kumbahara

For what it is worth, while the predictions continue on how many weeks/month the PD will move over the next quarter, here is an important statistic to be noted. In FY 2012 (Oct 2011 to Sept 2012), the DOS/Visa office wasted 10,326 visas, per their only visa issuance statistic (http://www.travel.state.gov/pdf/FY12AnnualReport-TableV-PartI.pdf).

Per INA law each year allocates 87,634 visas for F2A per numerical limitations.
While here is the actual number based on released statistics 
http://www.travel.state.gov/visa/statistics/statistics_1476.html

FY 2012 : 77,308
FY 2011 : 81,728
FY 2010 : 60,700
FY 2009 : 75,000

This wastage has been on for years, more pronounced in 2010 and is increasing due to lack of accountability. Whats more frustrating is the fact that neither the Oct 2011 saw any jump in the priority dates and based on their prediction of movement on supposed demand, the allocation of visa may see similar pattern or wastage.

So, either you can choose to ignore it or at least voice your opinion on why even the numerical numbers allocated by INA laws for family quota is being wasted(a total of 18000 visas wasted for the total family category) and pushed to employment quota the next year.

So is an email at least something you can write?

Below is the email I sent

To: cisombudsman <cisombudsman@HQ.DHS.GOV>

Sent: Monday, February 18, 2013 3:52 PM

Subject: Re: Correspondence Regarding Family Visa Numbers

Dear Sir/Madam

I have been writing in as a hopeful petitioner in the F2A category so as to highlight the amount of visa wastage in F2A category ( (Family Preference - Spouses of LPR) . I had earlier attempted to contact the visa office through CIS Ombudsman requesting for more transparency in terms of instituting demand data as it is done for Employment based (EB) immigrant visas and also requested for more proper efficient allocation and usage of the INA allocated visas.

The Department of State, visa office quietly released its FY 2012 visa number allocations(http://www.travel.state.gov/pdf/FY12AnnualReport-TableV-PartI.pdf) and not surprisingly out of 87,634 visas allocated by INA regulations, it issued 77,308 visas, effectively wasting (or utilized by F2A) 10,326 visas , while the priority dates for the same inch just a few weeks citing demand from NVC . This has been characteristic as FY2011 saw around 6400 visas and FY2010 saw a whopping 26,934 visas wasted.

I have made efforts to contact the visa office without any relief, and the CIS Ombudsman with more hope based on its reply, little has been the outcome to alleviate the glaring inefficiency in the visa allocation and priority date movement of the beneficiaries of F2A, who cannot even apply for tourist visas.

While the administration considers even undocumented aliens, a chance to live together with their families, can the small community of F2A petitioners/beneficiaries hope the CIS Ombudsman to establish visa office to

1. Stop visa wastage by advancing the priority dates and and increase accountability of supposed demand while visa wastage is evident.

2. Provide a means for beneficiaries in the US to apply for I485, by advancing the Priority Dates to near current so as to fill up for visas wasted year over year.

3. Provide demand data on a monthly or at least quarterly basis for F2A so as to provide a meaningful way to extrapolate their wait times based on visa issuance at different consular posts.

I would appreciate if CIS Ombudsman can take up this issue and help the LPRs by following up with the Visa Office and Department of State.

Thank you.

A Backlogged F2A Petitioner

Has anyone with case complete at NVC tried this link? Does it have a different status as opposed to "Processing at NVC"? Could someone please check it out and post what is status reported for case complete?

Thus far I have seen - "Processing at NVC" or when handled by consulates as "Administrative Processing", "Issued".

There is a new online case status from the DOS. I dont know if it details out the status of the case in Consulates for IV/NIV, but perhaps may be a tool to ascertain where the application is at.

URL : https://ceac.state.gov/CEACStatTracker/Status.aspx

Ciao

Thanks Listeria, for posting about the DOS's silent posting of FY 2011 visa issuance stats, almost a year after the FY 2011 ended!

That combined with my earlier email reach out to CIS Ombudsman on visa wastage and subsequent response from the visa office chief Mr.Oppenheim in Sept 2011 indicates even his records as cited were off resulting in around 6470 visas not utilized aka wasted for F2A.

While this does frustrate as DOS continually states they have the demand for the visas yet, year over year, their own statistics indicating visa wastage, tallying at an average of 16,000 per year. So if you care, voice your concern to CIS Ombudsman at

Office of the Citizenship and Immigration Services Ombudsman

U.S. Department of Homeland Security

Mail Stop 1225

Washington, DC 20528-1225

Tel: (202) 357-8100

Fax: (202) 357-0042

Email: cisombudsman@dhs.gov

Web: www.dhs.gov/cisombudsman

Below is the email and response from CIS Ombudsman on this recent folly.

Thank you for contacting the U.S. Department of Homeland Security (DHS) Office of the Citizenship and Immigration Services Ombudsman (Ombudsman’s Office).

We sincerely appreciate your input regarding the issue of visa allocation. You raise valid concerns, and our office will definitely take them into consideration.

