Swimming_Upstream

And this FX vs F2A craziness wouldn't have happened if only all Green card (LPR) candidates included their spouses (and children) in their original applications as derivative beneficiaries. So I believe this is how the system plays out. At the beginning of each fiscal year (October), Spouse applications start pouring in. Officials see that the Exempt category of FX is fresh, open with ~65,950 spots available (75% of 77% of 114,000). They start filling them in. By let's say around May of following year all 65,950 spots get filled up. Then they start the F2A category, with ~21,983 spots available, BUT with country limitations. No one country can get more than 7% of this 21,983 spots. So it's possible that the first 14 countries with the most Green card hungry applicants can theoretically fill out these spots (7% x 14 ~ 100%). If you are on the 15th country, you are out of luck,- unless there are some leftovers from other categories.

This means that the FX category is an unnecessary privilege to certain spouses who are not restricted by any limits. This is done so that the category doesn't get jammed up like other categories (F1, F2B, F3, F4, E2, E3...), but at the same time they have the F2A category so that no single country can monopolize this category, and other countries can get a chance to squeeze through. But that's meaningless too. Here's how: In May 2023 top FX and F2A receiving countries are listed below: Foreign State of Chargeability or Place of Birth Visa Class Issuances China – mainland born F2A 88 China – mainland born FX 47 Cuba F2A 1,234 Cuba FX 392 Dominican Republic F2A 1,258 Dominican Republic FX 1,245 El Salvador F2A 90 El Salvador FX 81 Haiti FX 116 Haiti F2A 18 India F2A 254 India FX 84 Jamaica F2A 142 Jamaica FX 77 Mexico FX 1,835 Philippines FX 227 Philippines F2A 178 Vietnam F2A 314 Vietnam FX 217

From DHS website: FX1 Spouses of alien residents, exempt from country limits, new arrivals FX6 Spouses of alien residents, exempt from country limits, adjustments

Yours is a success story and I greatly appreciate that. But let's consider for a moment those vast majority of IR5 visa recipients, out of about 30 thousand of them in the last three months, who may not have a similar story to share. Are we sure that many of them are not dependent on their children, or on the local/state/federal government in some shape or form?

USA policy is an anachronism is saying it mildly. The system here is intentionally convoluted 🙂

Well, here is the source of "Research": https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/immigrant-visa-statistics/monthly-immigrant-visa-issuances.html As I mentioned in previous replies, the time line was for IR1/CR1 applicants who are already in the US, and just needs to do an adjustment of status. Your case is the exception, and for every such case, there are multiple other cases where the applicant actually had no other choice but was forced to use IR1 as a last resort. Immigrants are massive drivers of the economy, there is not shred of doubt about that. The point is, how is this visa allocation system working here? Is it a just system, fair to all applicants? Certain groups are not subject to any limitations, quotas, whereas other groups are having to wait indefinitely.

diversity-visa-lottery-winner/ https://www.npr.org/2018/01/31/582240533/science-teacher-shares-his-journey-after-winning-the-green-card-lottery https://www.nytimes.com/2017/11/04/reader-center/diversity-visa-lottery.html https://www.9news.com.au/national/diversity-visa-program-aussies-living-american-dream-after-lottery-win-green-card-exclusive/db3def5d-451c-4d95-a2bc-aa0f5d9ac671 As a disclaimer, this is not to say all DV selectees have been high achievers or had illustrious careers/backgrounds like the ones described in the above articles, however the flat out claim about DV not requiring any qualification or experience whatsoever is unconscionable IMO. Thanks for your response! The success stories above are great. But none of the stories talk about how they needed to demonstrate their qualifications or experience to get those visas. By definition this "lottery" helped them realize their American dream (according to their statements).

Ah, happiness. Finland, Denmark, Iceland have no way to compete with USA.

Agree to all the points you made! But just think for a second, is it fair to 21+ children of US citizens and Permanent Residents, who are having to queue up for 8+ years and still no signs of the line moving? Whereas the DV applicants are cutting into the top of the line and getting their visas processed within a reasonable time frame?

I am happy for you as well. You are definitely one of the success stories. But what's happening with a lot of other IR1 cases? It's NOT those applicants fault that they are taking advantage of the system. They are actually being forced to take advantage of IR1/CR1. Why? Because all other legal avenues for them are jammed up by country quotas, numerical limits etc. The wait lists for them are getting longer every year, and the priority dates are retrogressing (going backwards!) in some cases.

In general, Children of US citizens/LPR's are being brought up/educated in the US, hence more likelihood of being successful in the US. Other groups may or may not educate/train themselves.

Good to know, thanks! So we are rest assured that there is no immigration fraud going on whatsoever in the US system.

So that's the back story: once those students are unable to get sponsorship from their employers, and not able extend their stay, they face deportation. For sure, some students leave. But those desperate to stay in the US resort to IR1/CR1, or look for other options. And for "waiting too long in other categories", F1, F2B are some of the examples. The situation for them is getting worse by the month, their priority dates are not moving for 2+ years and in some cases are actually going backwards. Imagine their frustration...

Current system is such that applicants in the first group of categories (Parents, DV, exempt Spouses) are not required to have ANY experience or qualifications, but their visas are getting processed much faster than others.

An extensive research is not done on the topic, but that's from the experience of foreign student communities. A typical Post graduate foreign student will start work on OPT, and hopefully convince the employer to apply for H1b on their behalf. H1b is/was subject to annual lottery, so it's a hit or miss. Even if they get it for 3 years, they have to convince the employer again to sponsor them for green card. Unless the employer is a large corporation (Google, Apple, Microsoft etc.) it's hard to get them to sponsor for an average candidate. Once the OPT or H1b time limit is over, their out of luck...

Yes. There is good reason for it, if you compare the current priority dates in visa bulletin, and compare the number of people getting their visas processed between the two groups.

Sure, Immigrants benefit the economy. But the topic is , who is being given priority? Most people in the first group (1-4) have no numerical limits and so the only delay is the procedural delay. Whereas people in the second group (B-D) have numerical or country based limits, which is forcing them to wait 8+ years just to become current. And of course there are tons of unskilled job positions open. But for those jobs do we really need to invite green card applications from foreigners with no numerical limitations and higher priority? Isn't a work permit system that can be renewed every 3 or 5 years a better option?