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 DV File
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Posted on 03-19-23 9:47 PM     Reply [Subscribe]
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Namaste Sabaijana lai,

Asking a question for a friend,

Parents are DV winners and they are coming to the states after getting VISA. They had an interview and the passport is stamped they will be here in the states in a couple of weeks | Months. Their daughter is in the United States on F1 Opt. How can the daughter now apply for a green card based on their parents? How long the process takes and what are the necessary steps that need to be filed?

Appreciate your help.
 
Posted on 03-19-23 11:04 PM     [Snapshot: 33]     Reply [Subscribe]
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If she is below 18, they could have added her to their DV application, I believe.

Over 18, it will take some time. Consult some lawyer FYI.
 
Posted on 03-19-23 11:19 PM     [Snapshot: 38]     Reply [Subscribe]
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And why asking for a friend? The friend cannot ask?
 
Posted on 03-20-23 9:09 AM     [Snapshot: 114]     Reply [Subscribe]
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@passinthru,
The daughter is above 18. Any idea how to initiate it?

@chicagoan, Didn't u see she ask to me? Lame jokes are hard to digest this day.






 
Posted on 03-20-23 9:48 AM     [Snapshot: 135]     Reply [Subscribe]
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UNCLASSIFIED INSTRUCTIONS FOR THE 2022 DIVERSITY IMMIGRANT VISA PROGRAM (DV-2022) Program Overview The Department of State annually administers the statutorily-created Diversity Immigrant Visa Program. Section 203(c) of the Immigration and Nationality Act (INA) provides for a class of immigrants known as “diversity immigrants” from countries with historically low rates of immigration to the United States. For Fiscal Year 2022, up to 55,000 Diversity Visas (DVs) will be available. There is no cost to register for the DV program. Applicants who are selected in the program (selectees) must meet simple but strict eligibility requirements to qualify for a diversity visa. The Department of State determines selectees through a randomized computer drawing. The Department of State distributes diversity visas among six geographic regions, and no single country may receive more than seven percent of the available DVs in any one year. For DV-2022, persons born in the following countries are not eligible to apply, because more than 50,000 natives of these countries immigrated to the United States in the previous five years: Bangladesh, Brazil, Canada, China (including Hong Kong SAR), Colombia, Dominican Republic, El Salvador, Guatemala, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. Persons born in Macau SAR and Taiwan are eligible. Eligibility Requirement #1: Natives of countries with historically low rates of immigration to the United States may be eligible to enter. If you are not a native of a country with historically low rates of immigration to the United States, there are two other ways you might be able to qualify. Is your spouse a native of a country with historically low rates of immigration to the United States? If yes, you can claim your spouse’s country of birth – provided that you and your spouse are named on the selected entry, are found eligible and issued diversity visas, and enter the United States simultaneously. UNCLASSIFIED -2- Are you a native of a country that does not have historically low rates of immigration to the United States, but in which neither of your parents was born or legally resident at the time of your birth? If yes, you may claim the country of birth of one of your parents if it is a country whose natives are eligible for the DV-2022 program. For more details on what this means, see the Frequently Asked Questions. Requirement #2: Each DV applicant must meet the education/work experience requirement of the DV program by having either: at least a high school education or its equivalent, defined as successful completion of a 12-year course of formal elementary and secondary education; OR two years of work experience within the past five years in an occupation that requires at least two years of training or experience to perform. The Department of State will use the U.S. Department of Labor’s O*Net Online database to determine qualifying work experience. For more information about qualifying work experience, see the Frequently Asked Questions. You should not submit an entry to the DV program unless you meet both of these requirements. Entry period Applicants must submit entries for the DV-2022 program electronically at dvprogram.state.gov between noon, Eastern Daylight Time (EDT) (GMT-4), Wednesday, October 7, 2020, and noon, Eastern Standard Time (EST) (GMT-5), Tuesday, November 10, 2020. Do not wait until the last week of the registration period to enter, as heavy demand may result in website delays. No late entries or paper entries will be accepted. The law allows only one entry per person during each entry period. The Department of State uses sophisticated technology to detect multiple entries. Submission of more than one entry will render you ineligible for a DV. Completing your Electronic Entry for the DV-2022 Program Submit your Electronic Diversity Visa Entry Form (E-DV Entry Form or DS-5501), online at dvprogram.state.gov. We will not accept incomplete entries. There is no cost to submit an entry form. Please use an updated browser when submitting your application; older browsers (Internet Explorer 8, for example) will likely encounter problems with the online DV system. We strongly encourage you to complete the entry form yourself, without a “visa consultant,” “visa agent,” or other facilitator who offers to help. If someone helps you, you should be present when your entry is prepared so you can provide the correct answers to the questions and retain the confirmation page and your unique confirmation number. It is extremely important that you retain your confirmation page and unique confirmation number. Without this information, you will not be able to access the online system that informs you of your entry status. Be wary if someone offers to keep this information for you. You also should retain access to the email account listed in your E-DV entry. See the Frequently Asked Questions for more information about Diversity Visa program scams. You may also wish to view our video for an introduction to the Diversity Visa program and step-by-step guide to help you submit an entry. After you submit a complete entry, you will see a confirmation screen containing your name and a unique confirmation number. Print this confirmation screen for your records. Starting May 8, 2021, you will be able to check the status of your entry by returning to dvprogram.state.gov, clicking on Entrant Status Check, and entering your unique confirmation number and personal information. You must use Entrant Status Check to check if you have been selected for DV-2022 and if selected, to view instructions on how to proceed with your application. The U.S. government will not inform you directly. Entrant Status Check is the sole source for instructions on how to proceed with your application. If you are selected and submit a visa application and required documents, you must use Entrant Status Check to check your immigrant visa interview appointment date. Please review the Frequently Asked Questions for more information about the selection process. You must provide all of the following information to complete your entry. Failure to accurately include all the required information will make you ineligible for a DV. 1. Name – last/family name, first name, middle name – exactly as it appears on your passport. If you have only one name, it must be entered in the last/family name field. 