Visa Bulletin (September 2004)

[Mo]

April 98? - and I though I was far-off from my priority date - which is only 59 days from the current cut-off date in F1.

April98 is about 6.5 years gap to this date, and is continuing to extend, based on what's happening these days.... I hope they get to you very soon. Best wishes to all who are suffering under this system.

[k2003]

Well, it had been moving along...and we had hoped to be there by now. I am really hoping now that it will pick up...we are only out about 6 months.
If it went back to moving forward 1 month every month, we would be ok...if not, then we had better start looking at other options!
I am waiting to see what happens in FY2005 (first few months),then we will make a decision if we need to change strategies.
Surely to goodness, it couldn't be 6.5 years....we have already waited that long!!!

[Sunita]

Hi K2003 our priority date is 8 september 1998 so you are well before us which is good atleast it will make your waiting a little easier knowing a lot of others are behind you .my neighbour is August the15 1999 and I am happy I am infront that I don't have so long to wait in comparison to them.Well let's hope by xmas we passed a four months waiting time which will be easier on us all.I think what kept our waiting period so long is because a lot of parents acquired their their citizenship then upgraded their children petition from f2b to f3 so their children went and get married and their entire family qualified for an f3 visa and that put a strain on our petitions that was originally filed as f3.At the time I was sponsered it was only three years waiting time.Anyway all we have to do is wait and wait

[Mo]

For those with little knowledge for I-130 and I-485 (AOS) processings...

Source: Murthy.com

The USCIS defines a backlogged case essentially as any case that has been with the USCIS more than three to six months from any given date, depending on the case type and the target processing times. Based on this definition, the USCIS has determined that there were approximately 3.4 million cases in the backlog at the end of 2003.

At present, the worst backlog is in the petitions for relatives, Form I-130, with 81% of the cases backlogged. The current average waiting time for adjudication of Form I-130 is 35 months or almost 3 years! Of course, this is due in part to the lower priority in processing given to Form I-130 for those relatives with substantially backlogged priority dates. Because many of the categories of relatives cannot benefit from the I-130s for at least several years, even with an approval, these cases were viewed as far less urgent.

One form that does create problems due to the backlogs is Form I-131, when used for reentry permits. This type of case has a 72% backlog, with an average processing time of 11 months. Many MurthyDotCom and MurthyBulletin readers are familiar with the I-140 Petitions filed in connection with employment-based immigration cases. These petitions have a 31% backlog, also with an average time of 11 months. Another familiar form with extended processing times is the Application for Adjustment of Status, Form I-485. These applications have an average processing time of 23 months (or approximately 2 years), resulting in a 62% backlog.

The USCIS believes that Applications for Change / Extension of Status, Form I-539, should be processed within 3 months. Therefore, though the average processing time is currently 4 months, the USCIS calculates a 45% backlog in I-539 cases. Finally, citizenship applications, Form N-400s, have a 57% backlog, with the average decision time of 14 months. Clearly, the backlogs are a problem and lengthy adjudications create numerous difficulties and unjust situations.

Backlog Reduction Plan

There are currently more than 6 million cases pending at the USCIS, with an average annual receipt of nearly 6 million cases. Therefore, until the backlog is reduced, the USCIS has estimated that they will need to adjudicate more than 7 million cases per year. This level of effort represents almost a 20% increase in productivity for the USCIS.

The USCIS has developed milestones for particular cases for which backlogs are an issue. The goal, essentially, is to reduce the processing time for each type of backlogged case each year.

I-130 Goals :

An example of the milestones for the most backlogged petition, the I-130 shows an improvement that, if accomplished, would be quite remarkable. The I-130 petitions are targeted to be reduced from the current 35-month processing time to a 30-month processing time by the end of this fiscal year. This processing time will then, under the plan, be further reduced to 16 months by the end of FY2005, and to 6 months by the end of FY2006.


Good Luck People... You need it.

[tkalush]

Just a question about the visa bulletin and DV lottery numbers, the way I understood it the maximum number of visas in this category is 55000, how come there are certain countries being listed as having 31,600 27,600 etc. How can this be?

[BronzeLady]

There are 50,000 (the numbers are reduced for NACARA & HRIFA green cards) visas available. Not 50,000 per region but 50,000 for ALL of the regions combined. That's why the number is different for different regions.

[tkalush]

Hi Bronzelady
What I wanted to find out is how a country can get 31,600, another one 27,000 etc. if the maximum is 50,000. Another part of the bulletin i don't understand is the statement "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., 30,130 for FY 2004.