosis screening test. Anyway, visa numbers got retrogressed for our category right after his interview then the trump ban came in and now an EO is going to come out that will probably suspend the F4 visa classification permanently. I was just wondering if I should give up on that and get my mom to apply for an F2A today.. What do you guys think? How long does it usually take? Is it possible to expedite it due to the many mishaps we got on our way? Do I just send in the petition today and after it gets accepted he sends his documents and does the interview? No priority date ?

Edited July 16, 2020 by Penguin_ie
bad language

[designguy 1,179]

27 minutes ago, bimt said:

Do I just send in the petition today and after it gets accepted he sends his documents and does the interview

Accepting the petition just means they confirm they have received it. He needs his petition approved before he can send in documents and get a visa. The I-130 will probably take around a year to get approved

[bimt 0]

1 minute ago, designguy said:

Accepting the petition just means they confirm they have received it. He needs his petition approved before he can send in documents and get a visa. The I-130 will probably take around a year to get approved

Sorry that was a mistake by me. I meant after it gets approved. After it gets approved, does he have to wait for the priority date to become current or is it usually always current?

[designguy 1,179]

Just now, bimt said:

Sorry that was a mistake by me. I meant after it gets approved. After it gets approved, does he have to wait for the priority date to become current or is it usually always current?

F2A are numerically limited so his PD needs to be current in order to get a visa. If petitioner was a US citizen then the category would not be numerically limited

[bimt 0]

1 minute ago, designguy said:

F2A are numerically limited so his PD needs to be current in order to get a visa. If petitioner was a US citizen then the category would not be numerically limited

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-july-2020.html
The current visa bulletin says current. Is this just a coincidence?

[designguy 1,179]

FYI F2A is current right now and expected to remain so for the FY2020. But who knows what will be the case in a year. all you can do is petition and wait

Just now, bimt said:

Is this just a coincidence

Its been current for some time

[bimt 0]

2 minutes ago, designguy said:

FYI F2A is current right now and expected to remain so for the FY2020. But who knows what will be the case in a year. all you can do is petition and wait

Its been current for some time

Thank you.

 

Is it legal to file a petition while still waiting for an F4 visa? 

Edited July 16, 2020 by bimt

[payxibka 10,045]

56 minutes ago, bimt said:

Thank you.

 

Is it legal to file a petition while still waiting for an F4 visa? 

Multiple petitions are acceptable 

[SusieQQQ 11,586]

2 hours ago, bimt said:

Thank you.

 

Is it legal to file a petition while still waiting for an F4 visa? 

Yes, but you’re probably jumping the gun a little. If the cost of a petition is worth the peace of mind though then you may as well. On priority dates: F2A has been current for around a year or so, but that’s been an unusual situation. With some backlog effect from the travel ban, you may find it reverts to needing to wait for a priority date to be current.   
 

 

 

2 hours ago, designguy said:

FYI F2A is current right now and expected to remain so for the FY2020.

Well yes....seeing as no one can get visas right now in that category the quota is hardly  being used, just AOS cases really.

 

Edited July 16, 2020 by SusieQQQ

[SusieQQQ 11,586]

2 hours ago, bimt said:

Is it possible to expedite it due to the many mishaps we got on our way?

Oh, and that’s a no. Problems with passing the medical, and the same bans everyone else is subject to are not reasons for expedite.

 

 

Edited July 16, 2020 by SusieQQQ

[JFH 12,190]

4 hours ago, bimt said:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-july-2020.html
The current visa bulletin says current. Is this just a coincidence?

No guarantee it will be current in around a year’s time when the petition is approved.