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This Week's Immigration News 
By Immigration Attorney Caroly Pedersen

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Immigration News & Updates eNewsletter ©  2011  - 2014  
For questions about U.S. Residency, Green Cards and Immigration Visas, Visit our Website at: or  call our office at: (954) 382-5378

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Questions & Answers

Question: I am over 21 years old and my U.S. Resident parents living in the US filed for me in April 2010. Its about four years and i still did not get my visa. How much longer will it take for the visa to be available to me? I saw on the USCIS website it shows the I-130 taking almost 4 and 9 months in the processing time. What if my parent gets U.S. Citizenship? Thank you so much.
Answer: ​Adult, single children of U.S. Residents are in the F2B Family Immigration Preference category. Right now, it is taking 7-8 years to wait for a visa to be available in that category. If your parent filed for you 4 years ago, you have another 3 years or so to wait. 

​The important thing to know is the Priority Date on the I-130 petition filed by your parents on your behalf. You can use that Priority Date to check the Visa Bulletin to see how much longer you will need to wait for a visa to be available. Immigrant Visa availability is updated each month by the State Department on its monthly Visa Bulletin Website.
Helpful Immigration Hints You Can Use
Make A USCIS e-Request 
For Inquiries On Pending Cases
Immigration How To: 
How Do I Make An Infopass Appointment?
InfoPass allows you to schedule an appointment a the local U.S. Citizenship and Immigration Services (USCIS) office and to make an inquiry about your case with an Immigration Officer.

Click Here to schedule an appointment and select “Make Your Appointment with Infopass”

Type in your mailing address ZIP code (so that InfoPass will assign you to the correct USCIS office)
The USCIS offers customers with pending cases the option of sending an electronic e-Request for information using an electronic inquiry form on the USCIS Website. In order to make an inquiry, you will need to have the case number, form type, filing date, zip code on file and other information.

Click Here to Visit the USCIS e-Request Webpage 
House Democrats File “Discharge Petition” In Hopes of Passing Immigration Reform
As expected, Democrats in the House of Representatives have introduced the long awaited procedural measure called a “Discharge Petition” in an attempt to force a vote on Immigration Reform. Since the Senate passed it’s Immigration Reform Bill last year, the Republican House leadership has refused to allow an Immigration Reform Bill to be brought up on the House floor for a vote. 

You can learn more about Family and Employment Visas by visiting our website or by calling our office at: (954) 382-5378.
New Policy Restricts Automatic U.S. Citizenship For Children Born Abroad To U.S. Parents Using Assisted Reproductive Technology
Under new guidelines, U.S. Citizen mothers who use Assisted Reproductive Technology  (ART) for babies born abroad must be either biologically (through genetics) or gestationally connected to their children, in order for the child to be eligible for transmission of U.S. Citizenship.

This means that in order for a mother to transmit her U.S. Citizenship to her child (conceived through Assisted Reproductive Technology (ART)), the U.S. citizen father must be the genetic (biological) parent and the U.S. citizen mother must either be the genetic or gestational (the woman who carries and gives birth to the child).
In order to proceed, the Bill requires at least 218 signatures. The House currently has 435 Members, 199 Democrats and 233 Republicans. This means that supporters of the Bill need all 199 Democrats to sign the Bill, plus another 19 from Republicans in order to get the Bill on the House floor for a debate as to whether to adopt it. If 218 House members sign the Bill and it is adopted after debate, the House will be forced to vote on the Immigration Reform Bill immediately. 
However, it’s a “long shot” and by no means certain that this strategy will succeed. Even the Bill’s sponsors foresee an uphill battle ahead, not only to get the required 218 signatures, but more importantly, to obtain enough votes after House debate to get the Bill adopted for a vote on its passage. 

But in the end, supporters say that even if the tactic fails, the process itself is important to keep the focus on the need for Immigration Reform and the pressure on Republicans to take action. Stay tuned…

In normal circumstances, U.S. Citizen parents who have biological children born overseas may register their children as U.S. Citizen’s at the U.S. Embassy or Consulate and apply for a U.S. passport for the child. However, with the advent of technological advances such as ART, a child’s eligibility is not so certain. This is especially problematic in international surrogacy arrangements where the U.S. Citizen couple’s use ART to conceive the child from donated eggs or sperm and another woman acts as the surrogate to carry the child. In these case, either one or both of the parents lacks the genetic connection and since the child is carried by a surrogate, the “gestational” requirement is missing as well, resulting in the parents ineligibility to transmit automatic U.S. Citizenship to the child at birth. 

State Department Advisory for U.S. Citizens considering using ART abroad
The USCIS processing time you are referring to does not have anything to do with “when” an Immigrant Visa will be available to you, it only refers to “how long” it is currently taking the USCIS to process the I-130 petition and approve it. Then, once the I-130 petition is approved, you still need to wait until the Visa Bulletin shows that an Immigrant Visa is available to you, based upon your Priority Date in the F2B category.

If your parent Naturalizes and becomes a U.S. Citizen, you move from the F2B category to the F1. The F-1 category for single, adult children of U.S. Citizens is currently taking about 6-7 years for a visa to be available. 

Click below to visit the Visa Bullten Website and a more detailed explanation of family Immigrant Visa waiting lines: 

State Department Visa Bulletin

Family Immigration Waiting Lines Explanation
Select the type of appointment you need to solve your problem, Provide your name, date of birth, ZIP code and telephone number, choose an available date and time for your appointment (if you don’t see a convenient time, check back with InfoPass – new appointment choices are made available each working day); and when the appointment notice appears on your computer screen (showing the time, date and location of your appointment), print it out to show at your InfoPass appointment. 

On the day of your appointment you will need bring:

Printout of the InfoPass appointment notice confirmation

Government-issued Photo identification (passport, valid driver’s license, Employment Authorization Document, or Form I-551, Permanent Resident Card (‘green card”)

All immigration forms, receipt notices, approval or denial letters-including translations and original documents that relate to your inquiry.

For general information you can call the USCIS at 1-800-375-5283