Export of Dhaka

Yes it does, the LPR can file for a spouse or child under 21. Those are both considered immediate relatives.

Good luck OP

WHAT?? "Immediate relative" is NOT a loose term that is subject to your or anyone's interpretation. The term "immediate relative" has SPECIFIC definition as per INA. Immediate relative = Spouse, Minor Children (under 21, unmarried sons and daughters) and Parents of US Citizen. And that's it - you or I don't define who is or who isn't an immediate relative.

With this kind of ability to interpret laws, my thoughts for you is to not give advice to anyone.

Nephew is not an immediate relative so you cannot petition for him. Sadly, the only way you can bring your nephew over is if he is orphaned. Signing over parental rights doesn't classify him as an immediate relative

you may look into a tourist visa or a student visa for the child

Good luck

What difference does it make that the nephew is or isn't an immediate relative? OP is an LPR so "immediate relative" classification doesn't apply to him anyway.

If I assume PD is current when my i-130 is approved in 07/2011 and remain current until

interview is scheduled (see assumption in original post)

can my original timeline be remotely possible?

The PD must be current AT THE TIME OF VISA APPROVAL/ISSUANCE

To OP, my brother had his interview while his PD was not current - he was asked to wait until the PD becomes current again.

Mumbai USEM to the rescue - however, sad news all around!! Looks like there is a freeze in all category, except F4 retrogressing two more years to Jan 1, 2000.

Category India Most Other Countries

F1 1 January 2005 1 January 2005

FX 1 April 2005 1 April 2005

F2A 1 January 2008 1 January 2008

F2B 15 April 2003 15 April 2003

F3 1 January 2001 1 January 2001

F4 1 January 2000 1 January 2000

E1 Current Current

E2 Current Current

E3 22 February 2002 1 April 2005

EW 22 February 2002 1 May 2003

E4 Current Current

E4-Religious Current Current

http://mumbai.usconsulate.gov/cut_off_dates.html

what is your priority date, meaning when did your mom file the I-130 petition?

Just want to update everyone. My brother had his "interview" this morning at the Dhaka USEM. His PD is in Sept 09 and he was current until Jan 1, 2011. They didn't really do anything, except the officer telling him that he has to wait until the PD becomes current and then they will contact him to do the interview. SCREWED by the retrogression harder than anything you can imagine.

Export Bhai

no visa is guaranteed , but at least those, who have already have their schedule will be attending the visa interview and there is a high possibility that they will get the visa.

Diar - I didn't mean to emphasize on the "guarantee". What I wanted to say was according to the info on Dhaka embassy website, if the PD is not current at the time of the interview, NO VISA until PD becomes current. It says the interview will continue as scheduled, but the applicant will have to wait until the PD becomes current before he/she can be granted a visa.

Man, my little bro will face interview in Jan (already scheduled, medical done). His PD is in Sept 09. I really hope what you are saying is true and that he gets his visa on the day of the interview.

Deshi Bhais

you are correct , those who have got appointment at Dhaka Consulate and others will certainly get their visa , as they have been allocated a visa number. Visa Number and Case Number are not the same thing.

I live in New York, so i know lot of Bangla guys who are waiting to bring their wife and their PD is January 2009 and beyond , and they have not been scheduled for any interview yet at Dhaka Consulate.

So it's totally uncertain for us, there will be a slow movement, when some of the GC holder get their citizenship and move from this waiting period. Again, those married GC holder guys with children in Bangladesh are not interested to apply for citizenship as they have to file seperate petitions for all of the children ,that will be extra expenses. They say, they have been waiting 5 years , nothing wrong to wait for another year.

so let us wait for the next bulletin , Immigration Lawyers will never tell the truth to their clients as they will be frustrated

I am not sure how you can be so sure that interview date = guaranteed visa. The embassy website says if the PD is not current at the time of the interview, they can't issue visas. see my post above.

Good news for only those who already receved interview date after completed NVC process. Several lawyer confirmed me that shoudn't have any problem as consulate doesn't assigned any visa number for F2A category. So packet-4 has to be issued by either NVC or DOS. exceptional for IR1/CR1 cases who doesn't require for visa number. They can schedule by USEM overseas.

