It's been several years since the employment-based preference categories developed huge backlogs. However, no one was prepared for today's announcement from the State Department that most of the family-based categories will retrogress between one and three years beginning on January 1, 2011.
Consider the worldwide categories: Beginning in January 1, the 1st preference category (unmarried sons and daughters of U.S. citizens) goes from a 5-year to a 6-year wait. The story is much, much worse in the 2A category (spouses and children of permanent residents) where the wait expands from a mere 4 months to 3 years, a 9-fold increase. In the already beleaguered 2B category (adult sons and daughters of permanent residents), the wait increases from 5 1/2 to nearly 8 years. For married sons and daughters of U.S. citizens (3rd preference category) does the wait remain roughly the same: 9 years.
What does the State Department have to say about all of this:
"As reported in the December Visa Bulletin (number 27), the cut-off dates for most family preference categories advanced at a very rapid pace during the past two years. Those movements have resulted in a dramatic increase in the level of applicant demand received in recent months. This has required the retrogression of many Family preference cut-off dates for January in an effort to hold number use within the various numerical limits. Further retrogressions cannot be ruled out should demand continue at the current levels" (emphasis added).
If you are one of the large number persons negatively affected by these changes, you can console yourself by thanking God that you were not born in either Mexico or the Philippines, where the waiting times are considerably longer. If you are a permanent resident and wish to sponsor your husband or wife who was born in Mexico, be prepared to be separated nearly 6 years. For Filipinos, most of the waiting times for family members will be an incredible 12 to 23 years come 2011.
There will be no similar retrogression in the employment-based categories come January, probably because the U.S. economy is stagnant, and employers are sponsoring very few foreign-born workers. In any case, the waiting times are already at record highs in the 3rd preference category (professionals, skilled and unskilled workers), particularly if you were born in mainland China or India. In fact, the waiting times in the 2nd preference category (persons with advanced degrees) are a disaster if you were born in either of these two populous countries.
FAMILY CATEGORIES
EMPLOYMENT CATEGORIES
The coming retrogression provides a golden opportunity for the next Congress to ease immigration restrictions which divide families and prevent legal workers from becoming permanent residents, often solely because of their country of birth. As I write these words, many members of Congress are railing against the DREAM Act, characterizing it as "a backdoor amnesty" for undocumented students.
Will the Congress be more sympathetic to legal immigrants who remain separated from their spouses and parents for years simply because they are abiding by the rules? Perhaps, but I for one am not holding my breath.
Those who have got notice of affidavit of support.whose priority dates has already matched..what about those cases???
Posted by: AJAY MEHTA | 12/13/2010 at 12:15 AM
It is very disheartening that the dates retrogressed further for family categories. It is unfair that just because you are born in a country that is oversubscribed, you will get separated longer from your family- brothers,sisters and parents whome you have not seen for decades. I believe that it is high time to set aside race, political affiliation, or country of origin. It is more human to consider that separation from family is a very painful experience for those who are waiting for their visa numbers...
Posted by: Brilliant Mind | 12/13/2010 at 08:35 PM
How about Family 4 : brothers and sisters of US citizens. This category wait more than the other ones. The ones should wait the most should be MAIL ORDER BRIDES. These brides for sure are going to leave their husbands as soon they get the papers.
We the Americans should be able to bring our siblings faster than the ones had us residence or the employment category, they are the ones taking
the professional jobs.
Posted by: No Jobs | 12/15/2010 at 09:47 AM
The retrogression explanation does not make sense, if more people filed in recent years then it should affect the future processing times plus USCIS cases are all up to date no changes there. I don't see if all application and visas were processed until for example on F2A was 2010, priority date of 2008 has already passed and there are no cases left there. You cannot file something and back date it.
Posted by: Maria | 12/17/2010 at 06:08 PM
I thought what kind of messed up system is this. However, my lawyer advised me just in case to apply for immigrant visa for my wife, because the following year on November should be midterm elections and immigration issues would be one of the top priority discussions.
Posted by: Roy Zombo | 12/20/2010 at 02:41 PM
So, I followed his advise and on January 2010 I've submitted immigration papers to the USCIS. Soon after his predictions have started to become real, cut-off dates moved much faster (between May-August, 2010) after Barack Obama gave couple of speeches on immigration topic. Then, midterm elections have passed and now it's time to go back where we were. Now looking back i've realized that all this hoopla was just a political game to fool immigrants.
Posted by: Roy Zombo | 12/20/2010 at 02:42 PM
what happen to those who submitted invoic fee of affidavit of support. Will they eve have to stay in queue or they will have been approved.
Posted by: jamrose | 12/22/2010 at 08:29 AM
I called to NVC and representative told me that they will hold the case until cut-off date reaches the priority date of the case.
Posted by: Roy Zombo | 12/25/2010 at 10:49 AM
How will the 4A category be affected by this retrogression?
Posted by: Jake | 12/25/2010 at 06:54 PM
As an F-4, I'm in waiting line since May-2003. Fortunately I have visited them several times with my tourist visa.
In the meantime, while I wait I mean, I do my job the best I can and I don't keep myself worrying about why the priority date regress or progress, I just wait my turn, that's the best we as applicants can do.
Best regards!
Posted by: Fernando Salazar | 12/27/2010 at 09:52 AM
I don't understand, based on the Dec/2010 cut-off dates, my daughter's 2A visa should be available.
So, if I apply in December I'd expect the visa be available, but based on Jan/2011 she has to wait over 2 more years.
I understand that with retrogression, people may have to wait longer than expected, but for people for which the cut-off dates have visas already available, how can that "retrogress"?
My take is that bureaucreacy messed up things and now they are trying to explain it.
