SusieQQQ

Of course it’s overstay, and was a problem since the day she turned 18 (minors don’t accrue unlawful presence) unless she had another legal status to stay on. Do any of the rest of the family have overstay issues or is it just her?

Ok, that definitely changes things, so he’s F1. Well as it turns out F1 too has been stuck at the same date for at least the past year, however there’s only two weeks movement needed for you to get current if it’s F1 and one has to assume that will happen sometime in the next 5 years at least! So you should be ok.

Is your dad not married? I think both jan22 and I assumed he was.

@jan22 great analysis, except that you must have looked at table B in the latest VB because it is in fact still stuck at 22 March 2007 where it’s been all year. So there has literally been zero advancement. This is because of all the covid issues, first the embassies closing, then the trump ban on various categories including this one, then the priority given to other categories when embassies reopened, all contributing to massive backlogs in especially F3 and F4. Although the priority tier ranking is no longer in place, there is clearly still such a backlog - and with many embassies are still not operating at full capacity (they are getting a total of about half the immigrant visas done per month at present than pre-covid) - that they are not yet able to move PDs forward because they’re still clearing the existing queue.

Oh, and the exception isn’t a free pass either. I was wondering about students etc coming unvaccinated but seems they’ll need to do it after arrival -I guess as the exception only being because it’s not available and obviously once you get to the US, it is. https://www.cdc.gov/coronavirus/2019-ncov/travelers/proof-of-vaccination.html#noncitizen If you travel by air to the United States under one of these exceptions, you will be required to attest that you are excepted from the requirement to present Proof of Being Fully Vaccinated Against COVID-19 based on one of the exceptions listed above. Based on the category of the exception, you may further be required to attest that: You will be tested with a COVID-19 viral test 3–5 days after arrival in the United States, unless you have documentation of having recovered from COVID-19 in the past 90 days; You will self-quarantine for a full 5 days, even if the test result to the post-arrival viral test is negative, unless you have documentation of having recovered from COVID-19 in the past 90 days; and You will self-isolate if the result of the post-arrival test is positive or if you develop COVID-19 symptoms. Depending on the category of the exception, if you intend to stay in the United States for longer than 60 days you may additionally be required to attest that You agree to be vaccinated against COVID-19; and You have arranged to become fully vaccinated against COVID-19 within 60 days of arriving in the United States, or as soon thereafter as is medically appropriate.

It doesn’t sound like the exemption covers visit visas anyway. The link above, under exemptions, says Excepted Covered Individuals: Persons on diplomatic or official foreign government travel Children under 18 years of age Participants in certain COVID-19 vaccine trials Persons with medical contraindications to receiving a COVID-19 vaccine Persons issued a humanitarian or emergency exception Persons with valid nonimmigrant visas (excluding B-1 [business] or B-2 [tourism] visas) who are citizens of a country with limited COVID-19 vaccine availability (Table 4) Members of the U.S. Armed Forces or their spouses or children (under 18 years of age) Sea crew members traveling pursuant to a C-1 and D nonimmigrant visa Persons whose entry would be in the U.S. national interest, as determined by the Secretary of State, Secretary of Transportation, or Secretary of Homeland Security (or their designees)

Yes. Through bodily fluids passed at birth, not because it’s “hereditary”.

CDC is the body that determines what is and isn’t a medical ineligibility for immigration so you might be interested in their take on the matter. https://www.cdc.gov/hepatitis/hbv/index.htm

What ties to the Philippines does she have?

The official Dept of State page indeed says they are of no consequence. https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html Note: Visa applicants must qualify on the basis of the applicant's residence and ties abroad, rather than assurances from U.S. family and friends. A letter of invitation or Affidavit of Support is not needed to apply for a visitor visa. If you choose to bring a letter of invitation or Affidavit of Support to your interview, please remember it is not one of the factors used in determining whether to issue or deny the visa.

OP lists their state as Minnesota. Didn’t see that the parents were planning to live elsewhere? What kind of work? It seems to me that generally insurance through an employer is cheaper than elsewhere, especially if you don’t want big deductibles/out of pockets. Looking further out, do you think at least one of them would be able to work 10 years (in a job paying Medicare /SS taxes) to get maximum Medicare and social security benefits? https://www.hhs.gov/answers/medicare-and-medicaid/who-is-eligible-for-medicare/index.html https://www.ssa.gov/benefits/retirement/learn.html (with healthcare costs for the elderly, medicare is probably the more important consideration, im guessing you can support them if necessary if they don’t meet the social security threshold)

I’m not sure that’s going to change their minds about giving her a visa, but good luck.

