The most common immigration pathway to the United States is family-based immigration. US citizens and lawful permanent residents (LPRs) may file petitions for their clan, and if approved, those family members can successfully immigrate to the United States. Deciding whether a visa is accessible to a specific relative can be complicated and confusing. Every month, the US State Department posts the “Visa Bulletin,” which depicts handling times for various cases, including family-based visas.
Reading a Visa Bulletin?
The Visa Bulletin publishes the “Final Action” date for family-based visa categories. For instance, a spouse or child under 21 of a lawful permanent resident falls in the “F2A” category on the Visa Bulletin. The final action date in the F2A category for all countries is February 8, 2019. This implies that only F2A immigrants with an I-130 petition with a priority date before February 8, 2019 presently have a visa accessible to them.
If you have an approved I-130 petition, look at the I-130 receipt or approval notice for your “priority date.” Suppose the priority date is before the final action date on the Visa Bulletin. In that case, a visa is immediately available, and you can likely start immigrating to the United States through consular processing. Suppose your priority date is after the final action date. In that case, you must wait for a visa to become available before applying for an immigrant visa through consular processing.
A few months prior, the priority date for the F2A category was current. Until a few months ago, the priority date for the F2A category (spouses and unmarried children) was current and had been for several years. This meant that a visa was immediately available to spouses and children of lawful permanent residents upon approval of their I-130 petition. Sadly, the Visa Bulletin was recently updated to reflect that visas were no longer available in the F2A (or F2B) categories.
The Visa Bulletin is updated every month, and sometimes, the final action dates can change dramatically by moving upwards or backward (called degeneration), as they recently have for the F2A category. That is why checking the Visa Bulletin each month is recommended to see if the final action dates have changed. Additionally, suppose you are the beneficiary of an approved I-130, but your visa is not currently available. In that case, it is essential to periodically check in with the National Visa Center (NVC) to keep your I-130 petition active. You should check in with the NVC at least once a year to ensure your I-130 petition remains active.
The Visa Bulletin and the family-based immigration process through consular processing can be complicated. Therefore, we recommend scheduling a consultation with an experienced law firm if you have questions about this process. Contact the Houston Personal Injury Attorney, Karan Joshi, by calling 888 362-9008 and initiate your journey towards success today!