Sincerely,

The Office of the Citizenship and Immigration Services Ombudsman

U.S. Department of Homeland Security

www.dhs.gov/cisombudsman

VM

Dear Sir/Madam

I am writing in response to the Mr.Charlie Oppenheim from Visa Office on his explanation on visa wastage of F2A (Family Preference - Spouses of LPR). I had earlier attempted to contact the visa office through CIS Ombudsman requesting for more transparency in terms of instituting demand data as it is done for Employment based (EB) immigrant visas.

Nearly one year since that conversation, and an equally long time since the end of FY 2011 in Sept 2011, DOS's website released the FY2011 statistics of visa issuance including Adjustment of Status for F2A category (http://www.travel.state.gov/pdf/FY11AnnualReport-Table%20V-Part1.pdf). As opposed to the figure indicated by Mr.Oppenheim below in his response on visa wastage, the official tally for FY 2011 is 81,728 as opposed his records of 88,200, a approx difference of 6,400 visas wasted(or not utilized by F2A) in FY 2011 again.

While I don't dispute with Mr.Oppenheim on the mechanism of visa allocation, following by the records from Visa Office for the last 3 FY, an average of 16000 F2A visas have been wasted or not utilized. While the visa bulletin inches by an average of 1 month to 1.5 month every time, for the beneficiaries of F2A, mostly spouses of LPR (Legal Permanent Residents), it is a missed opportunity for them to be united with their family, especially given the fact, the current laws do not even grant the spouses of LPR dependent visas at consulates to wait in the interim. The issue of visa wastage of F2A was even covered by CIS Ombudsman's annual report in 2010.

My earnest request, in the absence of any transparent demand data from Visa Office is to add more accountability and provide demand data on a monthly or at least quarterly basis for F2A so as to provide a meaningful way to extrapolate their wait times based on visa issuance at different consular posts.

I understand with the stalemate in congress doesn't allow for proper immigration reform as a measure of law, but the above requests lie well within the framework of the INA regulations and provide as an interim relief.

I would appreciate if CIS Ombudsman can take up this issue and help the LPRs by following up with the Visa Office and Department of State.

Thank you.

A Backlogged F2A Petitioner

F2AData_2011.PDF

hi everyone, i have recive a letter from NVC stating that my petition is now eligible but my priority date is May 5, 2011. i called them and they said to contact with USCIS since my physical address now is USA to apply for Adjustment status. What should i do now, can someone tell what are your experiences with this kind of matter. Also there is attachment that says the reason why they send the letter is that my visa will be current within 9 months. Please enlighten me with this issue.thank you and wish us all best of luck!!!

Receipt date: May 9, 2011

PRIORITY DATE May 5, 2011

It is true that being in the US, you can apply for Adjustment of Status (I-485), when your PD becomes current. NVC process allows for them to process your application in advance so that you can opt for consulate processing at your home country should desire and pay for it. I would do it as changing from I-485 to consular processing takes significant time as opposed to opting consular processing and applying for I-485 later. Of course it is left to the individual discretion. One point to note, I485 filing fees is around $1050 as compared to NVC processing fees of $88 AOS fees + $230 IV fees. Also to note, if NVC doesnt hear back from petitioner/beneficiary within 1 yr of your pref,as indicated in Choice of Agent form I believe, they may consider the application to be abandoned too as I understand.

my friend kumbahara....i think we cannot do anything bcaz there is no unity in f2a...and one more thing,its digestible that DOS has some formula and acording to that hidden formula they are issueing visas...so if they give any data FOR EXAMPLE they issued 88000 visa this fiscal year,none can prove against it(bcaz the authories have no interest in this issue)....But we continue to try our best...thx

Precisely my point as well, if we as stakeholders in the process willfully turn a blind eye to such non transparency, then for sure nothing will change. True, apparently they use some hidden formula which they decline to reveal, but atleast if enough people who drop a comment every visa bulletin asking topray for them etc send one email to CIS or DOS, perhaps there is a slim chance things can be more predictable and regularized? Its not that we arerequesting for the laws to be changed, just get some accoutability. Only the squeaky wheels get oiled.. Just a thought!

Can someone please explain to me the 7% rule?

Why is there a seperate category for India or china for f2a when they cannot even fulfill the 7% quota??

I can understand for the employment based category but why for F2a?? There are not enough people for these countries??

The 7% rule is the total number of visas issued in any FY for any country does not exceed over 7% total amount of immigrant visas. Note, that includes both EB and FB. And also 75% of F2A does not figure in the FY count of 88000 visas. However at the end of FY - 7% is the upper ceiling. Currently the 7% for India/China doesnt matter since it is same as ROW category, which however may change if there is no country cap on EB visa (HR3012 and its counterparts).

I wouldn't call it lying, although I agree that we will probably never really know the reasons for the low usage of visas in 2010.

That may be semantics, but the fact remains that DOS/Visa Office operates in total darkness and without any relevant data, there is no accountability. For there are more questions than answers about the visa bulletin PD movement and visa issuance

1. F2A has very little Adjustment of Status. Most of its beneficiaries are overseas, meaning they issue F2As majority in overseas consular posts. And Visa office swears they accumulate the visa issuance data and project for the coming month(s). Yet there is not a single piece of information on how many are issued at what location. This is not even available for FY 2011 which BTW ended in Sept 2010. The statistics reported on DOS site is blank - http://www.travel.state.gov/visa/statistics/statistics_5641.html. Wonder why they dont? That report BTW is the ONLY report that we ever get out of NVC/DOS on F2A visa issuance though.

