A Olusanjo OmoniyiImmigration Attorney
The time frame provided by Charlie at the conference for Chinese nationals was an estimation based on the number of petitions and a priority date that regularly fluctuates from month to month. Prospectively, various variables would continue to affect the processing times and the eventual decision of the State Department such as the number of submitted and approvable petitions both from China and the rest of the world. Also, assuming the current scenario persists, the starting point for the State Department''s estimated time for I-526 from fling to approval is currently at about three years. Unless there is a significant relief, the processing may increase. Secondly, the waiting period for either DS-260 or I-485 for the Chinese nationals can be as much six to eight years depending on the priority date as periodically announced in the Visa Bulletin. Thirdly, add another 2 years before filing I-829 to obtain permanent residency, the I-829 application can then languish for another 2.2 years. Thus, breaking down the 16.2 years waiting period scenario may look like this: (4 + 8 + 2 + 2.2) and this is not unusual. This estimate may vary depending on how well the petition is handled in terms of the quality and quantity of information provided to the USCIS by investors themselves and the delay these Chinese petitions may experience from other related agencies, such as the NVC at relevant times. Last but not the least, this scenario may be ameliorated by any of the bills floating in the Congress if they could metamorphose into a good bill or law without too much opposition from groups with diametrically opposite interests, which seem to bedevil all the current bills.