What Is the USCIS Visa Bulletin?
The family-based immigration process begins when a U.S. citizen or lawful permanent resident submits a Form I-130, Petition for Alien Relative, on behalf of a foreign nationals family member. Due to the high demand for family based immigrant visas, there is typically a waiting period for family preference categories. In these cases, the Department of State issues immigrant visas called green cards on a first-come, first-served basis for each category.
If you fall under a family preference category, it’s important to know that an approved I-130 petition does not automatically allow you to come to the United States. An approved I-130 means that USCIS has verified your qualifying relationship and placed you in line for visa processing. The visa bulletin exists to indicate when your visa is available for use.
Your specific place in line is determined by your priority date. You reach the front of the line when your priority date becomes “current.” The U.S. Department of State publishes a monthly visa bulletin showing the current priority dates, which now have available immigrant visas. You must check the visa bulletin to see if your immigrant petition is current. When it is, you can apply for a green card.
The Importance of the Visa Bulletin
The Visa Bulletin is crucial to seeing your availability to get a green card once you know your priority date and third preference category. Many green card applicants are unaware of when the priority date appears, and they miss the cutoff dates.
Determining Your Priority Date
The numerical limit for family preference immigrant visas creates a waitlist, and the beneficiary’s place in line is determined by the applicant’s priority date. The cutoff date is established when the I-130 petition is filed. When USCIS accepts Form I-130, they assign a priority date.
Finding your priority date is simple. Check the I-797 Notice of Action, I-130 Receipt Notice, that USCIS sends after receiving Form I-130 for processing. You can also use the Approval Notice that USCIS sends after approving the petition.
Determining Your Family Preference Category
Your family preference category is determined by your relationship with the petitioner, as different relationships are given different priorities for an immigrant visa. If an I-130 petition was filed on your behalf, the petitioner must be either a U.S. citizen or a permanent resident family member. Determining your family preference category is fairly simple, you can have multiple places to select family members such as your first preference or second preference.
- The F1 visa category includes unmarried, adult sons and daughters aged 21 or over of U.S. citizens.
- The F2A category covers spouses and unmarried adult children under the age of 21 of permanent residents.
- The F2B category is for unmarried adult sons and daughters of permanent residents.
- The F3 category includes married sons and daughters (any age) of U.S. citizens.
- The F4 category is for brothers and sisters of adult U.S. citizens.
If your relationship type is not listed above, you may be an immediate relative. Immediate relatives include the spouse, parent, or unmarried children who are under the age of 21 of U.S. citizens. Immediate relative categories differ from family preference categories, so it’s important to understand this distinction.
There is no annual limit on the number of immigrant visas issued to immediate relatives, so there is no wait, and they are not included in the visa bulletin’s list. Immediate relatives can proceed with their applications without delay and get their family based green cards.
How to Read Visa Bulletin
Once you know your priority date and fourth preference category, you can go to the U.S. State Department’s website to access the monthly visa bulletin. Select the “Current Visa Bulletin” and navigate to the “Family-Sponsored Preferences” section.
Find your family preference category and compare your priority date to the listed date. If your priority date is before the listed date, your immigrant visa category is current.
Most individuals should refer to the column labeled “All Chargeability Areas Except Those Listed.” However, if your country of nationality is China, India, Mexico, or the Philippines, use the respective column for those dates.
Which Visa Bulletin Chart Should You Use?
The first chart, “Final Action Dates for Family-Sponsored Preference Cases,” shows the dates when an immigrant visa is actually available. An immigrant visa is available if your priority date is before the date listed in this chart.
The second chart, “Dates for Filing Family-Sponsored Visa Applications,” indicates when the intending immigrant can apply for an immigrant visa. Specifically, you may file an adjustment of status application if your priority date is before the date listed in this chart. If you are applying through the consular process, the National Visa Center uses this chart to start the process and will notify you when to submit an application for an immigrant visa.
When the priority date is current, and the I-130 is approved, beneficiaries can generally proceed with the immigrant visa application. Individuals in the United States through a lawful entry may be able to adjust their status by filing the status of adjustment application package with USCIS.
Those outside the United States will need to apply via consular processing, and the National Visa Center will contact the beneficiary when they are ready.
Final Action Dates
The “final action dates” chart indicates which priority dates have reached the front of the line, meaning these green card applications are ready for approval immediately.
Dates for Filing Family Immigration Visa Applications
The “dates for filing” chart indicates which green card applicants living outside the United States should submit their application with the National Visa Center, even if a green card is not yet available. The cut-off dates in the “dates for filing” chart are slightly later by 1-10 months rather than those in the “final action dates” chart, allowing applicants to file their applications sooner.
While the “dates for filing” chart is primarily for those applying for a green card from outside the United States, USCIS also publishes a “when to file your adjustment of status application” page each month.