2.Each FY, F2A ideally should be allotted 88K visas, 75% of which is irrespective of beneficiary's country of origin. There is little information either from NVC or USCIS approval statistics in the way of how many are pending at what stages as in the way of showing demand. The visa office's own prediction of movement upto 2.5 months seems off. Plus many petitioners move from F2A to IR1/CR1 status, should they obtain US Citizenship.There is no statistic or transparency on what happens to the numbers.The new FY kicks in Oct of every year adding 88000 visas, yet the visa bulletin remains sluggishly slow, while EB categories makes significant jumps.

Since consular posts, NVC and visa office both come under DOS, they dont want to look bad for their sloppy work and goof ups- thats as simple as it can get. Also, many stakeholders, much like you, throw up hands in the air thinking what can we do? So they dont even care to release any data.

When you operate under a shroud, there is little in the way of what can be understood as to be operating in the best interest of petitioners/beneficiaries. If these bureaucracy is not asked any questions as many of the forum members by claiming nothing can come out of writing to anyone, that becomes the mainstay.

If you care about it, ask about it - There is an organization created by the DHS bureaucracy for it - http://www.dhs.gov/files/publications/gc_1301971419354.shtm#3

As far as I remembered, kumbahara already received responsed from OMBUDSMAN. I personally sent emailed to oppeheim and others mentioned in the thread. Dudn't help at all. All we can do is wait.....! Nobody give a damn about F2a spouses.

God knows when it will end...

I did write to Ombudsman, Mr.Donahue and even USCIS chief counsel Mr.Legomsky and will continue to do it atleast once every month. To members feeling frustrated about not receiving a favorable response, I differ in my opinion. At least a letter to highlight the issue helped congresswoman Zoe Lofgren to accommodate V visas for F2A spouses, although it hasnt made it out of immigration subcommittee. The point is not that no one cares, hence stop all effort. Legislation take long times to craft and implement. If people think its as easy as button click, which is what some people have come to expect, its grossly misplaced.

What I have demanded and requested is write to authorities about making the process more transparent. Make the visa issuance data in each consulate accessible if not monthly, then quarterly, if not quarterly then bi annually at the least. That is not demanding to change the law at the least. But do understand that F2A spouses represent a very small minority in the immigration benefit backlog which doesnt get audience because not enough voices are heard, perhaps. I dont want to paint false hopes, but if there is something that can be done to help reduce the anxieties of ebb and flow of the PD each visa bulletin, it is through requesting to see the same demand data that visa office claims to move their calendar by. I suppose its fair to request that much. And finally of around 88K visas available where is it getting issued or why is there spillover to other categories is what we can aim to figure out through constant attempts to mail/email or call.

Its up to each to decide whether it helps their cause rather than to feel frustrated.

Am I the only one who feels something's amiss at DOS/Visa Office in the way the conduct their operations with respect to being transparent. FY 2011 ended in Sept 2011 and yet after 8 long months, they still haven't posted the ONLY report that indicates their issuance of F2A visas? The defunct page without any real data came online on DOS site at http://www.travel.state.gov/visa/statistics/statistics_5641.html

Given the fact that DOS Visa Office themselves predicted movement of upto 2.5 month, past two month's movement has barely been 1.5 months. I know that anything suggested towards improving the situation for F2A is immediately shot down on the pretext of legislative logjams in congress, but if you people who so passionately debate on PD movement, then atleast it would be more helpful if concerns of intentional non release of visa statistics be conveyed to the visa office. I dug up the address of Mr. Donahue in DOS as

Mr. David Donahue

Deputy Assistant Secretary of State for Visa Services

Bureau of Consular Affairs

Department of State

2201 C Street, NW, Room 6811

Washington, D.C. 20520

More details on whats missing is at http://www.visajourney.com/forums/topic/336198-transparency-and-cis-bureaucracy/

Anyone care to write?

Hi Kumbahara, you are silent since long time. at the same time glad to see your posting and very very informative. Many thanks for your detailed explanation on this topic. I am expecting my priority date will be current in some where oct/nov 2012.

Glad it helps. Based on the threads I see, I believe it be very well valuable to track the NVC Docs Requested as an entry to our F2A watch list. Owing to the good work for cazy888, we have a good list, and adding docs requested as

NAME-----------PD-----------NOA2-----DOCS REQUEST------CASE COMPLETE-----INTERVIEW

helps shed light on the qualifying date, which NVC operates. Qualifying Date (read all about it and NVC operations at http://www.murthy.com/news/n_natvis.html) may be a good and probably the ONLY hard data we can obtain from our fellow users that may shed light on forthcoming visa bulletin's PD movement. My 2 cents.

PD movement prediction for family preference is as good as any guess. That is why I believe we barely hear any comments from lawyers. Due to lack of transparency from the visa office, Dept of State can cover up its mess with visa wastage or fudge numbers easily.