2. Gender – male or female. 3. Birth date – day, month, year. 4. City where you were born. 5. Country where you were born – Use the name of the country currently used for the place where you were born. 6. Country of eligibility for the DV program – Your country of eligibility will normally be the same as your country of birth. Your country of eligibility is not related to where you live or your nationality, if it is different from your country of birth. If you were born in a country that is not eligible, please review the Frequently Asked Questions to see if there is another way you may be eligible. 7. The passport number, country of issuance, and expiration date for your valid, unexpired international travel passport. This requirement does not apply to dependents. You must enter valid international travel passport information unless you meet the requirements for an exemption. An exemption may apply if you are stateless, a national of a Communist-controlled country and unable to obtain a passport from the government of the Communist-controlled country, or the beneficiary of an individual waiver approved by the Secretary of Homeland Security and the Secretary of State. Failure to enter valid passport information will make you ineligible for a DV . For more information on whether or not you meet an exemption see question 12 in the Frequently Asked Questions document. 8. Entrant photograph(s) – Recent photographs (taken within the last six months) of yourself, your spouse, and all your derivative children. See Submitting a Digital Photograph for compositional and technical specifications. You do not need to include a photograph for a spouse or child who is already a U.S. citizen or a Lawful Permanent Resident, but you will not be penalized if you do. DV entry photographs must meet the same standards as U.S. visa photos. You will be ineligible for a DV if the entry photographs for you and your family members do not fully meet these specifications or have been manipulated in any way. Submitting the same photograph that was submitted with a prior year’s entry will make you ineligible for a DV. See Submitting a Digital Photograph (below) for more information. 9. Mailing Address – In Care Of Address Line 1 Address Line 2 City/Town District/Country/Province/State Postal Code/Zip Code Country 10. Country where you live today. 11. Phone number (optional). 12. Email address – An email address to which you have direct access, and will continue to have direct access, after we notify selectees in May of next year. If your entry is selected and you respond to the notification of your selection through the Entrant Status Check, you will receive follow-up email communication from the Department of State notifying you that details of your immigrant visa interview are available on Entrant Status Check. The Department of State will never send you an email telling you that you have been selected for the DV program. See the Frequently Asked Questions for more information about the selection process. 13. Highest level of education you have achieved, as of today: (1) Primary school only, (2) Some high school, no diploma, (3) High school diploma, (4) Vocational school, (5) Some university courses, (6) University degree, (7) Some graduate-level courses, (8) Master’s degree, (9) Some doctoral­level courses, or (10) Doctorate. See the Frequently Asked Questions for more information about educational requirements. 14. Current marital status: (1) Unmarried, (2) married and my spouse is NOT a U.S. citizen or U.S. Lawful Permanent Resident (LPR), (3) married and my spouse IS a U.S. citizen or U.S. LPR, (4) divorced, (5) widowed, or (6) legally separated. Enter the name, date of birth, gender, city/town of birth, and country of birth of your spouse, and a photograph of your spouse meeting the same technical specifications as your photo. Failure to list your eligible spouse or, listing someone who is not your spouse, will make you ineligible as the Diversity Visa principal applicant and your spouse and children will also be ineligible as Diversity Visa derivative applicants. You must list your spouse even if you currently are separated from him/her, unless you are legally separated. Legal separation is an arrangement when a couple remain married but live apart, following a court order. If you and your spouse are legally separated, your spouse will not be able to immigrate with you through the Diversity Visa program. You will not be penalized if you choose to enter the name of a spouse from whom you are legally separated. If you are not legally separated by a court order, you must include your spouse even if you plan to be divorced before you apply for the Diversity Visa. Failure to list your eligible spouse will make you ineligible for a DV. If your spouse is a U.S. citizen or Lawful Permanent Resident, do not list him/her in your entry. A spouse who is already a U.S. citizen or LPR will not require or be issued a visa. Therefore, if you select “married and my spouse IS a U.S. citizen or U.S. LPR” on your entry, you will not be prompted to include further information on your spouse. See the Frequently Asked Questions for more information about family members. 15. Number of children – List the name, date of birth, gender, city/town of birth, and country of birth for all living, unmarried children under 21 years of age, regardless of whether they are living with you or intend to accompany or follow to join you, should you immigrate to the United States. Submit individual photographs of each of your children using the same technical specifications as your own photograph. Be sure to include: all living natural children; all living children legally adopted by you; and, all living step-children who are unmarried and under the age of 21 on the date of your electronic entry, even if you are no longer legally married to the child’s parent, and even if the child does not currently reside with you and/or will not immigrate with you. Married children and children who are already aged 21 or older when you submit your entry are not eligible for the DV program. However, the Child Status Protection Act protects children from “aging out” in certain circumstances. If you submit your DV entry before your unmarried child turns 21, and the child turns 21 before visa issuance, it is possible that he or she may be treated as though he or she were under 21 for visa processing purposes. A child who is already a U.S. citizen or LPR when you submit your DV entry will not require or be issued a Diversity Visa; you will not be penalized for either including or omitting such family members from your entry. Failure to list all children who are eligible or, listing someone who is not your child, will make you ineligible for a DV and your spouse and children will also be ineligible as Diversity Visa derivative applicants. See the Frequently Asked Questions for more information about family members.
 
