Need information concerning US and retrogression

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Hi,

I am an NCLEX RN passed Nurse and I would like to process my papers for US Immigration. But I came to know that the Retrogration period will be beginning 2008 and continues until 2011. Is this information correct?

Kindly let me know.

Thanks,

With a visa waiver, they cannot adjust their status as there is no visa that was issued to adjust. This goes for all from the European Union, as well as from any other countries that are covered under that waiver. The visa waiver is also good for a maximum of 90 days, and they need to have the actual tourist visa in their passport to start the adjustment process. They are affected just like everyone else.

Not sure about the rest of the world, but the Visa Waiver from the UK allows a maximum 90 day visit to the US and is not to be used for seeking work or conducting business.

The B2 tourist visa is good for 6 months, but that is also meant to be used for tourism only and not for seeking work.

I have 3 co-workers, 2 from India & 1 from the UK, who all came to the US on tourist visas within the last 2 years and overstayed their 6 months by doing AOS......all 3 of them now have green cards......makes a mockery of the system don't you think?

Not sure about the rest of the world, but the Visa Waiver from the UK allows a maximum 90 day visit to the US and is not to be used for seeking work or conducting business.

The B2 tourist visa is good for 6 months, but that is also meant to be used for tourism only and not for seeking work.

I have 3 co-workers, 2 from India & 1 from the UK, who all came to the US on tourist visas within the last 2 years and overstayed their 6 months by doing AOS......all 3 of them now have green cards......makes a mockery of the system don't you think?

Don't get me wrong I am totally against tourists coming to the US with the intent of getting a green card when many others do things the proper way from their home countries. But my point was directed at the anger people feel towards those who applied in July/Aug. The vast majority were not concurrent filers but those who have been in the system for many years....and not even nurses. The practice of nurses coming over as tourists and getting green cards should be completely stopped. As far as I can see after all the hoops we have had to jump through it should be pretty easy for USCIS to establish that there was dual intent especially if the original tourist visa was overstayed. With the length of time it takes to get a green card number and continued fees for EAD's there should be resources available to complete processing efficiently.

Not sure about the rest of the world, but the Visa Waiver from the UK allows a maximum 90 day visit to the US and is not to be used for seeking work or conducting business.

The B2 tourist visa is good for 6 months, but that is also meant to be used for tourism only and not for seeking work.

I have 3 co-workers, 2 from India & 1 from the UK, who all came to the US on tourist visas within the last 2 years and overstayed their 6 months by doing AOS......all 3 of them now have green cards......makes a mockery of the system don't you think?

Yes, you are correct. The waiver program for all countries eligible for it are only good for 3 mos. and they cannot adjust status since there are no visas involved.

I also agree on the comment "making a mockery of the system", esp. if we add up the over staying.

Don't get me wrong I am totally against tourists coming to the US with the intent of getting a green card when many others do things the proper way from their home countries. But my point was directed at the anger people feel towards those who applied in July/Aug. The vast majority were not concurrent filers but those who have been in the system for many years....and not even nurses. The practice of nurses coming over as tourists and getting green cards should be completely stopped. As far as I can see after all the hoops we have had to jump through it should be pretty easy for USCIS to establish that there was dual intent especially if the original tourist visa was overstayed. With the length of time it takes to get a green card number and continued fees for EAD's there should be resources available to complete processing efficiently.

I am saying this with out most respect and am not defending letina.

The problem was that there was suppose to be no filing of AOS all together from all industries as there were no visas available to adjust to. It was always the policy of USCIS not to allow filing of AOS coming from all categories if there were no visas available for the visa category. Always has.

Another grossly unfair thing that happened was when they canceled scheduled interview dates on the diff. consulates and embassies around the world in July and Aug. then gave people (both nurses and non-nurses, tourists and long time working visa holders) time to file AOS on those very same months. What gives? I have no problem if being able to file AOS (nurses and other people on H1Bs from other industries) was "legit" but everyone knows that USCIS was only forced to do so and there aren't suppose to be any filing of AOS since there are no visas and if they did not cancel those appointments on the consulates and embassies.

