We continue to receive inquiries from worried sponsors about their pending cases, or new cases, if CIR becomes law. For F3 and F4 cases that are already on file with CIS or NVC, we assure our readers/listeners that there is nothing to worry about. Cases already submitted will be processed as usual. A new CIR will not change that. In fact, the new CIR might even speed up F3 and F4 processing of petitions that have been pending for some years.
New F3 cases: The CIR would restrict this category to petitions filed before the married child reaches the age of 31. So, if you are a US citizen who is thinking about sponsoring your married child who is under 31, you should do it as soon as possible.
New F4 cases: Cases already on file with CIS will continue to be processed as in the past, whether or not the new CIR becomes law. However, if the CIR does become law, new F4’s for siblings of US citizens will be accepted only for 18 months after the start of the new law. After that 18 month period, no more new F4 petitions will be accepted by CIS and the F4 category will disappear.
F2B cases for aged-out children left behind in Vietnam: It looks like these children will have two chances to recapture the priority date of their parent’s petition and avoid a long waiting time. The Supreme Court has agreed to review this matter and we are confident that they will rule in favor of these children. Also, according to the new CIR, these children will automatically receive their parent’s priority date when the parent files a new F2B petition after reaching the States.
The CIR also contains good news for DACA children. If the new CIR becomes law, children who now have DACA status will be eligible to apply for citizenship within 5 years.
The Merit visa category will also be of some help. One year after the new CIR takes effect, Merit visa applicants with pending F3 and F4 petitions will be able to submit their applications.
So, aside from the possible disappearance of the F4 category, the new CIR is generally favorable for family based petitions. Also, keep in mind that the CIR is not a sure thing. There will be a lot of debate in Congress about this during the next few months and no one is guaranteeing that there will actually be immigration reform during this year.
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Q.1. Is it better to wait to see if the CIR passes, or should new F3, F4 and F2B petitions be filed now?
A.1. There is nothing to be gained by waiting. The best advice is to file now, get the priority date for your petition, and then follow closely what happens in Washington. RMI offices have been quite busy recently helping new clients to file these petitions.
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Q.2. According to the new CIR, F2A cases for spouse and children of permanent residents will be converted to the Immediate Relative category. What will happen to the visas that were reserved for F2A cases in the past?
A.2. The F2A visa numbers will be distributed to other preference categories and that will help to speed up processing for F1, F2B, F3, and F4 cases.
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Q.3. If 11 million illegal aliens receive Green Cards, won’t this create a problem for visa applicants outside the US?
A.3. The Obama administration has said that the illegal aliens will go to the back of the line and will not interfere with the visa processing of those who are applying for legal entry to the US.
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ROBERT MULLINS INTERNATIONAL www.rmiodp.com
Immigration Support Services-Tham Van Di Tru
9070 Bolsa Avenue, Westminster CA 92683 (714) 890-9933
779 Story Road, Ste. 70, San Jose, CA 95122 (408) 294-3888
6930 65th St. Ste. #105, Sacramento CA 95823 (916) 393-3388
Cty Rang Mi: 47 Phung Khac Khoan, Q1, HCM (848) 3914-7638
New F3 cases: The CIR would restrict this category to petitions filed before the married child reaches the age of 31. So, if you are a US citizen who is thinking about sponsoring your married child who is under 31, you should do it as soon as possible.
New F4 cases: Cases already on file with CIS will continue to be processed as in the past, whether or not the new CIR becomes law. However, if the CIR does become law, new F4’s for siblings of US citizens will be accepted only for 18 months after the start of the new law. After that 18 month period, no more new F4 petitions will be accepted by CIS and the F4 category will disappear.
F2B cases for aged-out children left behind in Vietnam: It looks like these children will have two chances to recapture the priority date of their parent’s petition and avoid a long waiting time. The Supreme Court has agreed to review this matter and we are confident that they will rule in favor of these children. Also, according to the new CIR, these children will automatically receive their parent’s priority date when the parent files a new F2B petition after reaching the States.
The CIR also contains good news for DACA children. If the new CIR becomes law, children who now have DACA status will be eligible to apply for citizenship within 5 years.
The Merit visa category will also be of some help. One year after the new CIR takes effect, Merit visa applicants with pending F3 and F4 petitions will be able to submit their applications.
So, aside from the possible disappearance of the F4 category, the new CIR is generally favorable for family based petitions. Also, keep in mind that the CIR is not a sure thing. There will be a lot of debate in Congress about this during the next few months and no one is guaranteeing that there will actually be immigration reform during this year.
---------------------------------------------------------------------------------------------------------------------------------------------------------
Q.1. Is it better to wait to see if the CIR passes, or should new F3, F4 and F2B petitions be filed now?
A.1. There is nothing to be gained by waiting. The best advice is to file now, get the priority date for your petition, and then follow closely what happens in Washington. RMI offices have been quite busy recently helping new clients to file these petitions.
----------------------------------------------------------------------------------------------------------------------------------------------------------
Q.2. According to the new CIR, F2A cases for spouse and children of permanent residents will be converted to the Immediate Relative category. What will happen to the visas that were reserved for F2A cases in the past?
A.2. The F2A visa numbers will be distributed to other preference categories and that will help to speed up processing for F1, F2B, F3, and F4 cases.
---------------------------------------------------------------------------------------------------
Q.3. If 11 million illegal aliens receive Green Cards, won’t this create a problem for visa applicants outside the US?
A.3. The Obama administration has said that the illegal aliens will go to the back of the line and will not interfere with the visa processing of those who are applying for legal entry to the US.
----------------------------------------------------------------------------------------------------------------------------------------------------------
ROBERT MULLINS INTERNATIONAL www.rmiodp.com
Immigration Support Services-Tham Van Di Tru
9070 Bolsa Avenue, Westminster CA 92683 (714) 890-9933
779 Story Road, Ste. 70, San Jose, CA 95122 (408) 294-3888
6930 65th St. Ste. #105, Sacramento CA 95823 (916) 393-3388
Cty Rang Mi: 47 Phung Khac Khoan, Q1, HCM (848) 3914-7638
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