I want to believe what you are saying is true - but look at this - this is from the immigrant info page on the Dhaka US embassy website:

A Note Regarding Visa Availability

The issuance of family sponsored and employment based preference visas is numerically limited by Congress. Interviews for applicants in these categories are scheduled when the applicant’s priority date becomes current and visa numbers are available. However, priority dates may change, and it is possible that at the time of the interview, visa numbers may no longer be available. If visa numbers are no longer available for your visa category, your interview will proceed as scheduled, but your visa not be issued until the priority date again becomes current and new numbers are available. Applicants should check the Visa Bulletin on the Department of State’s website for up to date information on priority dates for all immigrant visa categories.

http://dhaka.usembassy.gov/immigrant_visas.html

F2A Story:

I have a friend, who applied I-130 application on Feb, 2010, he expedited the process which was valid reason & USCIS approved I-130 in June 2010. If you look at the June 2010 visa bulletin...he is not eligible for NVC process, but NVC did process & he got visa approval.

What i found about him, his country has visa number available at that time. I belive USCIS & NVC internally know what country has visa number available. This is how they process the case. This is mine believe. please correct me if i am wrong.

I-130 approval has NOTHING to do with visa number availability.

If you have already received Interview date does it mean that VISA number was already assigned for your case?

That is my question too.

Oh boy. This happened before in 2008 when my family member was migrating and the regression lasted for about three months then they became current again.<b> This will not affect those with interview date </b> but will affect those of us waiting on NVC to send off our document to our country's consulant.

i can only hope that this will be changed by FEB 2011 bulletin posting

what is the basis of this statement? my brother´s pd is in sept 09 which is current as of sep 1, 2010 and will be current through dec 31. he is scheduled for iv interview in the first week of jan 2011 (scheduling was done in nov this year). what happens to his case?

So, someone with a PD later than Jan 08 in F2A will obviously be "not current" on Jan 1, 2011. What happens if such a person is scheduled for interview after Jan 1, 2011?

Congrats! My wife tried couple of time tourist visa for US embassy at Dhaka, Last time she got busted lied about my informations. Now her immigration has been approved, I believe within few months she will be face interview, What inpact will come out she lied about me her previouse tourist visa interview? Dont you think she will get her immigration visa refuse being lied about my status in the US? Now i am getting frustration and I dont what to do?

Thanks for giving me confident. I am greatly appreciating it. I am praying and hoping that, she will not getting any question about her previouse visa applications info. The last interview she had, refused by Bangali female officer which was rude and nasty. My wife was cried so much that still she is scaring to face interview, even i am giving her confident and motivating her to strong enough to face all those question. Now i am aslo adding my future child, which is due on next month(Sep 20, 2010). I am kinda concerning about the child, I heard lots of rumours that They will ask for DNA test. I dont know how they will do my child DNA test without having me. I hope they are not gonna require any kind of bully like DNA test, since its minor child. Anyways thanks for your concern and have a safe trip to Chicago.( sorry hate cold )

B.B

Miami Boy,

Hope all is well with you.

Regarding your wife's past visa applications - you said she was caught lying. Did they establish that she DID lie? If they did, as far as I know, providing false information to obtain immigration benefit means a lifetime BAN on entering USA. I am not trying to scare you - just telling you what I know.

Another frustration about Tax amended filler. I just informed by IRS that Tax amended will not effect or change on the tax transcript. Its always shows original tax where 1040 was first filed(screwed again). The only option that i have, to take amended 1040 tax return to the IRS local office and make them notorized it. My frustration is that In bangldesh embassy will not accepted any notorized copy from IRS, only accept original transcript with envelope sealed. This is crazy....We just suffering for those bangali who used fake tax return and caught in the embassy..what a shame..

B.B

Miami - it DOESN'T MATTER how much you made last year. All that matters is what you make NOW. One could make $0 in 2009, but as long as has enough income (125% +) now, there is no problem. Of course, you need to provide documentation that you make what you say you make.

And, why are you complicating matters with "amended tax" and what not? Why did you file an amended tax return? What was wrong with your original filing?

Also, why are you worried about the US embassy at Dhaka reviewing your AOS docs? AOS is processed by NVC.

Thanks expo,

As you know that everytime you called NVC, You will ask security question like beneficiary email, petitionery email, date of birth all these..since i have been calling them, they have all my email address correct. So, I am realy confused now, why we have receive only one email.