We really need to understand if people feels they got the short end of the stick, esp. if it were grossly and unfairly done so.

Just my humble opinion.

In the first place nobody forced Dep. of State to publish July visa bulletin with all categories listed as current. After they did, people paid to lawyers, paid for their medical exams, plus Dep. of State had never changed visa bulletins before, it was a dangerous precedent. Most of those who filed for AOS has been in this country for many years. If it was OK practice, Dep. of State would leave corrected Visa Bulletin in place with all categories listed as unavailable, and USCIS would not accept any petitions in July/August.

I agree that they should not allow to file for AOS to those on B1/B2 visas.

In the first place nobody forced Dep. of State to publish July visa bulletin with all categories listed as current. After they did, people paid to lawyers, paid for their medical exams, plus Dep. of State had never changed visa bulletins before, it was a dangerous precedent. Most of those who filed for AOS has been in this country for many years. If it was OK practice, Dep. of State would leave corrected Visa Bulletin in place with all categories listed as unavailable, and USCIS would not accept any petitions in July/August.

I agree that they should not allow to file for AOS to those on B1/B2 visas.

Yes, we are with you there. USCIS/DOS made a mistake and they paid dearly for it. It is not so much as to why they allowed AOS to continue during those months but why those from outside the US who did exactly the same as their counterparts in the US had their interview dates canceled on those very same months. Remember, they also paid for their own immigration fees, lawyer's prof. fees, and medicals as well and in fact already on the very last stage of the whole process (the interview). Why were their interview dates canceled during those months just as they are letting AOS continue on those very same months ? This is what makes it unfair. Canceled interview dates in consulates and embassies after Aug. or at least Aug. 15 is understandable but not where everything was in the thick of things.

Have not heard any explanations from USCIS or DOS why this happened and where those visa numbers that were suppose to be reserved already went to? Only news that was heard was that the consulates and embassies returned those visa numbers back. Where and for whose consumption? No explanation, up to now.

Specializes in mental health and substance missuse.

Roughly how long is the current wait for someone coming from the UK.

I am a British Citizen but was born in Jamaica so will I be processed as British or Jamaican?, if the latter, how long roughly is the wait for Jamaican's?

Thanks

Specializes in Medical and general practice now LTC.
Roughly how long is the current wait for someone coming from the UK.

I am a British Citizen but was born in Jamaica so will I be processed as British or Jamaican?, if the latter, how long roughly is the wait for Jamaican's?

Thanks

It goes on where you was born and current processing date is Oct 2002. It is not cut down into countries except for Philippines, China, India and Mexico. The bulletin is updated roughly 15th of the month with what will be pertaining for the following month all you can do is keep an eye on it.

Visa Bulletin

In the first place nobody forced Dep. of State to publish July visa bulletin with all categories listed as current. After they did, people paid to lawyers, paid for their medical exams, plus Dep. of State had never changed visa bulletins before, it was a dangerous precedent. Most of those who filed for AOS has been in this country for many years. If it was OK practice, Dep. of State would leave corrected Visa Bulletin in place with all categories listed as unavailable, and USCIS would not accept any petitions in July/August.

I agree that they should not allow to file for AOS to those on B1/B2 visas.

I highly agree on this. Allowing AOS for those B1/B2 visas is will just proliferate the practice of those who have tourist visas, go to the US with the intention of working there. Hope this practice of Adjusting status from B1/B2 to immigrant (EB3) can be checked with the proper authorities because this is surely a loophole in the system. It is making things worst for many legitimate applicants waiting patiently in line from their home country.

Roughly how long is the current wait for someone coming from the UK.

I am a British Citizen but was born in Jamaica so will I be processed as British or Jamaican?, if the latter, how long roughly is the wait for Jamaican's?

Thanks

It does not go by citizenship, but by the country of birth that is listed on your birth certificate.

Right now, we do not know the wait time and what it will be for you. You can figure on five years if you have not started any process as of yet, and that still does not make it an automatic deal anymore.

hi I am a nursefrom India have passed my NCLEX & IELTS about 2 yrs back. I-140 is already filed in embassy. But DS-230 is just waiting because of retrogression. Wanted to know how long is it going to take?

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