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

EMPLOYMENT-BASED PREFERENCES