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Immigration View Navigating Complex U.S. Immigration Laws

New Visa Bulletin: Spouses and Children of Permanent Residents (F2A) CURRENT

Posted in General Immigration News and Updates, Immigrant Visas, Priority Dates

The Visa Bulletin for August 2013 clearly shows that the Family Based Second Preference Category F2A for Spouses and Children of Permanent Residents be current across the board, but according to the new visa bulletin, it is!  You can view the August 2013 Visa Bulletin here:  http://www.travel.state.gov/visa/bulletin/bulletin_6028.html or see below for information.

I can’t say whether this is completely unprecedented (as in never (ever) happened before), but I certainly cannot recollect it happening during my career (17 years!).  My suspicion is that this is in reaction to the new Immigration Bill pending in Congress, which seeks to eliminate this category.  If you are a spouse or child of a permanent resident, this may be a last opportunity to seek permanent residency.

On another positive note, the Employment Based Second Preference Category for Indian nationals moved forward from Sept. 1, 2004 on the July 13 Bulletin to January 1, 2008 on the August 13 Bulletin.

As a reminder, when a priority date is current, it means that the beneficiary can apply for permanent residency, which means applying for adjustment of status, if in the U.S. lawfully, or via consular processing, if located abroad.  It is necessary to have an approved preference petition (i.e. an I-130 or I-140 petition), which is what sets the priority date.  This information is very general; please contact us with further questions or an analysis of your specific situation.

FAMILY-SPONSORED PREFERENCES

Family-Sponsored

All Charge-ability Areas Except Those Listed

CHINA- mainland born

INDIA

MEXICO

PHILIPPINES

F1

01SEP06

01SEP06

01SEP06

01SEP93

01JAN01

F2A

C

C

C

C

C

F2B

01DEC05

01DEC05

01DEC05

01FEB94

22DEC02

F3

08DEC02

08DEC02

08DEC02

01MAY93

01DEC92

F4

22JUN01

22JUN01

22JUN01

22SEP96

08JAN90

EMPLOYMENT-BASED PREFERENCES

Employment- Based

All Chargeability Areas Except Those Listed

CHINA- mainland born

INDIA

MEXICO

PHILIPPINES

1st

C

C

C

C

C

2nd

C

08AUG08

01JAN08

C

C

3rd

01JAN09

01JAN09

22JAN03

01JAN09

22OCT06

Other Workers

01JAN09

22MAR04

22JAN03

01JAN09

22OCT06

4th

C

C

C

C

C

Certain Religious Workers

C

C

C

C

C

5th
Targeted
Employment Areas/
Regional Centers and Pilot Programs

C

C

C

C

C

___________________________

Alka Bahal is a Partner and the Co-Chair of the Corporate Immigration Practice of Fox Rothschild LLP.  Alka is situated in Fox Rothschild’s Roseland, New Jersey office though she practices throughout the United States and at Consulates worldwide. You can reach Alka at (973) 994-7800, or abahal@foxrothschild.com.