Questions from our listeners

We always welcome questions from members of the Vietnamese community. You can call our talk show or call one of our offices. And you may also send your questions to our Facebook page ( www.facebook.com/rmiodp ) or to our email address: info@rmiodp.com.

Question 1: In September, the cutoff date for F2A cases will advance 8 months, to January 1st, 2013. What does this mean for Permanent Residents who have filed petitions for their spouse and children?
Answer: Last year the cutoff date was fixed at September 2013, meaning that petitions filed before that date were eligible for interview. This year, in June, the Department of State moved the cutoff date back to May 2012. Petitions filed afterMay 2012 had to wait more than one more year. However, the State Department has announced that in September, the F2A cutoff date will move to 01 January 2013, so any petitions filed before January 2013 will be eligible for interview.

It’s not possible to predict the future cutoff dates for the F2A petitions, but based on recent events, we hope that the cutoff date will not move backwards again.

Question 2: What about the CSPA-F2B cases? Is there any chance that Mr. Obama will take some Executive Action to help these children left behind in Vietnam?
Answer: Mr. Obama does not have the authority to change the law about the CSPA-F2B cases. That kind of change must be done in Congress. At this time, Congress is not likely to make any major changes in immigration law, and Mr. Obama’s Executive Actions next month will be focused on helping the 11 million illegal aliens in the US.

However, permanent resident parents in the US should not hesitate to file F2B petitions. It is important to get a priority date, and next year there may be helpful developments in Congress.

The F2B cutoff date will advance 8 weeks in September, to 01 September 2007.

Question 3: I am sponsoring my brother and his family. They were interviewed and received their visas, but a few days ago my brother suffered a severe stroke while still in Vietnam. My sister’s family in Vietnam can take care of him now. Can his wife and children come to the US before he is well?
Answer: The rule is that family members can only go to the US with the principal applicant, or after him, but not before him. So, his family will have to wait until he can travel to the US.

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Q.1. How does the State Department decide on cutoff dates?
A.1. Each year about 225,000 visas are available for family-based applicants. Starting with this number, the State Department sets the cut off dates according to how many applicants there are throughout the world, and also how many applicants will apply for Green Cards in the US. There is also a visa limit for each country. Mexico and the Philippines have so many applicants that the waiting time for them is long. Filipino siblings of American citizens must wait more than 20 years to have a visa interview.

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Q.2. Can non-current immigrant visa cases receive visas if one of the family members needs immediate medical treatment in the US?
A.2. Consulates do not have the authority to issue immigrant visas to non-current cases. If there is a medical emergency, then the person should apply for Humanitarian case processing. The Consulate requires the form I-131 and evidence of the ability of the person to pay for medical expenses while in the US.

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Q.3. What supporting documents should applicants bring to the tourist visa interview?
A.3. The Consulate does not recommend that applicants bring in large amounts of personal documents. For the majority of visa categories, the only required documents are a passport, application fee receipt, and the DS-160 confirmation sheet. Invitation letters, financial documents or employment documents are never required. Interview Officers will usually not look at these documents.