6/7/2010

Readers with family-based immigration cases may have noticed significant advancement in the U.S. Department of State (DOS) Visa Bulletin cutoff dates in the Family 2A category for spouses and minor children of U.S. permanent residents. The dates have moved forward by several years for all countries of chargeability during fiscal year 2010. There is a possibility that some of the numbers will go unused at the end of the fiscal year, as the number beneficiaries finalizing their green card cases in this category is lower than anticipated from the number of I-130 applications.

The reason for this problem with the variation between anticipated visa number usage and actual usage is not clear. The Ombudsman's office is working with the DOS and USCIS to identify the reasons for the discrepancy between the numbers of I-130s filed in this category and the visa number usage. The age of the cases may be a contributing factor, and the fact that this often makes it difficult to communicate with petitioning relatives who have since relocated. The USCIS may issue RFEs for cases that have not been approved. 

When so much time has elapsed since the petition was filed, these may go to addresses that are long-since out of date. Petitioners frequently are unaware of the need to update USCIS records when they change addresses. This is particularly so for U.S. citizens who are no longer subject to AR-11 change-of-address requirements. (Many I-130 petitioners filed as permanent residents, but naturalized to U.S. citizenship after filing.) The Ombudsman's office wishes to remind petitioners of the need to update the USCIS records regarding address changes.

Other possible reasons for the lack of case approvals through to permanent residence in this category were suggested. These include children no longer qualifying due to "aging out" of eligibility and/or getting married during the previously greatly extended waiting times for visa number availability in the F2A category. There also were a great many permanent residents who naturalized to U.S. citizenship in the past few years, with a surge of filings in mid-2007. There could also be complications with the ability of petitioner to meet affidavit-of-support requirements, in light of the downturn in the economy.

There could be many other reasons for the reduced number of case approvals. Those with F2A cases should monitor their cases, update any changed addresses, and watch the monthly DOS Visa Bulletin for their priority dates to become current.