courageous girl

Mark my friend, thanks a bunch! That's really helpful in dealing with such lawyers.

Of course he ll never make such a contract

Yes irrespective of the type of emergency , NVC is not able to expedite the immigrant visa petition until the PD is current.

Thanks! Ok I get it. At least we dont fall in trap of the lawyer, telling us to get my brother here in 3 years instead of 10!

Well let me explain a bit more

Base on December Visa bulletin , the current PD for F3 category is December 2003 so that's mean the filers from 2003 have been waiting for around 10 years to get their cases processing and get their interview.

It's 2014 now and they are processing the 2003 cases as you can see the 3rd preferences is not fast.

It's true that you can expedite the case at USCIS but it will only help reduce the approval time like from around 5-8 months to 2-3 months varies by the service centers , then after the approval the case will then transfer to NVC and at this point NVC will only process the case once the PD is nearly current or current and you cannot expedite the case at NVC without PD being current. Once the PD become current let's say you've been waiting for 10 years to get your PD current so NVC will notice to pay fees send in the document and it is likely to take around another 8-12 months to finish the case , at this point you can expedite the case so you can reduce the time to finish the case at NVC faster but only months.

Umm and regard the IR 1 expedite part , the spouses of USC can expedite their case because their category is not subject to visa quota mean that they can have their visa immediately after the case complete and pass the interview ( visa numbers always available for that category ). However your brother is in F3 so the visa numbers are not available for at least around 10 years.

Ok I got it.

So wives expediting cases for their husbands can get it on medical conditions because husbands fall in IR category ,and there's no quota or Priority date restrictions for IR category. But for F3 category, no matter what the medical condition or emergency on earth it is, the priority date has to be awaited for to become current! Is that right?

It means, no matter what medical condition my father has, my brother in Pakistan shall have to wait for PD to become current in usual manner (like 8-10 years) and cannot come to US before that! Plz confirm me.

Though I still wonder what the lawyer was thinking!

Well i'm sorry to say but the case cannot be expedite , your brother is over 21 so he will be in F3 category as you see it's the 3rd preferences of family visa category and the F3 category itself subject to visa quota , you can only expedite the case when the Priority Date is current but that is not going to be fast as it's 3rd preferences.

Thanks Phillip my dear friend!

It means the attorney is just trying to get case in his hands for his fees? Because he told us that he can get case expedited in 3 years time if we give him a good medical reason!

When does Priority Date become current? If my US national handicapped father needs help from his son, cant the date become current faster? No such flexibility in the process due to medical conditions? Actually I have heard wives requesting expedites for husbands in IR category. Thats y im anxious to know.

Also I would like to understand why the attorney then said like that.

Father can go back anytime. There's no restriction or limitation. As he has other children in US too! But issue is that he wants to get my brother n his family in Pakistan to US too with him!

When does a visa number becomes current? I mean, what;s the average/ generally known duration in such cases of father sponsoring married son n family?

Your Father is back in the US?

No hes not yet! But he can go just before he should! I mean may be few months before my brother's visa is supposed to be approved? So wat are ur thoughts on this expedite scenario based on medical condition of my father?

It is no use to contact the congressmen for help , it needs to start over.

To answer your question ,

1. Your father don't have to be in US to petition him but he must show that he is tied to US.

A U.S. citizen or legal permanent resident petitioner who is not domiciled in the United States can not sponsor. The law requires that sponsors be domiciled in any of the states of the United States, the District of Columbia, or any territory or possession of the United States.

He can show that by declaring that he has properties and he is temporarily in Pakistan, etc.

I'm afraid that he will have to be in US in this situation , please provide more info so we can help like his Employment status , properties..etc

2. IF he is over 21 then the processing time will be long and as you mentioned he is married and has a kid. Having your father petition him will be marginally faster ( slightly faster ) but still it will take around 10 years.

He can get his wife and his kid with him to the US , make sure to add them to the derivatives so they can get follow to join benefits.

