Cross Chargeability, Filing Immigrant Visa Petitions or not, ID’s being ...

Priority dates:
• A lot of movement for most preference categories in the family preference category.
• Employment based 1st preference is current.
• Employment 2nd preference is current for all other countries except India, China and Philippines.
• Employment 3rd preference is almost current for all other countries except India, China, and Philippines.
• Employment 4th preference is current for everyone.
• Employment 5th preference is current for everyone.
Cross Chargeability:
• Individuals who are in a category that is either progressing slowly or has retrogressed should consider cross chargeability. This is done if a spouse is from another country that is progressing normally or is current.
Filing Immigrant Visa Petitions or not:
• If cross chargeability is not available and person is considering filing a petition or not filing, it is encouraged to file a petition. Priority dates are always subject to change and once in the system, if there is positive movement, a person can take advantage of changes which include CIR.
• Disadvantage of filing is that no casual travel can be done due to the issue of 214(b). The issue of intent has been made once an immigrant visa is filed, therefore applications for non-immigrant visa applications may be difficult to obtain. Alternate option would be to file non-immigrant visa applications such as visitor or student visas before filing an I-130 petition. This would allow for travel back and forth while petition is pending.
ID’s being issued to Illegal Immigrants:
• Certain states are issuing driver license’s and Id cards.
• Obama administration has stated that preferences should be made towards prosecution of illegal immigrants through prosecutorial discretion. Those with serious crimes should be on the top priority including terrorists, and those will only immigration infractions should be on the bottom of the list.
• Talks of immigration reform and addressing illegal immigration, as well as reforming legal immigration programs. Suggestions should have a balance of addressing both.