Some facts on NVC processing however can throw some light on what triggers movement. NVC, processes its application based on a Qualifying Date, a date which precedes the priority date by 8-12 months, by a guesstimate. In short,one can assume, a date which NVC gets a heads up for in order for consulate adjudication. Now, an efficient process is one where an application is not lying around awaiting action and I am sure NVC, wouldn't want case complete applications lying around, especially if the documents have certain validity, which includes tax returns, police clearance etc.

The current processing times released by USCIS is an indication of NVC trying to digest the spate of I-130 approvals for F2A resulting from approvals of approx 1 million I130, stuck in processing. This was generated by the "lack of demand" in 09-10 FY and was reported by 2010 CIS Ombudsman annual report. The lack of demand as suggested seems to be the lack of approved I130, not the application rate of I130 received by USCIS. So a wave of I130s reached NVC (in Nov 2011, DOS reported 322,636 F2A cases pending) and I believe till now and maybe a good part of this year and maybe even next would be task for NVC to get through those, sorting out which ones are active, moving cases who have become citizens, age out etc and getting through to case complete to send to consulates. The pushing back of I130 processing times for F2A is a good indication of it.

As we speak, in Mar 2012, a good 6 months after FY 11 is complete, DOS is yet to issue its annual report on FY 2011 on its family immigrant visa issuance data and a good reason is they are trying to fudge numbers and make their org look nice despite not utilizing the allotted 89000 visas allocated each year, which goes waste if not used in an FY.

Also, by regulation in a FY, the visa office allocates 25% of visa quotas to each quarter. Hence by Mar, end of second quarter, atleast 50% of visa quota should have been used.Not reaching the target would invariably make the PD jump in requirement to get close to the quota in the coming months to FY end in Sept, when the new quota kicks in. A 2.5 month jump in Apr is a fair indication of it.

All considered, processing time in USICS moving to Jan 2011(VSC) and Jun 2011(CSC) for I130 family based, a good year lag time, and an avg processing time of 3 months by NVC, I believe NVC is moving towards getting the PD close to 2 years from the current visa bulletin. Also given that we are coming to the last two quarters of the FY, and NVC having requested documents from beneficiaries for 2010 PD, as late as Dec 2010, there seems to be a strong possibility of movement to cover 2010 PDs in this year. I believe May - Sept would see longer strides in PD movement and hopefully would see PD of Dec 2010 by Dec 2012 visa bulletin. As always, it is a guess.

While members of this forum are contemplating on sending mail to Senators for introduction intermediate visas such as W visa as suggested in HR 3119, Irish people are lobbying to have their quotas of visas introduced as a tag along for the senate version of the HR 3012 bill. No one would care for F2A issues if the stakeholders themselves ignore bringing the law makers to attention on what is happening. Would any take action now or just hope?

http://www.visajourney.com/forums/topic/336198-transparency-and-cis-bureaucracy/

VB out! What a bummer!

FX 22-March-2009

F2A 22-April-2009

Category India Most Other Countries

------------------------------------------------------

F1 15-October-2004 15-October-2004

FX 22-March-2009 22-March-2009

F2A 22-April-2009 22-April-2009

F2B 8-September-2003 8-September-2003

F3 1-November-2001 1-November-2001

F4 15-August-2000 15-August-2000

E1 Current Current

E2 1-January-2009 Current

E3 8-August-2002 1-February-2006

EW 1-August-2002 1-February-2006

E4 Current Current

From Mumbai Consulate - http://mumbai.usconsulate.gov/cut_off_dates.html

While we wait for the VB to be published by the DOS, please take a moment to realize that all of us visiting this forum is anxious, not only because of the slow movement, but the inexplicable non transparency of DOS/NVC leading to jump on rumors and hear says. A lot of things are happening behind the scenes like

1. HR3012 - Removing country cap for EB applications + increasing country cap from 7 to 15% for FB. Note this is not a law YET. It hasnt passed the Senate nor is being brought up in Senate, possibly because of intense lobbying by conflicting groups on various amendments or tabling this proposal entirely. How it affects us? With country cap removed and FB moving to 15%, there would be lesser visas for rest of the world or under subscribed which translates to more wait time.

2. Allocation of visa numbers based on consumption. Jan 2012 is second quarter for visa allocation numbers. I along with you all read some member reporting his contact with NVC suggesting 2010 PD may be current sooner. There are some activity related to people with Dec 2010 PD getting AOS/ IV fee bills? Not that I am implying it would translate to sudden movement, but the fact that there is no FY 2011 visa issuance report and combined with FY 2012 quotas may require filling up faster too.

Nevertheless, it indicates, all issues are more attributed to non transparency and lack of voices to suggest to legislators on the requirement of intermediate visas while beneficiaries wait out the PD dates. While all the more, it is a cause of distress to look at unexplained slow movement of PD, think for a minute to write to authorities to demand for more transparency in terms of visa usage numbers called "demand data"- that DOS publishes almost every month for EB visas, thus reducing anxiety in terms of what can be expected. For more details refer this thread - http://www.visajourney.com/forums/topic/336198-transparency-and-cis-bureaucracy/

Also while HR3012 is in Senate, take some time to write to Senators to press for intermediate visas. Without voice, there wont be any action, rest assured!