Phillip:

In above case of option 2: can the case be expedited to 2-3 years time instead of 10 yrs if a medical condition is given, that my father needs help in US and he needs his son with his family in US? P.S.: My father has other adult children as US citizens in US as well. But can we prove that they are busy and cannot help my father, and my father just needs his son in Pakistan to be in US with him to take care of him?

Is it possible?

Hi friends!

Regarding my brother's immigration(married with a kid and in Pakistan) through my US national father's sponsorship (Immediate Relative), here's an update:

We have been told by an attorney in US that the case can be expedited if a good medical condition is given to USCIS. As I mentioned before, my father is handicapped, and he shifted to Pakistan due to his medical condition few years back. My brother also shifted with him to Pakistan and now his Green card has expired. And now my father wants to sponsor him (via the Immediate Relative Category), and the lawyer says that the case can be expedited to 2, 3 years time (instead of the usual time of 7-8 yrs) if a good medical reason is given!

My question is that does the lawyer make sense? I mean, the medical condition is of my father. So if we state that my brother came to Pakistan and stayed here with my father, as my father needed help in Pakistan (because father is disabled and on wheel chair). So is this medical condition valid for an expedite? (Yet alone for 1 2, 3 years time line for the case?)

P.S. My father has other adult independent children in US as well.

Plz advise/ suggest. Thanks!

keep in mind that form DS 261 (choice of representative) indicates that you have an attorney who is supposed to follow up with your case. When you say (should I contact the visa center and do this or do that?) you may cause a contradiction and confusion in the NVC due to the fact that there are 2 request being submitted at the same time from 2 different tracks( you and your lawyer) and the NVC processing folks will be confused. my advice is that since you assigned a lawyer just (and only) keep in contact with him/her and push them to follow up with the case and stay away from contacting the NVC so you don't complicate a simple issue. and about the trust issue, it doesn't make sense. a lawyer will do his or her job once paid, the only difference is wither the lawyer is good and smart or not and as a result the success or failure of a case.

just wait for the DS260 to open on line and do the changes.

good luck

Thanku Homer!

I think u r very right! We should ask the lawyer to send us the copy of the email to NVC or we should call NVC to get confirmation of any email got from the lawyer for corrections!. Thanku so much!

that's not a problem, the attorney has to contact the visa center to do the corrections, the visa center states that if you do a mistake and the application was submitted before correction you cant correct it on line anymore, you (or your agent *the attorney*)will have to contact the visa center personally to correct it.

hey, the latest is that the lawyers secretary got into contact after 4 days and told us that she has sent an email to NVC, requesting them to allow her to make changes in DS 260; but she did not tell them on email what changes need to be done!

She said she'll keep checking for DS 260 to become editable online again!

Now I want to ask ur opinion about what else can be done. We dont want to trust her. Can we also send an email to NVC on our behalf that we are not able to contact our lawyer yet, and these are the changes which need to be done. Can a double email be a problem for the case? What do u think?

We submitted DS 260 on 6th October, and now its 28th October.

if NVC has started reviewing the case, then they may not accept any changes and ask us to communicate at embassy. So can embassy put the case in (God Forbid) AP because of the additional info provided to them during interview?

http://www.visajourney.com/wiki/index.php/NVC_Process

If the information is required she can update the consulate at interview with any information they require. She won't be able to update or change the dS-260

Yes, thats rite, info can be given during intreview too.

But worrying point is any risk of delay in the process due to this cause. Any ideas?

Congratulations to all who have recently been issued visas. My husband arrived in the US on October 8th and has been adjusting nicely. We are praying for all of our brothers and sisters in AP...hang in there.

Congrtas Janetusman!

Not everyone fills out previous work or education on the ds-260. On our NVC process wiki there is a link that shows how the form changes per person.

For instance I did not have to enter any previous work information.

Hi NLR

Thanks for valuable input!

1- But on my sister's G 325 A form submitted to USCIS few months back, all the 7 years previous work experience has been mentioned! So wont it be a discrepancy between the 2 forms (260 and G325A)? I have read many times on US Govt. sites that information should be consistent across all forms.

