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aljenca

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Posts posted by aljenca

  1. I'm hoping that somebody here can help me with my questions regarding my son's Visa case. According to USCIS Website, below is how Retrogressed Visa Cases should be processed. According to the below, my son's case "must be held in abeyance until a visa once again becomes available". The retrogression happened before my son turned 21 in December 2010, thus his case should have been held in abeyance effective December 2010. His priority date is 8/17/2010, thus, he should have had his visa in December 2012.
    USCIS Website definition for retrogression:
    "How USCIS Processes Retrogressed Visas Cases
    If, at the time of adjudication, an applicant’s priority date no longer meets the cut-off date published in the Visa Bulletin, due to retrogression, his or her case must be held in abeyance until a visa once again becomes available. If the adjudication of your Form I-485 will not require an in-person interview at a USCIS office, then your case will be held at the USCIS Service Center where you initially filed your application. "
    If you have been interviewed at a USCIS office and a visa is not available, then USCIS may hold your case at the following locations until a visa becomes available.
    • Employment-based visa-retrogressed cases are held at the Texas Service Center (TSC) upon completion of any required interview and other processing steps.
    • Family-sponsored visa retrogressed cases are held at the National Benefits Center (NBC) upon completion of the interview and other processing steps.
    USCIS will finalize processing of visa-retrogressed cases when applicants' priority dates become available (current) based on the dates in the current month’s Visa Bulletin. If USCIS needs updated information from an applicant, we may send out correspondencesuch as requests for evidence or an interview notice. Therefore, it is very important that applicants keep their addresses current with USCIS."
    USCIS Website definition for retrogression:
    "How USCIS Processes Retrogressed Visas Cases
    If, at the time of adjudication, an applicant’s priority date no longer meets the cut-off date published in the Visa Bulletin, due to retrogression, his or her case must be held in abeyance until a visa once again becomes available. If the adjudication of your Form I-485 will not require an in-person interview at a USCIS office, then your case will be held at the USCIS Service Center where you initially filed your application. "
    If you have been interviewed at a USCIS office and a visa is not available, then USCIS may hold your case at the following locations until a visa becomes available.
    • Employment-based visa-retrogressed cases are held at the Texas Service Center (TSC) upon completion of any required interview and other processing steps.
    • Family-sponsored visa retrogressed cases are held at the National Benefits Center (NBC) upon completion of the interview and other processing steps.
    USCIS will finalize processing of visa-retrogressed cases when applicants' priority dates become available (current) based on the dates in the current month’s Visa Bulletin. If USCIS needs updated information from an applicant, we may send out correspondencesuch as requests for evidence or an interview notice. Therefore, it is very important that applicants keep their addresses current with USCIS."
    Month Visa Bulletin
    F2A-Priority Date 8/1/2010 3/1/2009 9/1/2010 1/1/2010 10/1/2010 4/1/2010 11/1/2010 6/1/2010 12/1/2010 8/1/2010 <<<My Son's Priority Date is 8/17/2010 1/1/2011 1/1/2008 <<<Visa Priority Date Retrogression-Unfair for my Son's case 2/1/2011 1/1/2008 3/1/2011 1/1/2007 4/1/2011 4/1/2007 5/1/2011 6/8/2007 6/30/2011 <<<My son turned 21 12/1/2012 8/22/2010
    <<<His priority date becomes current.

    Sincerely,
    Jen Wareh

    Sincerely,
    Jen Wareh
  2. Hi J3MJ3M,

    I thought I was the luckiest person on earth today when I got a letter from USCIS saying that my siblings petition has been approved and the case has been forwarded to NVC. I forgot that it's not gonna move until visa bulletin becomes current to our priority date. I just checked visa bulletin and it shows they are now processing July 2013 priority dates. Your sibling's priority date should be current now.

    Thank you,

    AJ

  3. Your brother's PD already became current in the December 2012 Visa Bulletin: http://www.travel.state.gov/visa/bulletin/bulletin_5803.html

    Is his case already completed with NVC? If yes, he should have already received an interview letter from NVC some time 1st week of November 2012.

    No we did not receive an interview letter from NVC. Instead we received a letter with title "MNLXXXXXXXXXX (P3AU PREVIOUSLY CURRENT FOR NEOPOST DS-1200)(CC). And the letter explains that "because of the recent change in his visa classification visa numbers are not presently available for his visa category". I assumed the change they are talking about on the letter is the retrogression.