My 2 cents on the issue http://www.visajourney.com/forums/topic/336949-january-2012-visa-bulletin-prediction/page__view__findpost__p__5038100

I WANT TO QUESTION ABOUT THE IMPACTS OF HR 3012 ON COUNTRIES LIKE INDIA (LESS SUBSCRIBED).????? I HAVE MY OWN PREDICTION THAT IT WONT AFFECT TOO MUCH BCAZ CUT OFF DATES FOR MAXICO AND REST OF THE WORLD ARE VERY NEAR.....BUT IF 15% ALLOWED THEN F4 IN INDIA IS OVERSUBSCRIBED SO MOST OF THE VISAS WILL BE ALLOTED TO F4 AND NOT TO F2A IN INDIA.....WHAT DO YOU SAY GUYS?

Well analyzed and agree that HR 3012 is not a helpful change at least in the family based immigration, at least for the under subscribed countries. One important facet that I would like to point out is that the country cap does not just include FB but along with EB. Even with that in the context, more than the amount of visas issued, the lack of transparency on the part of DoS is what aggravates the issue. Look at the thread in http://www.visajourney.com/forums/topic/336198-transparency-and-cis-bureaucracy/page__view__findpost__p__4975622. I had compiled the visa statistics issued by DoS that bodes well for FB visa issuance and how lack of data other than the single report every YEAR allows DoS to fudge numbers so as to portray an inept organization as doing a better job that it does, because of the flak it received about visa wastage over the years.

Jan 2012 begins with the second quarter of visa allocations for the FY and with HR3012. It is understood that January visa allocation signifies its allocation of visas for the first month of second quarter of State Department visa allocation rules. State Department is required to first allocate the numbers quarterly for a fiscal year. Hence it would set the tone for what stakeholders can expect for this quarter and would be publishing the visa number usage for FY 2011 as well.

NO. Its absolutely wrong wat u said above.

226000 visas is a total number will remain the same for all the categories under family immigration.

Where, the approximate numbers are:

F1 = 23,000

F2A = 89,000

F2B = 23,000

F3 = 23,000

F4 = 65,000

According to ur logic, F1, F2B and F3 will get 46,000 numbers for a year, which is NOT TRUE.

7% cap was made to control the distribution system where all the countries get the equal benefit by the rule.

Bcoz, mexico and phillipines have a large number of applicants as compared to rest of world countries.

If they dont hold restriction on per country limit cap then u will find that mexico alone absorb all the numbers in any category and the dates will move hardly 3-4 months in a year where all the visa will be allocated to mexico or phillipines where thousands of applicants standing in a queue sharing the same month of pd. To facilitate the system on fair grounds and generate the equality, USCIS ruled the 7% cap limit on every country.

What the problem is rising right now is that:

by increasing the cap size from 7 to 15, mexico and phillipines got some relaxation in numbers and the waiting numbers gt released with good pressure its like opening the tap to increase the water pressure.

1. 7% of 23,000 visas in F1 = 1610 numbers. (It means that no country will get any extra number beyond this limit) i hope u understood now by this calculation.

2. 15% of 23,000 visas in F1 = 3450 numbers. (It means that no country will get any extra number beyond this limit)

BUT, the problem has take place from this idiotic decision where the rest of the world countries were enjoying 23,000 - 1610(Mexico)+ 1610(Phillipines)= 19780

numbers to be distributed among all countries .......

NOW, the rest of the countries will get 23,000-3450(15% mexico)+3450(15% phillipines) = 16100 numbers for rest of the world

(its a huge difference between 19780-16100=3680 more numbers and these 2 countries will absolutely consume these numbers to utilize according to their new

right to claim those numbers)

3. USCIS not increasing the total number but on contrary they have cheated with all the countries by sharing our share to serve these two countries to clear the

huge backlog of many years.

4. If they really wana do smthng good for human beings then they should increase the total numbers rather than creating a more stringent process and the pain

will become more longer, in this way:

The total waiting times will become: F1 = now it takes 6-7 years then it will take upto 10 years to get current

F2b = Now it takes 7-9 years then it will take more than 10 or 11 to get current

F3 = Now its already being pathetic the waiting times are increasing from past 5 years and right now the waiting time

is somewhere 9-10 years and then it will take more than 14 years

F4 = Now its takes 10-11 years then it will take more than 13 to 14 years.

Picture is dark and has no color at all for further processing and people will suffer with extra pain to join their loved ones.

I hope, u people understood this pathetic and mysterious trump card played by USCIS. lolzz best of luck to u all .....