2- Also another small mistake of not mentioning previous address where my sister was born! The current address mentioned on 260 is my sister's current address since the age of 3. But the lawyer has put that she lives here since she was born! (The previously submitted G325A has the info of both addresses!)

3- Also, can u plz share the link of NVC process wiki where this is mentioned (the form changes per person)?

Thanku!

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

(Instruction for form I-864 - each petition will need an I-864)

Poverty levels (those will change over the years though)

http://www.uscis.gov/i-864p

Thanku buddy! appreciate it!

Hi friends,

Kindly help, its an urgent matter!

My sister has applied for CR1 Spouse visa. We just found out that her agent/attorney in US has not entered my sister's previous Work Info in online form DS 260. But has mentioned only her current work info. However, her previous work info has been duly mentioned already in Form G325 A (also filled by the Agent). The agent has submitted the DS 260 form to the NVC, and has also submitted all required documentation. The form is not editable now online. Plz help what to do in this case? (Its been around 24 days since the fee for visa application has been sent to the NVC). Also the attorney unavailable for few days. So we in panic mode.

Any experience of any member about what is the risk involved in contacting NVC and correcting them about the mistake in DS 260?

Also the fee for application ($325)was submitted around 24 days back. So what are the chances: By now, has NVC started reviewing the DS 260 form or not yet? We have not received any email of case completion yet from NVC.

Will this correction process, and re-submission of corrected DS 260 delay the process of case completion? If yes, then how much delay is expected? I hope they dont put the case at back in the Queue! Kindly give input. Thanks a lot

I understand... Can you please tell me which page is that question in the DS 260? I didn`t see it...

And is it just for people that have entered U.S. before? Because I haven`t.

No its for Spouse visa. And I have no info about page no stuff.

Somebody plz help in advising what are the risks involved of correcting or non-correcting the DS 260 form? Does this risk the case going to AP?

I didn`t enter that information either because the form was not asking for it. Did I miss something or I overlooked? Now I start panicking again

My sister's attorney in US filled the form DS 260 for her. She just happened to review the online form and found out that the attorney has mentioned 'No' in front of the option which asks if the applicant has worked previously or not!

Ds-260 can't be edited once submitted. She can either call NVC or just simply mention it at the time of her interview. Most people usually mention it at the time of interview.

Ok, but what are the implications? Can this error delay the processing of the case?

a) If my sister calls NVC, and tells them, will they delay the sending of the packet to Islamabad embassy?

b) If my sister tells the Islamabad Pakistan EMbassy during her interview about the discrepancy in DS 260 and G325A about her previous work experience, will this make the official put her case in AP for further analysis of the 2 forms?

Also, plz tell which way is better to adopt. Also we are not sure whether the packet has been sent to Pakistan embassy by NVC or not yet. The application fee was deposited around 20 days back. and packet was submitted by my sister's attorney.

Hi friends,

Kindly help, its an urgent matter!

My sister has applied for CR1 Spouse visa. We just found out that her agent/attorney in US has not entered my sister's previous Work Info in online form DS 260. But has mentioned only her current work info. However, her previous work info has been duly mentioned already in Form G325 A (also filled by the Agent). The agent has submitted the DS 260 form to the NVC, and has also submitted all required documentation. The form is not editable now online. Plz help what to do in this case? (Its been around 20 days since the packet has been sent to the NVC).

Any experience of any member about what is the risk involved in contacting NVC and correcting them about the mistake in DS 260?

Will this correction process, and re-submission of corrected DS 260 delay the process of case completion? If yes, then how much delay is expected? I hope they dont put the case at back in the Queue! Kindly give input. Thanks a lot

Mark i think the father is already a American Passport holder. He wouldn't need a visa to go back to USA.

@courageous girl

As Others have pointed out, You should now concentrate your application towards the f3 catergory....But be ready for a long wait atleast 8-10 years.

I get that hmmm. Its a long wait.

Yes, father is US national, u r rite.

Yes - he probably can go near completion. For the amount of money look up I-864P - his income depending on house hold size needs to 125% of poverty limit or 5 (? - can be 3 - don't remember) times that in assets. Pakistan accounts will likely not work.

