1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Eo Effect On F2a Spouse Category For Legal Pr Holders

Discussion in 'Visa Modernization' started by gcwait321, Dec 3, 2014.

  1. gcwait321

    gcwait321 Junior Member

    Messages:
    17
    Likes Received:
    0
    Trophy Points:
    1
    Ron,

    I have a quick question

    How is the Obama's Executive Order on Immigration Reform helping the LPR spouse category (F2A)? For ex: US Citizens have fiance visa and PR not against cap but not the same case for LPR. And currently PR processing time for US Citizen's Spouse vs Legal PR Holder's Spouse has huge difference.

    In the Obama's Executive Order on Immigration Reform's Fact Sheet, I see a point "Reducing family separation for those waiting to obtain LPR status." Can you give us some clarity on this?

    http://www.whitehouse.gov/the-press...t-immigration-accountability-executive-action
    • Reducing family separation for those waiting to obtain LPR status. Due to barriers in our system, U.S. citizens and LPRs are often separated for years from their immediate relatives, while they wait to obtain their LPR status. To reduce the time these individuals are separated, DHS will expand an existing program that allows certain individuals to apply for a provisional waiver for certain violations before departing the United States to attend visa interviews.
    Thanks in advance.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    What you quoted is from the section on "goals" and not from anything having to do with executive action. The goals are what the President wants Congress to accomplish through legislation.

    Having said that, we know that reinterpretation of the quota statute is under active consideration. Since the same statute controls allocation of both FB and EB visas, I don't see how they can reinterpret it for one and not the other. If this is done, the Worldwide FB2A category should become current immediately.
     
  3. gcwait321

    gcwait321 Junior Member

    Messages:
    17
    Likes Received:
    0
    Trophy Points:
    1
    Yes, exactly thats what my point as well, if the new proposal/legislation doesn't want to count family members against EB visas then they will be automatically redirected to F2A category which has heavy backlog. And on top of that executive order will contribute more cases towards F2A category and if they don't focus on that then it will be heavily backlogged. Hence I am thinking, they have to focus on F2A category and reduce the backlog or do not count spouses or children (probably under 18) to streamline other EB categories or support the Executive Order.

    Hopefully they will work on it soon and release the details, that will definitely give relief to many legal PR holders who wants to bring their spouse from out of country legally.

    But do you have any guess on how long it will take for them (Congress / DHS) to come up with the details? I understand its very hard thats why I have asked "any guess"

    Thanks,
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Nothing can happen before March 20th. How soon they act after that is anyone's guess. If the group comes back with a recommendation that the statute be reinterpreted, I suspect it would happen within 60 days of that report.
     
  5. gcwait321

    gcwait321 Junior Member

    Messages:
    17
    Likes Received:
    0
    Trophy Points:
    1
    Ron,

    Do you have any update on this? Since its close to the date which you were talking about, what are the chances of this? Do you think DHS working/ready to submit the proposal to reduce family separation for those waiting to obtain LPR status for immediate family members.

    Thanks,
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    I think that they are actively working on it. The process is not simple, however. There will be delays due to the need to publish rules.
     

Share This Page