Immigration Lawyer Ari Sauer – The Immigration Answer Man

Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.

Visa Bulletin Update: November 2012

The US Department of State has issued the November 2012 Visa Bulletin. The DOS Visa Bulletin lists

US Department of State Seal (U.S. Government)

US Department of State Seal (U.S. Government)

visa availability to inform foreign nationals of when they can file an immigrant visa application or application for adjustment of status to obtain a green card as a US permanent resident based upon an immigrant visa petition filed by them or on their behalf. The dates listed are the priority dates for immigrant petitions. A visa is available if your priority date or an earlier date is listed for your category and country of chargeability.

The November 2012 Visa Bulletin becomes effective on November 1, 2012. Until then the October 2012 Visa Bulletin remains in effect.

FAMILY BASED IMMIGRATION CATEGORIES

Immediate Relatives: Spouses, Parents, and Unmarried Children Under 21 of US Citizens: Immediate Relative petitions do not have a limit on visa avilability. They are not listed on the Visa Bulletin because there is no wait for a visa to become available for Immediate Relative petitions.

First Preference (F1) Umarried Sons and Daughters of US Citizens: Visa availability for the Philippines again jumped forward this month from April 1, 1996 to July 1, 1997. This almost brings visa availability back to where it was before retrogression in August. Availability for Mexico moved from June 15, 1993 to June 22, 1993. Availability for everyone else moved from October 8, 2005 to November 1, 2005.

Second Preference (F2A) Spouses and Unmarried Children Under 21 of US Permanent Residents: Visa availability for Mexico moved from May 15, 2010 to June 22, 2010. Availability for all other countries moved forward from June 1, 2010 to July 15, 2010. 

Second Preference (F2B) Unmarried Sons and Daughters Over 21 of US Permanent Residents: Visa availability for the Philippines moved from Jan 22, 2002 to February 15, 2002. Availability for Mexico moved from October 1, 1992 to October 15, 1992. Availability for all other countries moved from September 15, 2004 to October 8, 2004.

Third Preference (F3) Married Sons and Daughters of US Citizens: Visa availability for the Philippines still has not moved since February and still remains at July 22, 1992. Availability for Mexico moved from February 8, 1993 to February 15, 1993. Availability for all other countries moved from May 22, 2002 to June 1, 2002.

Fourth Preference (F4) Siblings of US Citzens: Visa availability for the Philippines moved this month from February 8, 1989 to March 1, 1989. Availability for Mexico moved from June 22, 1996 to July 8, 1996.  Availability for China-mainland moved from February 15, 2001 to March 15, 2001. Availability for all other countries moved from March 15, 2001 to March 22, 2001.

EMPLOYMENT BASED IMMIGRATION CATEGORIES

First Preference (EB-1) Extraordinary Ability, Intracompany Transferee, or Outstanding Professor or Researcher: Visa availability remains current for all countries.

Second Preference (EB-2) Advance Degree Professional, Exceptional Ability, or National Interest Waiver: Visas availability for India has not moved this month and remains at September 1, 2004. Availability for China has moved from July 15, 2007 to September 1, 2007. I think this is a good sign for future movement for China, since the DOS has moved priority dates past the date of the August 2007 retrogression sometimes referred to as “Visagate.” Visa availability for all other countries is current.

Third Preference (EB-3) Professional or Skilled Worker: Visa availability for the Philippines has moved from August 1, 2006 to August 8, 2006. Availability for India has moved from October 15, 2002 to October 22, 2002. Availability for China-mainland moved from February 8, 2006 to April 15, 2006. Availability for all other countries has moved from October 22, 2006 to November 22, 2006.

Third Preference (Other Workers) Unskilled Worker: Visa availability for the Philippines has moved from August 1, 2006 to August 8, 2006. Availability for India has moved from October 15, 2002 to October 22, 2002. Availability for China-mainland moved from June 22, 2003 to July 1, 2003. Availability for all other countries has moved from October 22, 2006 to November 22, 2006.