NAME----------------------PD-----------NOA2------CASE COMPLETED----------INTERVIEW

MARGA14-----------------16FEB09------16FEB10---------23NOV10-------------19DEC11

SIGBIN------------------17MAR09------XXXXXXX---------XXXXXXX-------------28DEC11

CHINCHINCHU-------------17MAR09------XXXXXXX---------XXXXXXX-------------28DEC11

REDROSE1----------------19MAR09------XXXXXXX---------XXXXXXX-------------05DEC11

YOUSSEFSOSO-------------16APR09------09AUG10---------27DEC10-------------

NIGERIAN BEAUTY---------19APR09------XXXXXXX---------XXXXXXX-------------

HAIDERNASEEB------------10MAY09------XXXXXXX---------XXXXXXX-------------

BOKBOK------------------11MAY09------XXXXXXX---------13JAN11-------------

VISABULLETIN------------12MAY09------13AUG10---------23NOV10-------------

NITOLEX06---------------17MAY09------XXXXXXX---------XXXXXXX-------------

JOSED-------------------03JUN09------XXAUG10---------16DEC10-------------

A WOMAN-----------------14JUN09------19AUG10---------JAN2011-------------

STUDMUFFIN--------------02JUN09------11AUG10---------10NOV10-------------

CARDILENE---------------18JUN09------XXXXXXX---------XXXXXXX-------------

KISHOREV1---------------24JUN09------XXXXXXX---------XXXXXXX-------------

CATABDPUPPY-------------28JUN09------15AUG10---------27DEC10-------------

GEET--------------------12JUL09------20AUG10---------12NOV10-------------

VISABULLETIN861---------16JUL09------XXXXXXX---------19DEC10-------------

HOMER4ALL---------------24JUL09------13SEP10---------24NOV10-------------

RICKY80s----------------27AUG09------XXXXXXX---------XXXXXXX-------------

KELI27--------------------AUG09------XXXXXXX---------XXXXXXX-------------

EDDYMVP-----------------07SEP09------31AUG10---------05NOV10-------------

M&M BA------------------16SEP09------XXXXXXX---------XXXXXXX-------------

HUNNY28-----------------17SEP09------17SEP10---------08JAN11-------------

WALU--------------------23OCT09------??AUG10---------08DEC10-------------

JELARU------------------29OCT09------XXXXXXX---------26JUN11-------------

PILAPILA----------------30OCT09------XXXXXXX---------20OCT10-------------

VISAPETITION------------24NOV09------XXXXXXX---------04DEC10-------------

ARMAN81-----------------29NOV09------XXXXXXX---------XXXXXXX-------------

OTIENO------------------30NOV09------XXXXXXX---------XXXXXXX-------------

BLACKPEAL---------------19DEC09------XXXXXXX---------XXXXXXX-------------

NELA--------------------02FEB10------15SEP10---------09DEC10-------------

MARIEV------------------05FEB10------XXXXXXX---------XXXXXXX-------------

MA^KHALI----------------03FEB10------XXXXXXX---------XXXXXXX-------------

CHITAGGONG--------------04FEB10------13SEP10---------15DEC10-------------

WGHABOUR----------------10FEB10------XXXXXXX---------XXXXXXX-------------

BADR7-------------------17MAR10------XXXXXXX---------21APR11-------------

MUKHTAR-----------------21MAR10------XXXXXXX---------XXXXXXX-------------

LEEPEE------------------25MAR10------XXXXXXX---------24JAN11-------------

ALI-KHAN----------------04APR10------XXXXXXX---------XXXXXXX-------------

OPTIMA------------------15APR10------17SEP10---------20DEC10-------------

FLINT35-----------------21APR10------XXXXXXX---------XXXXXXX-------------

I-JAYR------------------29APR10------XXXXXXX---------XXXXXXX-------------

RANI111-----------------23MAY10------XXXXXXX---------22MAR10-------------

HOUSTONIAN--------------24MAY10------09SEP10---------09DEC10-------------

JIMMYJIMBO--------------17JUL10------19NOV10---------28FEB11-------------

WACKYWAXX---------------28JUL10------10DEC10---------23MAR11-------------

MYSTERYBOY--------------01AUG10------XXXXXXX---------XXXXXXX-------------

KAS17-------------------05AUG10------XXXXXXX---------XXXXXXX-------------

AMAZIGH1990-------------09AUG10------07JAN11---------25MAR11-------------

FASHIONDOLL-------------14SEP10------12DEC10---------04FEB11-------------

WHAT CAN I DO-----------17SEP10------XXXXXXX---------XXXXXXX-------------

NEWBIE------------------23SEP10------XXXXXXX---------XXXXXXX-------------

LADYDARE----------------27SEP10------19JAN11---------07SEP11-------------

JOE12-------------------29SEP10------XXXXXXX---------XXXXXXX-------------

YLSHENAIRE--------------01OCT10------09MAR11---------XXXXXXX-------------

JERIH-------------------04OCT10------26FEB11---------XXXXXXX-------------

MXJOH29 ----------------15OCT10------18MAR11---------30AUG11-------------

WENG2930----------------17OCT10------18MAR11---------XXXXXXX-------------

KAMIMITSU---------------28OCT10------XXXXXXX---------XXXXXXX-------------

IK2011------------------01NOV10------XXXXXXX---------21JUN11-------------

KAKA35------------------22NOV10------12MAY11---------19JUL11-------------

SENMARLEY---------------23NOV10------XXXXXXX---------XXXXXXX-------------

MAYA--------------------03DEC10------17MAY11---------

F2A---------------------07DEC10------XXXXXXX---------

LISTERIA----------------09DEC10------31MAR11---------

KHAIR-------------------10DEC10------XXXXXXX---------

JULLIETA----------------12DEC10------26MAY11---------

BLOVEB------------------19DEC10------11MAY11---------