My question is: We received a Notice of Acceptance to our 130 form. Should we go ahead and apply for Adjustment of Status? Anyone?
I'll pay for any valuable information I can get.
Posted by: Ruben Misrahi | 12/27/2010 at 01:05 PM
To all LPRs who are waiting for their Spouses and Children:
http://www.unitefamilies.org/
We need to to do something! Even though we are not citizen we might be soon, so speak to your congress man!
Posted by: Ralph | 12/29/2010 at 08:13 PM
This whole immigration system stinks. They not doing anything to help the undocumented people in the country, but when we sponsor our love ones they have to wait for ten to fifteen years to get a visa number, mean while every year they have a visa lottery giving away some 500.000 visa numbers, and people waiting in line, and working their buts off, and paying taxes, have to be separated from their love ones, this is one messed up system. When they can prove a child relationship to a parent, or a brother and sister, they have to take time to prove some of those marriages. What make a marriage more immediate than a child or a sibling relation. Every year they raising fees, but the inhumane treatment gets worst! Who is seeking our interest. No amnesty, no dream act,ok that's fine, but what about the availability of visa numbers for our love ones, this is total garbage, and I'm sick of it!
Posted by: lisa | 01/01/2011 at 08:39 PM
The USA and its government has the best legal framework to rule the country.But its immigration laws have the worst effects,deny immigration to qualified people who work,pay taxes,and contribute to the US economy.Unqualified people are admitted on the basis of a lottery system,and people from China,India are discriminated due to a long waitlist for greencards.The result is the best brains from these are quitting USA,or prospective students from China,India are thinking twice to study in USA.An immigration reform is urgently needed before the USA tackles the illegal immigrants.If the US laws were practical the number of illegals would not have reached the present levels.One can only hope that the US Senate and Congress shows its sagacity in making a suitable practical Immigration Act without delay.
Posted by: Sasimann | 01/05/2011 at 03:17 AM
The USA and its government has the best legal framework to rule the country.But its immigration laws have the worst effects,deny immigration to qualified people who work,pay taxes,and contribute to the US economy.Unqualified people are admitted on the basis of a lottery system,and people from China,India are discriminated due to a long waitlist for greencards.The result is the best brains from these are quitting USA,or prospective students from China,India are thinking twice to study in USA.An immigration reform is urgently needed before the USA tackles the illegal immigrants.If the US laws were practical the number of illegals would not have reached the present levels.One can only hope that the US Senate and Congress shows its sagacity in making a suitable practical Immigration Act without delay.
Posted by: Sasimann | 01/05/2011 at 03:17 AM
I'm in Family 3rd preference with date priority July 1997. Will be waiting another 9 years for this?
Posted by: Jim Cas | 01/05/2011 at 02:58 PM
I got my first appointment for interview to the US EMBASSY MANILA,last November 19,2010. But due to my medical results delayed, i did not meet the actual date of interview,the hospital told me that,its automatically rescheduled.
yesterday i got my result,and i call the US EMBASSY asking for reschedule,they refused to give me an appointment because of the current date now.My priority date is july 5,2000,due to retrogression which is 1999. My papers are now in the us embassy here in the Philippines.Do i need to wait more years.My medical results will expire on March 31,2011. Any idea about this? please help!
F2B
Posted by: Abegail Lansangan | 01/05/2011 at 05:34 PM
the immigration laws/rules are devoid of rationality. it enables employers to exploit workers knowing that they are stuck between a rock and a hard place.USa has to decide who it wants and who it dosent. While potential sleepers are provided fast track green cards those who wear their USA loyalty on their sleeves are kept waiting for years
Posted by: jasbir singh | 01/11/2011 at 12:20 AM
How can a 1st preference people wait for 5-6 years and a 2nd will wait for 4 up to 3 years only ? This doesn't make sense. What's the 1st priority for then?
Posted by: Ira | 01/11/2011 at 03:56 AM
yes, it is obvious that although things are bad in terms of jobs in the US, we're still seeing higher and higher demand for visas! Why don't more of these visa applicants seek out the eb5 program?? It's the fastest route to LPR (at least on of the fastest).
Posted by: green card visa | 01/13/2011 at 03:32 PM
Hi,We are now waiting for clearance and administrative process results.Our case is F4.Do you think F4 category will be retrogressed further in March 2011?
Posted by: sal | 01/21/2011 at 03:57 AM
I'm f3 and all my papers are completed now the next stage is my interview.Will this regression affect my interview now?I live in the carribean and my interview would be at the embassy in barbados
Posted by: antony tony | 01/29/2011 at 08:53 PM
hi!..Im from Philippines, my priority date was current last year(priority date march 2010) and Im F2A all my papers are complete and documents qualified all Im waiting is my appointment.. will this retrogression affect my papers?..how long will Im going to wait again?thanks
Posted by: dhin | 02/03/2011 at 06:25 AM
@ the person that wants to know why f2 processing is shorter than F1..your question makes sense becos ppetitioners in F1 category are citizens and therefore must be prioritised first.But the reason why they it is not so is because as soon as the beneficiary is given the visa and moves to the states it takes a very short time to adjust status.Ecen it takes longer for already married couple who is a citizen to bring his or her partner her than someone bringing their fiancee.
Posted by: Eb | 02/03/2011 at 06:58 PM
can anyone pls tell me when my cut if date is? I filed for my 11 year old daughter who is currently in Ghana.Am LPR and my priority date is sept.22nd 2010.I filed my I130 in sept 2010 and just got approved on Jan 25th 2010.How long do I have to wait pls?Any idea would be appreciated.
Posted by: Eb | 02/03/2011 at 07:06 PM