I am stumped on that too. Actually, I am double stumped, because you are not receiving ANY emails to your email address - instead you are getting the docs via USPS. There's gotta be a glitch somewhere.

When I did my dad's about a year ago - it was smooth sailing all the way.

My suggestion would be to not worry about the emails, as long as you are getting the docs somehow. You have just one thing to submit before you get interview date. So, stay hopeful BD brother!

Yes, i provided two emails address, one for my wife(beneficiary) and another for myself(petotioner). Only my wife received the email & I received USPS mail package.

Since you received USPS mail, check with NVC again to see if there's an error or not with your email address in their system - if there are no errors - I am not sure what then. However, the point that still remains valid is they are two separate documents and come in two separate emails.

I have read some of your posts and looks like you are waiting for your IV fee bill. Hopefully you get it soon.

Export dhaka, I got it. Unfortunately, only my wife(beneficiary) who received two emails with subject line: DHK# (PAOSF I-130 UNIVERSAL)(CC) and DHK# (ACL UNIVERSAL). I never received any email, but received snail mail after 2 days of email. Anyways, I have called today to NVC, They confirmed me that, they have reviewed the DS3032 and asked me to check email for IV FEE BILL. I hope i will get something by this friday

Do you have two different email addresses for petitioner and beneficiary registered with NVC?

If, yes, have your wife check the AOS fee email and see if it was addressed to her, or she was cc'd.

actually, not - for about 15 months, the petitioner would receive the AOS fee bill and the barcoded DS-3032, as two attachments, in same email; with the beneficiary receiving the barcoded ds-3032 as an attachment in one email.

That's not the case these days, things come in seperately, seperate emails.

You are incorrect once again. I have completed an immigrant visa process in Sept 09 - Dec 09, and the DS3032 and AOS fee bill came in two separate emails, one sent to the beneficiary and the other sent to the petitioner, with CC to the other party.

If you use some logic, you will see, why that is.

The AOS fee and the DS3032 has ABSOLUTELY NOTHING TO DO WITH EACH OTHER. These are two separate processes and intended for two different recipients.

The email with the AOS Fee Bill has the subject line: Case Number (OLP AOS FEE LETTER) and sent to the Petitioner, cc to beneficiary

The email with the DS30302 form has the subject line: Case Number (0405 ACL COVER LETTER STD) and sent to Beneficiary, cc to Petitioner

Darnell you are absulately correct. I have received two separate email for Unversal I-130 PAOS & Ds-3032 in last month(7/28/2010).

Miami, please READ before you post a reply. No one is disputing that the AOS Fee Bill and the DS3032 come in two emails. Darnell is saying at some point they used to come in the SAME email. I am saying NOT, they always came in two separate emails.

Darnell is correct in saying the emails come separately - but he/she is incorrect in saying only recently they have started to send these in separate emails. It's always been that way - the AOS fee bill and the DS3032 NEVER came in the same email.

ya, the barcoded coversheet is enough - not need the payment receipt.

I need to rewrite this, things have changed up a bit (ie - ds-3032 and aos fee bill come in seperate emails now)

It's always been that way. The intended recipient for DS3032 is the beneficiary, and for AOS fee bill is the petitioner - so they don't come in the same email.

Yes, your PD is current. Do you know if your I-130 has been approved yet, or if it is with NVC now?

The ONLY time age is locked on the priority date is when the beneficiary is the children of USC. Children = under 21, unmarried - that's the immediate relative of USC category.

It is INDEED March 01, 2009!!

I don't think this is accurate. It works for any immediate relative of a US citizen, including spouses, parents, and children. She mentioned a priority date of September, 2001. Going by the latest visa bulletin, this would make them Family 3rd Preference - the married son or daughter of a US citizen, and their derivative spouse and children. The primary beneficiary would still be eligible to adjust status, even with an overstay. If the primary beneficiary can adjust status, then the derivative spouse and children should also be able to adjust status (presuming the derivative children have not aged out).

In Matter of Battista, the alien arrived in the US with a visitor's visa, although he had a Family Preference visa petition pending filed by his father. INS initially found him deportable for overstay, and ultimately denied his AOS for preconceived intent. The BIA overturned this decision, and granted his AOS. This is now a precedent case for USCIS.

What is the basis of this statement (highlighted)?