    I sent an email to the NVC inquiry and I'm not getting any response.

  4. Hello,

    I am hoping you can answer some of my confusion and questions below regarding my brother's F2A case and the Retrogression.

    Priority Date: 08/17/2010

    Petition Approved: 12/15/2010

    Birth date: 6/30/1990 (Turned 21 June 2011)

    Visa becomes current before retrogression: December 2010 (Processing 08/01/2010).

    January 2011: Retrogression occurred and date moved back to 2008 priority date.

    Question: Is there any way my brother can be protected by the CSPA rule? The retrogression was very bad for us, we had a projected visa interview for him in February 2011.

    If I use the CSFA calculator and deduct the time the petition was pending ( 1 month and 28 days). And use this against his priority date, he would have been included in the December 2010 visa bulletin. I know this is kind of a reverse calculation but we are just bummed that the December 2010 visa bulletin has August 1, 2010 and not August 17, 2010. We felt like we are being penalized by state department's mistake or miscalculation at the same time cannot believe how they could be off by more than 2 years on their calculations :(.

    I appreciate if you could give us any advice.

    Thank you,

    Jen

  5. :devil::devil::devil:

    In Sept. 2010 American Immigration Lawyers Association (AILA) discussion session here in Washington, DC with Charles Oppenheim. Mr. Oppenheim is the Chief of the Visa Control and Reporting Division at the U.S. Department of State. For many, he is simply known as the person responsible for the monthly and annual visa number allocations for family- and employment-based green cards. He is also the person who prepares and publishes the monthly visa bulletin which is highly anticipated every month.

    Visa Bulletin Predictions – Family-Based

    FB 2A. According to Mr. Oppenheim, this family-based category has shown a very low demand over the past months; accordingly, Mr. Oppenheim expects that the 2A category (spouses and children of permanent residents) will continue to move forward aggressively and by the February 2011 visa bulletin, this category may be current or close to being current.

    FB 2B. Similarly, movement in the 2B category has been faster than anticipated due to low demand; accordingly faster forward movement in this category is also expected.

    Source:

    http://www.cilawgroup.com/news/2010/09/23/visa-bulletin-predictions-and-updates-from-charles-oppenheim/

  6. Hi aljenca thanks. Its already a good ending because i am here in the us and i got my green card and social security number. Im not really sure how to compute the cspa the best thing you could do is hire a lawyer because they are the one who will argue to the embassy on your case if you dont have a lawyer i think it will be hard so i recommend you to get a lawyer. I recommend you our lawyer Eugene Palacios but its up to you you can get his contact number on facebook or just type his name at google. Goodluck!

    Wow! That's great! About a lawyer, I'm not sure if we have enough budget for that but I'm really happy for you!

  7. March 1999. Is your mom a LPR or a US citizen? when i petitioned my daughter i wasnt a citizen yet. i became a citizen not too long ago. under cspa, her category was automatically moved as daughter of a US Citizen in which she had to write to the DHS MLA to opt-out. with your siblings case, check when she petitioned them and refer to the cspa info online. I, myself is not clear how to calculate it and i dont wanna give wrong info.

    Hi, thanks for the quick reply. My mom is an LPR, We are looking at the Visa Expedite request option (sending a letter to USCIS requesting to expedite visa). I don't see child aging out is one of the criteria though but It doesn't hurt to try. Our only second option would be if my brother aged out is to send an opt-out letter for my brother to stay in F2b category when my mother becomes a US citizen.

    I appreciate your help!

  8. criss here's the link para mas maintindihan m http://law-usimmigration.com/?tag=humanitarian-revalidation

    thats from president obama cya nag pass ng law na yan. Ask ko si mama kahapon gulo ng sagot e nagtratravian kasi pero it took us months-year siguro give yourself 6months-1year depende kasi din un kasi samin may lawyer baka kaya ganun kabilis pero im not really sure din ha.

    Well hayaan mo sila haha saka sila nanaman tumawag samin na nagkamali ang us embassy na hindi kami disqualify sa cspa kaya hintay nalang ako wait daw kasi namin ung sulat. Oo nga naawa nga me sa mom ko kasi $1200 ung binayad saming 3 application fee +$12,000 sa lawyer kaya di talga biro haha. Haha natawa ako dun ha kung magiging AC ka might as well as get a nurse with NCLEX na para cya namagtratrabaho buhay kana hehe. Hopefully bago mag june may balita na gusto ko na talaga makabalik sa states.

