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About zaback21

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  • Member # 234367
  • Location Dhaka, Bangladesh

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    North Carolina

Immigration Info

  • Immigration Status
    FB-2 Visa
  • Place benefits filed at
    California Service Center
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  1. Chart B I think applies to people who are in US and when it becomes current, they can apply for Adjustment of Status and thus stay legally and indefinitely till they get a decision. So, for overseas applicant it is possible for NVC to follow PD and send Welcome Letter based on it. But when you look at the movement of PD from April 2019 to September 2019, it moved more than 1.5 yrs in less than 6 months. So, NVC has lots of welcome letter that they suddenly will have to send and hence may take some time not to mention 2 yrs movement in 1 month for F2A, so that's a lot of work in other categories too. Overall NVC processing doesn't take more than a month when documents are submitted online and they usually responds within 15 days.
  2. Well 2 years back, you would have received an email notifying you will receive your grant on 1 September. So, that's the sad part though. I have seen so many of my family members getting petition approved, NVC done, interview scheduled all before PD became current so they wouldn't have to wait a single day extra. Technically that's what PD is, but how things have changed. Those were the days!
  3. I just hope Chart 1 stays at where it is and not go up to 7 years. At least with that, we have more chance of getting grant sooner.
  4. We will still be required to submit the usual DS-260 + I-864. So, nothing changes for us. People after 15 Oct will be required to submit DS-260 + I-864 + I-944. I-944 can be huge. One may need to submit educational documents, work experience documents, financial documents and there can be no end to how much is required. If one is bringing old parents or young kids, then it is a negative factor and hence 250% of Federal Poverty Guidelines which amounts to over $31K as of 2019 will be required by applicant not sponsors. Sponsors will still be required to show 125% on I-864 as usual.
  5. I think so and I hope that's what pending means. It also says only petition postmarked after 15 Oct will have go through the new rule. But once a new rule is applied, old petition will indirectly be scrutinised even if old Public Charge rule is applied cos after all case officers are human and they will be influenced none the less. Which already happened as visa denial has gone 11X since Jan 2018. I can only imagine what future will be. Only thing we won't have to submit is I-944 form. But these can all change if things changes after 2020. Well sometimes it is only published during the month + Sep is the last month of this fiscal year (hence maybe taking longer) so whatever they put will be used to make up the visa numbers of this year. Hence, if Sept stays the same or goes down, it can be quite encouraging as from Oct when more visas will be available, it can be expected the priority date will go down more or stay at the same difference. Lets hope that's the case.
  6. That is true but I also see serious fall in the number of petition submission. How many people will be able to fulfill those requirements? Not a lot of people . Just like what is happening now. Priority Date has gone down but USCIS processing time has ballooned.
  7. Exactly. And if the administration is not so friendly towards immigration, it can lead to whole lot of policy abuse.
  8. I hope that's how it is. But it is hard to believe they will use it just as one of the factors and not the defining factor. No one can argue now since they will have a policy to deny.
  9. Ok the Final Rule has been published here: https://www.uscis.gov/news/news-releases/uscis-announces-final-rule-enforcing-long-standing-public-charge-inadmissibility-law As mentioned there: This final rule supersedes the 1999 Interim Field Guidance on Deportability and Inadmissibility on Public Charge Grounds and goes into effect at 12:00 a.m. Eastern on Oct. 15, 60 days from the date of publication in the Federal Register. USCIS will apply the public charge inadmissibility final rule only to applications and petitions postmarked (or, if applicable, submitted electronically) on or after the effective date. Applications and petitions already pending with USCIS on the effective date of the rule (postmarked and accepted by USCIS) will be adjudicated based on the 1999 Interim Guidance. So, I presume people who already has submitted petition (which means pending if I am not mistaken) won't be considered under the new rule but the current 1999 Interim Field Guidance on Deportability and Inadmissibility on Public Charge Grounds rule. Only new petition and applications from Oct 15 which will be postmarked will fall under the new rule which will include submitting I-944 forms showing intending applicants has 250% of Federal Poverty Guidelines along with other considerations. From another thread: https://www.boundless.com/blog/public-charge-rule-explained/ Insufficient financial resources. Even if an applicant has never used government benefits in the past and meets all of