Fourth Preference (EB-4) Certain Special Immigrants: Visa availability remains current for all countries.

Fourth Preference (Certain Religious Workers): Congress has extended the non-minister special immigrant program so visa availability for this category is once again current for all countries.

Fifth Preference (EB-5) Investors: Visa availability remains current for all countries.

Fifth Preference Pilot Program: Congress has extended the EB-5 Pilot Program so visa availability is once again current for all countries.

DIVERSITY VISA LOTTERY

The DV-2013 visas are available as follows:

Egypt: 6,600

Ethiopia: 9,100

Nigeria: 8,500

All other Africa: 13,900

Asia: 2,350

Europe: 7,000

N.A. Bahamas: 2

Oceania: 400

S.A. and Caribbean: 500

Click here to see the November 2012 Visa Bulletin.

If you would like assistance with processing your immigrant visa or green card application or you would like to discuss this or other issues further, you can schedule a consultation with me by calling 1-800-343-4890 or 901-682-6455 or by clicking here to

schedule a consulation appointment with an immigration lawyer.

See instructions below for submitting your questions.

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By Ari Sauer

Submit questions to The Immigration Answer Man by emailing your question to immigrationanswerman@gmail.com or by posting your question on Facebook, Twitter or LinkedIn. Questions submitted by email will be posted without the personal information unless specifically requested. Where appropriate, and only upon request, a link to your website or blog can be included on The Immigration Answer Man blog. Due to the volume of questions received, not all questions submitted will be answered. Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation.

* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

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12 comments on “Visa Bulletin Update: November 2012

  1. Melanie
    January 26, 2013

    Hi good day. My family is petitioned under F4 category last march 89. Visa Center wrote my parents a letter last 2009 asking them to submit the papers needed for processing and then we found out that my brother and I were no longer included under the list of petitioned members of the family.

    Last December 2012 my parents again received new letter from embassy stating that they are to be scheduled for interview then just this January 19 they had their Visa already.

    Now my question is… my parents asked the consul during their interview on chances of us who aged out the possibility to still go with them. the consul offered a 50/50 chance. my brother and I will undergo the same procedure as they did before they were interviewed like the medical.. paying 200dollars++ each for fees and all.. then in the end we will be presented to the consul and the consul will decide whether we can go with my parents or not.

    My brother was born 1986 and I was born May 1988. do we still have that chance of going with my parents? Thanks for sparing your time on my situation.

    • You need to consult with an immigration lawyer who is knowledgeable about the Child Status Protection Act in order to find out if you might be protected under this law. I am very knowledgeable about this law, but I would need to have a consultation appointment with you and get a lot more information about your situation in order to make such a determination. If you would like me to review this for you, you can schedule a consultation appointment with me by calling 901-682-645. A standard consultation fee would apply.

  2. Pingback: Visa Bulletin Update: January 2013 « Immigration Lawyer Ari Sauer – The Immigration Answer Man

  3. Pingback: Visa Bulletin Update: December 2012 « The Immigration Answer Man – Ari Sauer

  4. Rosario Lozano
    October 29, 2012

    HELLO, I AM WAITING FOR A VISA. My Priority Date -Nov 1996 -F4 Mexico.

    I want to know if in the meantime I can apply for the new program available for ‘dreamers’ deferred action- – since I qualify for it — , so that i can be documented while I am still waiting for the availability of the visa.

    I don’t want to complicate the status of my visa. For no longer coul I apply for adjustment of status since IF I get approved, I would be documented.
    Thank you so very much for all you do on my behalf.

    • Someone who is eligible to apply for Deferred Action for Childhood Arrivals (DACA) is able to do so even if they are waiting for a visa for their immigrant petition. Obtaining DACA won’t affect the pending petition.