Posted on 03-20-23 1:04 PM     [Snapshot: 184]     Reply [Subscribe]
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Did US immigration changed the age of dependent before their 21 birth day ?
 
Posted on 03-20-23 1:22 PM     [Snapshot: 192]     Reply [Subscribe]
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https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-march-2023.html

Visa Bulletin For March 2023
Number 75
Volume X
Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during March for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with USCIS in the Department of Homeland Security must use the “Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin.

1. Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by February 9th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

3. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, and PHILIPPINES.

4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

A. FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)

Family-
Sponsored All Chargeability
Areas Except
Those Listed CHINA-mainland
born INDIA MEXICO PHILIPPINES
F1 01DEC14
01DEC14 01DEC14 01APR01 01MAR12
F2A C C C C C
F2B 22SEP15 22SEP15 22SEP15 01JUN01 22OCT11
F3 22NOV08 22NOV08 22NOV08 01NOV97 08JUN02
F4 22MAR07 22MAR07 15SEP05 01AUG00 22AUG02
22MAR05
22MAR05
22DEC10
01FEB16
01FEB16
B. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.
The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS.
Family-
Sponsored All Chargeability
Areas Except
Those Listed CHINA-
mainland
born INDIA MEXICO PHILIPPINES
F1 08AUG16 08AUG16 08AUG16 01DEC02 22APR15
F2A C C C C C
F2B 01JAN17 01JAN17 01JAN17 01JAN02 01OCT13
F3 08NOV09 08NOV09 08NOV09 15JUN01 08NOV03
F4 15DEC07 15DEC07 22FEB06 01APR01 22APR04
 
Posted on 03-20-23 1:51 PM     [Snapshot: 205]     Reply [Subscribe]
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Well, so much info here. Hard to read through all those lines guys!
I will add what I know from whatever knowledge I gained from my past immigration journey. Mine is not the same case like nu_rse mentioned, but just inferring some pointers for you.

# Since the daughter is on F1 OPT, so I believe she is already over 21, is it? If under 21 then, the parents can petition her from US itself (I do not know much about adding children in DV application and how it works) and she may be able to adjust the status in US itself without leaving and worrying about the present status. I have some doubts here. People please pitch in.

# But it looks to me she is already over 21. The parents can still petition for her definitely but it will take time, like 8-9 years until one can reach the time to adjust the status. It is a pretty long wait so just decide if she can stay in some kind of visa (student visa preferably) for that long, in case she does not want to leave the country. Immigration policy will tell you to go back and wait in Nepal until you become eligible for visa interview there, but I can understand that feeling of being with family when everybody is here itself.
One may think, it is easy now since parents have the green card, but the age of the children matter a lot while petitioning for them. 21 is the cut off age, that decides whether you will get all those immigration benefits or not.

Comments/ corrections welcome, please.

 
Posted on 03-20-23 5:53 PM     [Snapshot: 277]     Reply [Subscribe]
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https://www.uscis.gov/green-card/green-card-eligibility-categories

Refer to this info from USCIS, we don't know your exact situation.
 
Posted on 03-23-23 1:42 PM     [Snapshot: 482]     Reply [Subscribe]
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If the daughter is still under 21 when the parents enter US on DV visas, she can file for GC within the US with follow to join benefits.

If she is already above 21 and unmarried, one parent, after entering the US on DV visa, need to file a petition for her via i130. She can apply for GC in around 8 years in this case. She should remain unmarried till then. 
Last edited: 23-Mar-23 01:45 PM

 


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