JHP---------------------23DEC10------11MAY11---------

INTERESTING-------------23DEC10------20MAY11---------

MAMTEP------------------11JAN11------15JUN11---------

KEVINJJ-----------------12JAN11------20JUN11---------

CAZY888-----------------09FEB11------23MAY11---------

SKY701------------------09FEB11------XXJUN11---------

MIRAYA------------------18MAR11------21JUL11---------

KUMBAHARA---------------01MAY11------17OCT11---------

MAY2011PD---------------05MAY11------

GUNSMOKE----------------01AUG11------

I also found out the the December priority date for FX is 2/8/2009.

The INA laws suggest that out of the 88K visas available in the F2A preference, 75% is exempt from numerical limitation(around 65K visa) of 7% per country quota. So FX refers to the priority date irrespective of whichever country the beneficiary may belong to. See this link (http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of.pdf) for details.

Of course if you are not from Mexico, you may be interested in the current practices of DOS http://www.visajourney.com/forums/topic/336198-transparency-and-cis-bureaucracy/

I am not sure on the technicality of more amendments in the house for HR3012. The companion bill in the senate is IMHO a way to cut down on discussions related to the bill so that either can be given a green light.If you look into the proceedings of HR3012, you can see the sponsor Jason Chaffetz assert that his bill merely changes the distribution of the allocation of visas and neither adds or removes more visas. While a temporary W visa fits the outline, when Congresswoman Zoe Lofgren introduced such amendment, it was disregarded as not being germane to the bill.

Both on the house and senate committees of judiciary, few senators call the shots on policy changes and majority of the congress votes along the party lines. Iam all for writing to senators/congressmen. On the senate committee, Charles Schumer of NY, John Cornyn of TX have a lot of say and on the house floor Zoe Lofgren, Lamar Smith and the sponsor of the bill Jason Chaffetz would have more say on what gets tagged along.

This thread contains the contact info for them http://www.visajourney.com/forums/topic/328932-wake-up-f2a-fellow-members-and-send-this-draft/page__st__135__p__4944982#entry4944982

Often I have noticed, apart from meeting in person, writing to them through snail mail evokes more response than canned email or petitions. I have communicated with Lofgren before and she understands the process being an ex immigration attorney. Hence the need to make sure her bill HR 3119 to be discussed on the immigration subcommitee and possibly inform the senators on the shortcomings of the current process.

Just read the news that they introduced a new bill in Senate S 1857 which may be a companion bill to the H.R 3012. Is there a way to request congressmen/senators to at least add an amendment to this bill i.e., granting the Temporary 'W' visa to the spouses and minor children of GC holders? I live in NY/NJ area and I am willing to meet congressmen personally in my area.

Kumbahara and/or other experts, please weigh in with your thoughts.

Well, one can modify the quote of "The world works in mysterious ways" to "CIS works in mysterious ways"! If such a hypothesis stands true that F2A petitions for India/China are dragged below because of EB petitions, think again. Such a farce is across the board on ALL low demand countries. But any hypothesis can only be true, if we know more information on a month by month basis or a quarterly basis at the least. Hence the plea for the members to contact CIS Ombudsman for demand statistics for family based petitions

I would appreciate your comment even more if the many people who have viewed this topic to write a simple email as directed in the thread, just to demand show us the demand statistics! (http://www.visajourney.com/forums/topic/336198-transparency-and-cis-bureaucracy/)

While, if and when HR3012 passes, it would be even more longer for most of the members who visit this forum because most of the the F2A visas are already exempt from numerical limitation. Also its a good indication that F4 numbers are consistently higher than F2A issuance, its clearly because of spillovers and not because of visa quotas being exhausted.

Unfortunately, it seems like with HR 3012, things arent going to improve, rather go downhill for F2A hopefuls!

Agreed. So we should oppose HR 3112.But..But..

1) I heard the total 7 % country limit is for both Employment and Family based combined. That is 7 % of 366,000(140,000 + 226,000) which is 25,620 that India/China should get in total/year. But India and China exceed that limit in EB based visas. Is that the reason they are not able to process India/Chinese Visas for F2A? So with H.R 3012, the EB limit will be gone and the 15 % per country means 15 % of 226,000 which is 33,900. Probably then there is a chance of DOS/USCIS processing more India/Chinese appplications at the consulates.

I am just guessing and I am not even sure if my assumption is valid.

Thanks Kumbhara for your awesome work. I appreciate it.