      DACA does not change the person’s immigration status, so it will not have an affect on whether the person will be able to apply for an immigrant visa in the US once a visa becomes available. Someone who is out of status, will still need to benefit from 245(i), http://immigrationanswerman.com/2012/10/24/can-someone-still-apply-for-a-green-card-under-245i/, or one of the other exceptions to the requirement to maintain status in order to apply for adjustment of status in the US.

      If you would like to consult with me about applying for DACA, you can schedule a consultation with me by calling 1-800-343-4890 or 901-682-6455. Standard consultation fees apply.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

  5. Rosario Lozano
    October 29, 2012

    HI, I NEED CLARIFICATION ON VISA BULLETIN.
    for: F4 from Mexico. PRIORITY DATE NOVEMBER 12, 1996. – ADJUSTMENT OF STATUS.
    COULD YOU SHOW ME HOW TO READ THE BULLETIN – AND ABOUT WHEN WILL A VISA BECOME AVAILABLE?

    Thank you so very much.

    • To read the Visa Bulletin, one would start by finding the appropriate chart on the visa bulletin: either for family-based petitions, employment-based petitions or the DV Lottery. Then find the country of chargeability, which would either be the country the primary beneficiary was born in or, in some cases, the country in which the person’s spouse was born. Then go down the column to the appropriate preference category for the petition. There will be a date listed in the box. The date listed is the latest priority date that the DOS has determined has a visa available for it. This means that the person must wait until the Visa Bulletin lists the priority date from their petition or a later date before filing the green card application.

      It is not possible to accurately predict the Visa Bulletin. I am planning on posting an article explaining why in the next few weeks.So I cannot tell you when a visa will become available for a particular petition.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed.

      • Marco
        December 27, 2012

        Hi,I would like to apply for schengen tsiruot muli-entr visa from one of the embassies in london (for me and my wife)We are not particular about destination but would start our journey preferrably from france/netherlandsUnfortunately most of internet results suggest these embassies have outsourced the visa process and vfs ( the agency for this) takes a fee of about 50 pounds above the regular visa fee.Can anyone guide me if there is a way to avoid this agency and approach the consulate direct?Or is it something we HAVE to dish out 50

        • Marco, I am sorry, but I only address issues of US immigration law on this website. I can’t address your question about the Schengen Visa for the EU and I wouldn’t be able to let someone else reply to your question here either because I have no way of knowing whether their answer is correct or not.

  6. Debbie Huddleston
    October 12, 2012

    Hi my name is Debbie and i wanna no my friend has been in the united states over 15 years how do he become a us citen

    • There is not just one answer to this questions. If your friend is out of status, it is possible that they cannot become a US citizen. Then again there are several ways that someone can go from being out of status to becoming a US permanent resident, which may eventually allow them to become US citizens. Your friend needs to speak with an immigration lawyer.

      If your friend would like to schedule an appointment to speak with me, they can schedule an appointment by calling 901-682-6455. Standard consultation fees apply.

      *This is an advertisement. Ari Sauer is an attorney with the Memphis office of the Siskind Susser Law Firm. The information provided on this page is for educational purposes only and should not be relied upon without first consulting with an experienced immigration law attorney. The information given may not apply to your individual situation. Immigration laws, regulation and procedure change frequently. This information should not be relied upon as legal advice and is not intended to create an attorney-client relationship. Please note that this site is open to the public and any information posted by readers can be viewed by government officials. Ari Sauer is licensed to practice law through the states of TN, NY and NJ but is able to represent clients in all 50 states. Neither NY, NJ nor TN offer certification as an Immigration Specialist. You can call 901-682-6455 to schedule a consultation appointment with Ari Sauer or one of the other attorneys of the Siskind Susser law firm.

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Ari Sauer

Ari Sauer is an immigration law attorney with the Memphis office of the Siskind Susser law firm. Ari answers questions on US immigration law submitted by readers. Email Ari Sauer to submit a question. immigrationanswerman@gmail.com

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