the above criteria to demonstrate low likelihood of using benefits in the future, they could still be blocked by an entirely new requirement: personal financial resources. DHS plans to require a new form called the “Declaration of Self-Sufficiency” (Form I-944) to accompany most applications for green cards and temporary visas. This form would collect information intended to help immigration officers determine whether the applicant is a “public charge” under the new, more expansive criteria outlined above. This new form is not to be confused with the “Affidavit of Support” (Form I-864), which Congress has mandated since 1996 to demonstrate the financial resources of the person sponsoring the applicant for a green card or other visa. Until now, immigration officers have typically given great deference to an Affidavit of Support showing that the sponsor has an income (or asset equivalent) of at least 125% of the Federal Poverty Guidelines, since this is a statutory threshold indicating that the visa applicant will have sufficient financial resources to avoid becoming dependent on government benefits. Under the new policy, however, DHS plans to impose similar financial requirements on the applicant, not just the sponsor. It appears that at a minimum, applicants will have to demonstrate household income (or asset equivalent) of at least 125% of the Federal Poverty Guidelines. But in addition, DHS would set an entirely new and higher household income threshold at 250% of the poverty guidelines, establishing this much higher hurdle as a “heavily weighted positive factor.” This could mean that, to safely avoid denial on public-charge grounds, an applicant would need to show annual household income of $41,150 (for a couple with no children) on up to $73,550 (for a family of five) or higher. Given that the new public charge rule would create an entirely new income requirement for visa applicants (not just their sponsors) and would set this household income threshold as high as 250% of the Federal Poverty Guidelines, the following possible impacts have been estimated: DHS could begin denying up to nearly half of all marriage green card applicants, each year forcing nearly 200,000 couples to either leave the United States together or live apart indefinitely. (Source: Boundless Immigration) Some 56% of all family-based green card applicants could be denied under the public charge rule’s unprecedented income requirement — more than the 47% at risk based on prior use of government benefits. (Source: Migration Policy Institute) Moreover, this new hurdle would have disproportionate effects based on national origin and ethnicity, blocking 71% of applicants from Mexico and Central America, 69% from Africa, and 52% from Asia — but only 36% from Europe, Canada, and Oceania. (Source: Migration Policy Institute)
  10. The 250% is not for sponsor. It is still 125%. I see lots of comments here but unfortunately no one is reading the proposed changes. In the mean time all those talks about whether there should be F3/F4 visa or not, argument over whether it is racist or not and so on. The change is, intending applicants not the sponsor will need to show 250% of Federal Poverty Guidelines 2019 in the new I-944 which comes up to $31,225. New rule says I-864 is not enough as it was previously and based on their discretion they can still deny visa. Well the denial rate has gone multiple times since 2017, so one can only assume how it will be with the new proposed changes. Now no one is arguing about AOS, as all immigrant should and proper sponsorship must be required before one can be admitted. But how are intending immigrants supposed to prove $31,225 when per capita income in over 100 countries is below 5% of US. Hence, the talk about discriminatory policy changes targeting majority people from poor countries. How will a under 18 kid or parents over 61 show they have $31,225 even though their sponsor has vouched for them in I-864?
  11. There is no fixed time. Sometimes it is issued on the month. Sometimes they give you 2 months in advance.
  12. Nope. The interpretation of what constitutes a public charge has changed. It's not the same as it was before. Previously sponsors I-864 was good enough. Now it's not the defining factor. Same with policy changes that has ballooned petition and other processing times.
  13. Lets hope so. But considering how the world's sociopolitical situations and government has changed in UK, Italy, Austria, Brazil, Australia, Philippines, India and so on, it is hard to be optimistic for future.
  14. Just reading it now. Wow dIdn't know that was the case. The good old days of submitting petition, wait long years but finally receiving grant seems to be over. Unless you are rich and from privileged countries, now you can be denied green card based on discretion of consulate which has no finite definition but all on what they think will be. I also see there are some pending lawsuits regarding that.
  15. I wonder if one now needs to file Form I-944 http://lallegal.com/wp-content/uploads/2018/10/I944-FRM-PubCharge-60Day-09262018.pdf Proving 250% of FEDERAL POVERTY GUIDELINES or $24.980 per applicant can be quite hard. Wonder how much will that be considered when it comes to granting Green Card.
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