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Immigration Law Weekly

March 10, 1996

I am an unmarried, childless 26 year old daughter of a US citizen mother who changed her status from LPR to citizen last September. I have received OF-230-I form from the US consulate in Turkey. I will complete and return this form and prepare all required documents then I will ask for an immigrant visa interview. It is mentioned that people who do not have an Immigrant Visa Number on 30th of September 1996 will be eliminated when Smith Bill is accepted.

What is an Immigrant Visa Number? Is it equal to Alien number? I want to know exactly at which step I will be given an Immigrant Visa Number? Am I in a dangerous group ?

There actually is no "immigrant visa number". The key issue is whether or not you are in the visa backlog on the date that the law passes. In immigrant visa categories, there are a fixed number of visas available per year. Where there are more approved cases than available visas, a backlog (waiting list) develops. Anyone in a category which the Smith Bill proposes to eliminate who does not have a visa available to them at the date of enactment will lose their eligibility.

Since your mother has become a citizen, you have moved from the 2b preference (which has a backlog) to the 1st preference (which does not have a backlog) family-based category. The 1st preference is "current" so a visa is available to you now. You have already received Form OF-230 Part I from the U.S. Consulate, so it is clear that consular processing has begun. Consular processing does not begin until a visa is available.

In other words, even if the Smith Bill passes before you get your immigrant visa issued, you should still be okay.



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