Its a how long is a piece of string question. Really depends on the specific individual and what the concerns are.

She will have to reapply from the beginning. What has changed since her last application that she thinks will raise the chance of being granted a visa this time?

Thanks for the clarification.

In immigration terms, is it though? Isn’t there a waiver available? (Though I guess the attorney would have mentioned it. Maybe.) (vs there being no waiver for claiming ti be a citizen, for example)

Your answer is condescending and totally unaware of where i come from, what my family history is, or what me or my family might have gone through in the past. Fact: no one is entitled to immigrate to the US. Fact: people can and do make decisions about whether immigrating to the US is more important than leaving family behind. Fact: if you don’t like the current laws, you can waste time complaining about them on the internet, or try get something concrete done to change them. And finally, FACT : I feel immensely privileged to have been able to immigrate to this country and become a citizen.

Or she could apply to adjust status after she moves to the US. I’m not sure of the technicalities involved in changing from one to the other. But depending on timing, she could well get her geeen card faster by leaving the interview at the embassy in Manila as the adjustment of status process can take quite a long time.

Interesting to know how they got the cases number, afaik that isn’t published separately. Again I suspect that was a calculation error. The published waiting list includes derivatives. And yes people marry and divorce and children get born and children age out and petitioners die and beneficiaries die, and I think mostly it’s all a wash for the existing waitlist. The issue comes as the waitlist grows every year as more petitions are added. The country limits are currently being hit by India (to a smaller extent) and Mexico and Philippines (to a greater extent). Not China for quite a long time now, as i suspect the effects of the one child policy on limiting potential immigrants is playing out. I should think it would be an exceptionally long time before Nigeria hits it, given how many other high immigration countries have not hit quota, 7% of all immigrants is a big target after all.

Visa priorities and properties are enshrined in law in the INA. If it is something you feel strongly about, then you can petition your congressmen and senators to change it. Also as a reminder - no one is forced to come to the US. Immigration is both a privilege, and a choice for those who immigrate. There are indeed people who choose to remain in their home countries rather than immigrate without particular family members, regardless of their age. That’s an individual choice based on one’s own priorities.

No one can say with any certainty when your petition will be current. You have about 5 years 5 months (depending on your exact birthday) of protection under CSPA. This means that the petition will need to be current before you turn 26 years 5 months (again exact birthday will make this more exact) for you to be protected under CSPA.

Even if the wording of 204 c is such that it refers to only marriage or employment, such a person would be found inadmissible for any immigrant visa under INA 212(a)(6)(C)(i). INA 212(a)(6)(C)(i) provides that "any alien who by fraud or willfully misrepresenting a material fact seeks to procure (or sought to procure or has procured) a visa, other documentation, or admission into the United States or some other benefit provided under" the INA is ineligible.

See what I posted above. I don’t know about VAWA but definitely not diversity visa. If there is a fraud ban, it will not be overcome.

I suspect that calculation was a straight calculation of waiting list x 1.5 /annual quotas? . It sounds like they may not have accounted for the fact that listed derivatives on the Petition are already in the numbers. You need to take the country limit quotas into account as well.

If it is a problem with the sponsor being unable to sponsor, then yes. If it is an inadmissibility on the part of the foreign citizen, then the attorney doesn’t know what they are talking about. DV is subject to the same inadmissibilities as any other immigrant visas and the rules specifically state: INELIGIBILITIES 34. As a DV applicant, can I receive a waiver of any grounds of visa ineligibility? Does my waiver application receive any special processing? DV applicants are subject to all grounds of ineligibility for immigrant visas specified in the Immigration and Nationality Act (INA). There are no special provisions for the waiver of any ground of visa ineligibility aside from those ordinarily provided in the INA, nor is there special processing for waiver requests. Some general waiver provisions for people with close relatives who are U.S. citizens or Lawful Permanent Resident aliens may be available to DV applicants in some cases, but the time constraints in the DV program may make it difficult for applicants to benefit from such provisions.