Interpretation of 20 18 DS table of American relative immigration scheduling

In 2065438+2008, the timetable for American relatives to immigrate has already been announced, and there is little chance to apply for permanent resident status. This measure can effectively "freeze the age of children". Let's talk about the interpretation of the 20 18 US relative immigration schedule DS table.

However, as the waiting time exceeds 30 months, it becomes longer. Even though many applications have been waiting for as long as 1-2 years, the priority date or submission date of I-526 application may not be "current" when it is approved, so the measures of "trying to obtain" cannot effectively freeze the age of children.

Therefore, in the hundreds of I-526 applications of 20 17 and 20 18, many children of the approved persons who failed to take measures before 20 15 may be over age.

However, it is not easy to meet the requirement of CSPA to lock the age of prospective applicants. Practitioners and EB-5 families must travel between the State Council (DOS) departments and keep up with the change guidelines.

CSPA allows the actual age of the sub-applicant to be deducted from the waiting time of I-526 application. The CSPA age refers to the actual age of the child on the date of obtaining the visa (according to Table A, it can be the date when the application is approved or the first day of the month) minus the waiting time of the application. However, CSPA does not allow the deduction of the child's actual age from the time the I-526 application is approved to the time the visa takes effect, unless measures are taken to freeze the child's age when the visa takes effect. There is no timetable before May, 20 15, but now, when the applicant is approved by I-526, its priority date will usually not become current.

In order to effectively lock the age, the child must "try to obtain" permanent residency within 1 year after the visa is available.

How to lock it?

Before,

Submit DS-260 form, but DS-230 form is also allowed;

If the principal applicant changes his identity in the United States and the children of the deputy applicant seek a visa, they can submit the I-824 form;

If both the principal applicant and the child are legally in the United States, they can submit the I-485 form to change their status. If only the main applicant submits I-485, the age of the child cannot be locked.

Of course, you can't pay unless you have issued an expense notice, but in many cases DOS won't issue an expense notice. The issuance of expense notice is random and unpredictable.

Following the BIA (Immigration Appeals Board) decision, the United States Immigration Service (USCIS) published a guide on Vazquez, clarifying the CSPA locking procedure. It is worth noting that the guide suggests that the payment of the visa application fee (rather than the submission of the actual visa application) "may" meet the requirements of "trying to obtain".

After DOS (Visa Office of the State Council, USA) revised and re-established FAM and visa modernization plan created visa bulletin tables A and B, the locking rules of CSPA changed. 9 FAM 502. 1- 1(d)(6) The new rules are as follows:

While submitting the DS-260 form to freeze the child's age, the applicant cannot submit the DS-230.

Payment of visa fees can meet the requirements you are trying to obtain.

Although FAM has some new rules, it is actually much more difficult to follow them than it seems. To submit DS-260 and pay the fee, the National Visa Center (NVC) must send a fee notice to each family member. However, if NVC thinks that the child is over age, it will not issue a charge notice to the child. Therefore, it is impossible for families who cannot submit I-485 to complete the locking procedure. In contrast, the DS-230 form is a paper form, which can be filled out even if NVC has not issued a fee notice. It is also common not to give your child an interview appointment notice.

Even if the locking procedure is completed perfectly, the challenge for the applicant becomes how to prove this to the consular officer. Expired DS-230 forms will not be entered into the central database, so consular officials don't know whether proper locking procedures have been carried out. Similarly, although I-824 will be submitted, USCIS will not automatically notify DOS that the form has been submitted.

In this case, it is necessary to ask for the expense notice frequently. It should be pointed out that the final age of the child should be decided during the interview, not before.

Many applicants who met the requirements of CSPA before 1.5 years will find that the measures they have taken may no longer meet the current requirements of CSPA. Therefore, their immigration lawyers are very aware of the rules of these changes, so as to effectively advocate and present favorable evidence to prove that the age of their children was indeed frozen by CSPA before NVC and Doss.