    Hi there, goodluck to you, i'm praying for a good ending :) Anyways, my mom also petitioned my 3 under 21 siblings in the Philippines but one of my brother is turning 21 in 8 months. I'm worried that a visa won't be available before he turns 21. Do you mind sharing how did the attorney calculate your CSPA qualification? That will be very helpful to all of us who are on the same boat :).

    Thank you so much!

  9. I have the exact situation. Due to the economic crisis we are in right now, I was laid off about a year ago and few months after we received a notice from the NVC that her priority date is now current. Since I only get the Unemployment Benefits and it's not 125% above the poverty line for 3 people (me, my daughter, and her son), my daughter-in-law helped me with the I864. It's perfectly fine, it basically just say that they will be responsible for the persons on the form because the government wants to make sure they will not become a public charge.

    Hi there, we are on the same boat. Do you mind if I ask what is your priority date that is now current? My mom is petiotioning for my 3 under 21 siblings who are in the Philippines and one of them is turning 21 in 8 months from today and i'm worried that a visa might not yet available before he turn 21. Thanks.

  10. Hello,

    My mom sent the petition for my under 21 y.o. bro. and sis. to Chicago Lockbox on August 17, 2010.

    We received the email and text notification of receipt on August 24, 2010, the following day we received the hard Copy of Notice of Action.

    Now we are waiting for I-130 - approval.

    We are worried because my brother is turning 21 in 8 months from today and we are worried that a visa won't be available for him yet before he turns 21.

    Their receipt date is August 17, 2010, do you think we'll have a problem about my brother turning 21? Is there anything we can do to speed up the process

    and make sure a visa is assigned to him before he turns 21?

    I appreciate all input and advice.

    Thanks,

    Jen

  11. Hello, my mom just had her first and second visit at Saint Luke Medical yesterday and today. She got her xrays done. The Doctor said she has an abnormal xray so she needs to return every day for the next 3 days for swab/saliva tests.

    Does anyone have any idea on where this is going? What should we expect from this swab test and why is it daily for 3 consecutive days?

    I really appreciate any of your input on this.

    Thanks!

  12. I think I found my answer. I don't need my husband to sign I-864A, I can show my OWN income. I'm sharing this to everyone and people that might have the same question in the future. This is from uscis website, thanks again!...

    (3) Use of Spouse’s Income. A sponsor’s spouse who qualifies as a household

    member and wishes to have his or her income included as a household member

    generally needs to complete a Form I-864A. However, if the spouse is not willing to

    let the sponsor rely on the spouse’s income, that is acceptable. In this situation, the

    sponsor needs to show his or her own income and which portion of any assets used

    to qualify can be attributed to him or her.

  13. Thank you Jen.

    Yea, I thought about that too. I'm just wondering how does it work when you are married. Does my husband needs to sign an I-864A? Because I think when you are married your income is not yours anymore it belongs to both husband and wife same goes with my husband's income. And we file our tax return as married couple combining both our income.

    Basically, I'd like to know if INS requires my husband to sign an I-864A JUST BECAUSE WE ARE MARRIED, even though my income alone is enough for the affidavit of support.

    Thank you.

  14. Hello,

    The visa petition I processed for my mom has been approved by NVC, yehhey! I am now ready to process the affidavit of support after I paid the fee of course. I am confuse if I should use form I-864 or I-864EZ.

    Both me and my husband is working full time. We don't have any kids. My salaries alone pass the poverty guidelines for the AOS. Should I use I-864EZ with my W2's & our I tax returns since my income alone is enough for the affidavit of support?

    My husband's and I file our tax returns as married couple. In this case should I use I-864 then? Does my husband required to file the I-864A (Contract Between Sponsor and Household Member) if I use I-864?

    Please help!

    Thank you,

    Jen

  15. Hello Everyone,

    According to uscis website these are all the requirements to petition for my mom:

    1. Form 130

    2. Check

    3. My birthcertificate showing my mom as a mother

    4. My certificate of Naturalization (btw, I don't need to send the original correct? Just a copy is fine right?)

    I got all these document ready but just thought I'd ask everyone to let me know if I am missing anything.

    I'd appreciate your response.

    Thank you,

    Jen

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