Thanks again Kzielu!

Can u plz provide me with any official link to see the income /financial requirements for sponsoring son/daughter?

First there is no request to make. Second, congressmen sometimes can speed things up, but not help with the case when person is not eligible for a benefit. Your father being handicapped here does not matter at all, even less if he doesn't live in US. If embassy already refused, there is nothing that he can do - rules for maintaining residence are pretty clear.

1. Family petitions are to unite family. If your father does not live in US, there is no family to unite sending petition in this case is kind of pointless. Your father would have to have US domicile, has to prove he has filing US taxes with IRS (as any US citizen is supposed to regardless of where he/she lives) and have sufficient income to sponsor him (or find a cosponsor).

2. Sibling petitions are definitely slower, although visas for children of US citizens aren't fast by any means.

Hi Kzielu

My father has been filing taxes as he gets old age benefits/ pension from US govt in Pakistan.

But how to get US domicile? He cant go and live in US rite now, but if he applies for my brother's petition, he can go when the case is near to completion. Is that fine? ow much money he needs to have in US accounts/ Pakistan accounts roughly to sponsor my brother and his family?

It is no use to contact the congressmen for help , it needs to start over.

To answer your question ,

1. Your father don't have to be in US to petition him but he must show that he is tied to US.

A U.S. citizen or legal permanent resident petitioner who is not domiciled in the United States can not sponsor. The law requires that sponsors be domiciled in any of the states of the United States, the District of Columbia, or any territory or possession of the United States.

He can show that by declaring that he has properties and he is temporarily in Pakistan, etc.

I'm afraid that he will have to be in US in this situation , please provide more info so we can help like his Employment status , properties..etc

2. IF he is over 21 then the processing time will be long and as you mentioned he is married and has a kid. Having your father petition him will be marginally faster ( slightly faster ) but still it will take around 10 years.

He can get his wife and his kid with him to the US , make sure to add them to the derivatives so they can get follow to join benefits.

Hi Philip

The info is that he has properties in Pakistan in Quetta, and he was ex- Govt Officer. But not now. He is retired. So no property in US. I guess hes been filing taxes- because he gets some pension/ old age benefits from US.

you say that your father went to the US a few years ago for 2 months and that your Brother has been looking after him. Does that mean your Brother went as well?

Hi Boiler

No, my brother did not go. He went with other US national siblings.

It sounds as if what he applied for was the SB-1 which was rejected; that is not unsurprising, since they are rarely granted, as I mentioned.

Unfortunately, he has no options other than the ones already mentioned in this thread.

I got it Hypnos. I appreciate ur time

He won't qualify for a SB-1 visa, he's been outside of the country for 8 years! And the renewal was rejected simply since a green card is for people to live in the US. Applying from abroad is almost instant denial.

The only way it would work, if he had been in a coma for all that time (end even then the chances are slim).

Thanks Mark88!

1) These types of immigrant visa are for the purpose of family reunification inside the US. If your father remained in Pakistan whilst your brother went to America, that wouldn't be family reunification. As I said, your father would need to be able to show that he has or will have resumed his US domicile before the embassy would issue a visa to your brother.

2) Your brother could apply for an SB-1 returning resident visa, but these are extremely difficult to obtain. He would need to be able to demonstrate that not only was it always his intention to return to the US, but that the reasons that prevented him from doing so were beyond his control and could not be anticipated. If his SB-1 was somehow approved he would be able to enter the US and would receive a new green card automatically. As I said, an SB-1 is extremely difficult to obtain, and the vast majority of applications are denied.

Thanku Hypnos!

My brother applied to US embassy Pakistan last year for renewal of green card. And the application was rejected!

Is SB-1 returning resident visa the same? Applying for Green card renewal? What's the difference between these 2, and how can my brother gather supporting documentation for SB-1 Visa application? Like my father being handicapped, so his medical reports? and that he had to take care of his father in Pakistan since a couple of years? Does this premise/argument sound valid for SB-1?