This page indicates whether green card applicants living in the United States can submit their applications based on the “dates for filing” chart according to the family-based preference categories or if they need to wait until the dates in the “final action dates” chart are met.
Examples of the Immigrant Visa Bulletin
Imagine someone is a citizen of Brazil, and is the spouse of a U.S. permanent resident. This relationship type puts them in the F2A category. They have an approved I-130 petition with the individual’s priority date that is already “C” for current. Therefore, their immigrant visa is current, and they may apply for a green card.
Why the Visa Bulletin Might Not Be Moving
Sometimes the priority dates on a visa bulletin remain unchanged from the previous month, or worse, they can move backward. This situation is called visa retrogression.
Normally, the cut-off dates on the visa bulletin move forward. However, visa retrogression occurs when more people apply for a visa in a particular category or from a specific country than there are visas available for that month.
Retrogression usually happens toward the end of the fiscal year as visa issuance approaches the annual category or per-country limits. As a result, the priority date that met the cut-off date one month might not meet it the next month. When the new fiscal year begins on October 1, a new supply of visas becomes available, and the dates usually, but not always, return to where they were before the visa retrogression.
Where Can I Check the Visa Bulletin?
Now that you understand how the visa bulletin works, you should monitor it regularly. The U.S. Department of State publishes a monthly bulletin for employment-based and diversity visa categories as well. You can access the Visa Bulletin charts here. Employment-based green cards allow a worker to adjust their status and complete their immigration journey.
How to Apply for a Green Card After Getting Your Priority Date
If your I-130 petition is now current, you can apply for permanent residence, also known as a green card applicant in the United States. There are two primary methods to apply, consular processing or adjustment of status. Your immigrant visa remains available for one year.
According to the Immigration and Nationality Act (INA) section 203(g), the Secretary of State may terminate the registration petition of any foreign national who fails to apply for an immigrant visa within one year of notification of visa availability.
However, the Department of State has the discretion to reinstate the petition if the failure to apply was due to circumstances beyond the applicant’s control, provided this is demonstrated within two years of visa availability notification.
Failing to respond to NVC notices within one year risks petition termination under this law, potentially resulting in loss of petition benefits, including your priority date.
Adjustment of Status Through USCIS
If you are currently inside the United States, you may qualify for adjustment of status. Status of adjustment refers to the process of changing from nonimmigrant status to permanent residence as a green card holder while remaining in the United States.
U.S. immigration law permits certain nonimmigrants who entered the U.S. lawfully to adjust their status if they meet specific requirements.
Adjustment of status is available to a limited group of individuals. Common scenarios include immediate relatives, individuals who entered with a K-1 visa and married a U.S. citizen, asylees, refugees, or those who entered on an employment-based preference category, such as an H-1B, and were sponsored by their employer for a green card. The employment-based preference categories have a visa number and involve employment-based preferences on the filing date.
If you do not qualify for adjustment of status, you must pursue the consular processing path for obtaining a green card.
Consular Processing Through the National Visa Center
If you are currently outside the United States, your only option for immigrating to the U.S. is through consular processing. Consular processing involves applying for an immigrant visa green card through a U.S. embassy or consular office in a foreign country, and it is the most common method to obtain a green card.
The National Visa Center (NVC) will contact both the petitioner and beneficiary shortly before the visa becomes available. They will request the submission of the immigrant fee, application for the immigrant visa, submission of Form I-864 (Affidavit of Support), and attendance at a medical exam.
Once these additional documents are obtained, the NVC can transfer your case to the U.S. embassy or consulate for an interview.
How Can Ybarra Maldonado Law Group Help You Prepare Your I-130 Petition?
Begin the immigration categories process for a family member using Form I-130 (Petition for Alien Relative). Each year, USCIS rejects or denies thousands of I-130 petitions, causing delays and potential financial costs. This means that accuracy is crucial. Ybarra Maldonado Law Group offers an accessible service that simplifies the immigration process.
The experienced and compassionate Phoenix immigration attorneys at Ybarra Maldonado Law Group handle areas such as the green card process, sponsorships, immigration appeals, religious workers, visas, and much more to assist in citizenship and immigration services.
Our team acts in the best interests of our clients so they can rest easy knowing they’re in good hands during this difficult time. Our law firm offers honest advice and strategic plans to achieve favorable outcomes for our clients. Give us a call or text today at 602-910-4040.
Contact Ybarra Maldonado Law Group in Phoenix for Family Immigration Help Today
Understanding how to read the visa bulletin is crucial for anyone navigating the U.S. immigration process. At Ybarra Maldonado Law Group, we are committed to helping our clients in Phoenix, AZ, stay informed and prepared. By closely monitoring the visa bulletin and understanding its nuances, you can better anticipate changes and make informed decisions regarding your immigration journey. If you have any questions or need assistance, our experienced team is here to provide you with the support and guidance you need.
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