Availability of immigrant visas for Spouses and Children of Permanent Residents will be current as of August 2013. I assume it is a mistake, otherwise is it possible that visas will be immediately available to those family members the same way they are to family of citizens.
If that is true could a permanent resident petition for spouse by concurrently filing I-130 & I-485? I have never seen anything like it and it seems strange to me. Please let me know your opinion.
That is correct. Once the priority date becomes current, the foreign national would be able to adjust status contemporaneously with the filing of the Petition for an Alien Relative. You should speak with an immigration lawyer immediately in order to prepare your application and file it once the visa numbers become immediately available.
However, don't forget that a very major difference between spouses/children of US citizens and that of permanent residents is that in most cases, the spouse/child of an LPR must be in valid status at the time of filing, the spouse/child of a USC must only show that they entered legally, despite any overstay. This is a major problem for many people, and no one should file without discussing their case with a good immigration attorney. If you file and turn out to be ineligible, your case will be denied and removal proceedings may be instituted. Get good legal advice!
This is not a mistake! Immigrant visas will be available for the spouse and minor children of permanent residents from August 1 onwards. This is expected to retrogress in October however. Of course the beneficiaries must meet other qualifying requirements. As of August 1 those who qualify can concurrently file the I-130 and I-485. If this is you consult an immigration attorney immediately.
Malathi Benjamin PLC
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