To understand the implications of HR 3012, you need to understand how the current process of visa allocation works. The DOS - Visa Office headed by Mr.Oppenheim releases the visa bulletin, based on the numerical limits prescribed by the INA laws and its amendments. It states for F2A, 75% is exempt from numerical limitation and thereafter 7% per country quotas should be followed. If you look at the attachment, F2A data, you can clearly make out more than 50-60% of the total 88K+ visa - visa wastage is allocated to Mexico and closeby latin american countries. In 2010 it was close to 73%, 2009 around 60%. The 2011 data is unavailable owing DOS not releasing the yearly visa report. (http://www.visajourney.com/forums/topic/336198-transparency-and-cis-bureaucracy/)

So all in all, an increase in the country quota might only benefit if the beneficiary belongs to Mexico and the rest of the world would see a longer wait time or slower cutoff date movement if the current setup is followed by DOS. Imagine the security check line at the airports. The long winding queue that leads to the counter for ID verification. DOS Cutoff dates, tries to limit the number of the people entering the serpentine queue. But each of the counter may be thought of as individual consulates in different countries.Because of a demand from Mexico and close by latin american countries, DOS only advances cutoff dates to fill the serpentine queue irrespective of how the movement is at the counter. Hence for low demand countries (for F2A specifically), like India, there are no sufficient cases that correspond to the cutoff dates and hence either waste the visa or spillover to other categories like F3,F4 etc. The F2A data document in the link for other thread illustrates this very shortcoming.

While many members of this forum like to believe "Ignorance is bliss", the very justification or process of establishing the cutoff dates are a bane to low demand countries and is not even a fair means of distributing the visas based on consumption and hence will always result in wastage. HR 3119, if it sees the light of the day, has better provisions in terms of visa wastage recapture and rolling over the wasted visas to the subsequent year quotas as well as temporary "W" visa while beneficiaries wait out the flawed visa allocation mechanism.

Good, I have posted it in a new topic so every Member can find it and support it. Please use your Couple minutes to Vote.I think its helpful for all of us.

Thanks bloveb for posting it on a separate thread. I logged in and put it my vote for support too. But I believe more is required of forum members to contact the congressional house judiciary committee members. With the congress winding down for the holidays and working just "109" days for the entire next year, a lot people need to send their communication to members of congress on the need for HR3119 to get through. Please look at the draft and the contact details in this post - http://www.visajourney.com/forums/topic/328932-wake-up-f2a-fellow-members-and-send-this-draft/page__st__135__p__4944982#entry4944982

so, kumbahara do you think sending emails to the following committee members including Lamar Smith, would work?? We dont have individual emails, right? I am thinking of more stress only 'W' visa? that will be helpful for now right. My understanding from your email is, now HR.3119 is referred to the house of judiciary committee. If we send emails requests to the committee instead congressmen, that would be helpful?? what would be the effective way to reach them to present our voice. Please let us know will follow.

Mr. Gallegly, Chairman

Mr. King, Vice-Chairman

Mr. Lungren

Ms. Lofgren

Mr. Gohmert

Ms. Jackson Lee

Mr. Poe

Ms. Waters

Mr. Gowdy

Mr. Pierluisi

Mr. Ross

Mxjoh29, sending email is a problem unless the person sending email actually belongs to the district these congressmen/women got elected from. Else, the only other way to reach them is in person or through snail mail,at their contact address. While everyone looks for online petitions as the "easy & cost free" alternative, its hard to reach congressmen belongign to immigration subcommittees. I myself have written many snail mails to them. If you are in D.C and can make an appointment in person, that would good. Else, I feel the best way to make comments heard is snail mail. Its crucial to reach Ms.Lofgren, Mr.Lamar Smith who is the chairperson.

Also note, HR.3012, which passed earlier this morning includes a provision to increase the family based per country limits from 7% to 15%. I would say, unless the beneficiary is Mexico, all of us are going to see longer wait times, if that bill passes. We need HR 3119 to pass for the W visa and recapture of wasted visas.

It is also essential to reach out the CIS administration, from CIS Ombudsman and Dept of State - Bureau of Consular Affairs - Visa Division to make our case heard of one hand visa bulletin stating demand while on the other hand, spilling over F2A visas to F3 and F4 categories. I am hoping if members contact the CIS officials, atleast there would be some impact in terms of increased transparency.

I will take care of DC list provided by kumbahara. Also, contact your local congressmen in your respective states. that would be helpful. I want to stress more on 'W' visa at this time.

Thanks Mxjoh29. Immigration, atleast legal immigration is a non starter amongst congressmen and senator these days. Unless, the congressmen are from the House Judiciary Committee and subcommittee on Immigration like Congressman Lamar Smith of TX, Zoe Lofgren of CA or Senate Judiciary committee members like Sen Charles Schumer(NY), John Cornyn (TX), majority vote along party lines and dont care much about changing any legislation. At least HR.3119 is referred to house judiciary committee on immigration, controlled by house committee on immigration (http://judiciary.house.gov/about/subcommittee.html). The strength is not with an individual, but at least a number of individuals demanding their attention towards the cause.

Most will read the meeting notes and get confused. Instead of asking/instructing individuals to send single letters.. Why not DRAFT a petition... Have it signed and send it off

Petitions are looked as canned spam mail IMHO. How much time will it take for petitioners to mail one piece of snail mail, for sure to atleast indicate enough reason than all going in as a petitioner, possibly marked spam and disregarded. If stakeholders are willing to wait years, wont sending a few piece of mail not help?

Also I havent taken time to research setting up petitions and one cannot email but select congressmen/women with that the petitioners belonging state/district.