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Visa bulletin shows visa availability for August 2103 (F2A category) as current. What does it mean?

Norwalk, CT |

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.

Thank you.

Additional info I found below the tables: http://www.travel.state.gov/visa/bulletin/bulletin_6028.html D. VISA AVAILABILITY FAMILY-sponsored: F2A: This category has become “Current” for August, and is expected to remain so for the next several months. This action has been taken in an effort to generate an increased level of demand. Despite the fact that there are large amounts of registered F2A demand, currently there are not enough applicants who are actively pursuing final action on their case to fully utilize all of the available numbers.

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Attorney answers 6

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Posted

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!

The above is not legal advice. It is general information. I only give legal advice to those who have a retainer agreement with me. You may also seek further information on my website - http://immigrationlawyernewhavenct.com

Posted

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
www.malathibenjamin.com

This is not to be regarded as legal advice which can only be properly offered after a careful assessment of your case. Please consult with an experienced immigration attorney.

Posted

It is not a mistake, the visa is available. If the alien is in status, they can file concurrently the I-130/I-485.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Posted

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.

IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.

Posted

It means a visa number is currently available. I-130 and I-485 can be filed concurrently. Act before it regresses.

This is not legal advice and a client attorney relationship is not created. For consultation call: 855-422-2426.

Posted

This means that an I130 and I485 can be filed concurrently and as soon as it is processed and approved you can have a green card. I recommend applying before a backlog form again.