CIS מרכזי שירות יישום רעיון טוב
CIS מרכזי שירות יישום רעיון טוב
ספטמבר 9, 2004
Over the past year or so, processing times for family based, I-130 immigrant petitions have skyrocketed. Of particular significance are the extended processing times for visa petitions in the “מיידי יחסית” או “IR” category, where visas are immediately available and the main obstacle to visa processing are stateside CIS service center delays, delays that have stretched to as long as 2 שנים. בחודש האחרון, אולם, CIS headquarters has issued a directive instructing the four regional CIS service centers to give first priority to adjudicating I-130 petitions in the IR category or other family preference categories where a visa is immediately available. The class of family members that come under the IR category and who will most benefit from this new policy are overseas spouses of U.S. אזרחי, במהלך 21 year old children of US citizens and parents of adult U.S. אזרחי.
כאמור, the IR category includes spouses of U.S. אזרחי, במהלך 21 ילדים בת של ארה"ב. citizens and parents of over 21 year old U.S. אזרחי. For relatives such as these, no line for visa availability exists, just a line to have the I-130 petition approved by a CIS service center and ultimately forwarded to a US consular post for final immigrant visa processing.
It is important to note though, for those IR family members already in the U.S., immigrant processing in the U.S. is usually available (“ההתאמה של המצב) and the above CIS service center delays do not come into play since such filings are ultimately processed through a local CIS office, with employment authorization and sometimes advance parole travel documents available for applicants while the filing is pending.
But for those IR family members waiting overseas, processing times are slowly starting to shrink. למשל, ארה"ב. citizen who is trying to facilitate the entry of his overseas spouse, במהלך 21 ילד בן (או צעד הילד), or his parents, no longer will face a 2 year wait before the I-130 petition will be reviewed at a CIS Service Center, such as the Nebraska Service Center (the facility processing I-130 petitions filed by mainly Midwestern based U.S. בני משפחה). עד כה, processing times have been reduced to 1 year for the IR category, and I expect that in the coming year, initial processing will be cut down to 6 חודשים או פחות. And such reduced processing times may obviate the need for U.S. citizens to file the additional K-3 petition in order to speed up the arrival of an overseas groom or bride. All in all, with the implementation of the new directive, total processing time for the overseas IR family member can be expected to eventually be reduced to 12 חודשים או פחות, taking into account CIS Service Center processing, National Visa Center processing and then finally the overseas’ ארצות הברית. consular post scheduling.
What does the new directive mean for other I-130 petitions for non-IR category relatives?
The I-130 for family members in any of the Family Preference categories (ראה להלן) will not be reviewed or processed until there is visa availability. That does not mean there will be additional delays for such family members or that such family member’s will be negatively impacted for the most part. במקום, CIS will not waste its resources in giving immediate attention to I-130 petitions for family members who will have to wait a period of anywhere from 4 עד 30 years for visas to become available anyway.
באופן ספציפי יותר, the following is a breakdown of the family preference categories and the approximate visa line for each category:
First Preference – adult unmarried child of U.S. אזרח; 4 שנים, except much longer for those from Philippines (14 שנים) and Mexico (12 שנים)
Second Preference A – unmarried, במהלך 21 year old child of Lawful Permanent Resident and spouse of Lawful Permanent Resident; 4 שנים, except longer for those from Mexico (7 שנים)
Second Preference B – unmarried, על 21 year old child of Lawful Permanent Resident; 9 שנים, except longer for those from Mexico
עדיפות שלישית – married child of U.S. אזרח; 7 שנים, except longer for those from Philippines (16 שנים) and Mexico (12 שנים)
Fourth Preference – sibling of U.S. אזרח; 12 שנים, except longer for those from Philippines (בערך 20 שנים)
כך, למשל, no longer will a U.S. citizen file an I-130 petition for an adult unmarried child and receive an approval notice within 2 שנים, and then be told that an additional period of years to wait for visa availability will be required. במקום, although the I-130 petition filing date will establish the family members place in line (priority date), adjudication of the petition will only take place once that family member’s place in the relevant visa line becomes current – and as set forth above, that could mean anywhere from 4 עד 20 שנים.
המתפרסמים ספטמבר 9, 2004 – “העלייה חוק פורום”
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