Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
The US Department of State has issued the January 2013 Visa Bulletin. The DOS Visa Bulletin lists 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.
How to read the Visa Bulletin: I have provided an explanation of the Visa Bulletin below, however, if you wish to review the visa bulletin yourself, you can click on the link below. To read the visa bulletin, first find the appropriate chart for your case: Family Based immigrant petitions; Employment Based immigrant petitions; or the Visa Lottery. Next locate the appropriate column or row for your country of chargeablity. If your country is not listed, you would fall within the All Chargeability category. The DV lottery is listed by region instead of country although some countries within a region will be listed separately. Finally, for the Family or Employment charts, locate your appropriate visa preference category from the rows listed on the left (F1 through F4 or EB-1 through EB-5). Compare the priority date listed on the Visa Bulletin to the priority date for your petition. For the DV Lottery, compare the number listed on the Visa Bulletin to the number listed on your Congratulatory Notice.
The January 2013 Visa Bulletin becomes effective on January 1, 2013. Until then the December 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 moved forward from October 8, 1997 to December 22, 1997. Availability for Mexico moved from July 1, 1993 to July 8, 1993. Availability for everyone else moved from December 1, 2005 to December 22, 2005.
Second Preference (F2A) Spouses and Unmarried Children Under 21 of US Permanent Residents: Visa availability for Mexico moved from August 1, 2010 to September 1, 2010. Availability for all other countries moved forward from August 22, 2010 to September 22, 2010.
Second Preference (F2B) Unmarried Sons and Daughters Over 21 of US Permanent Residents: Visa availability for the Philippines jumped more than a year from March 22, 2001 to April 15, 2002. Availability for Mexico moved from November 1, 1992 to November 22, 1992. Availability for all other countries moved from November 15, 2004 to December 8, 2004.
Third Preference (F3) Married Sons and Daughters of US Citizens: Visa availability for the Philippines has again moved forward this month moved, although it only moved forward a week, from August 1, 1992 to August 8, 1992. Availability for Mexico also only moved forward a week, from March 1, 1993 to March 8, 1993. Availability for all other countries moved from June 8, 2002 to June 22, 2002.
Fourth Preference (F4) Siblings of US Citzens: Visa availability for the Philippines moved this month from March 22, 1989 to April 15, 1989. Availability for Mexico did not move forward this month and remains at July 22, 1996. Availability for all other countries moved from April 1, 2001 to April 8, 2001.
EMPLOYMENT BASED IMMIGRATION CATEGORIES
First Preference (EB-1) Extraordinary Ability, Intracompany Transferee, or Outstanding Professor or Researcher: Visa availability in this category remains current for all countries.
Second Preference (EB-2) Advance Degree Professional, Exceptional Ability, or National Interest Waiver: Visas availability for India continues to remain at September 1, 2004. Availability for China has moved from October 22, 2007 to December 8, 2007. Visa availability for all other countries is current.
Third Preference (EB-3) Professional or Skilled Worker: Visa availability for the Philippines has not moved and remains at August 15, 2006. Availability for India has moved only one week from November 1, 2002 to November 8, 2002. Availability for China-mainland moved from July 1, 2006 to September 22, 2006. Availability for all other countries has moved from December 22. 2006 to February 1, 2007.
Third Preference (Other Workers) Unskilled Worker: Visa availability for the Philippines has not moved and remains at August 15, 2006. Availability for India has moved from November 1, 2002 to November 8, 2002. Availability for China-mainland again did not move this month and remains at July 1, 2003. Availability for all other countries has moved from December 22. 2006 to February 1, 2007.
Fourth Preference (EB-4) Certain Special Immigrants: Visa availability remains current for all countries.
Fourth Preference (Certain Religious Workers): Visa availability remians current for all countries.
Fifth Preference (EB-5) Investors: Visa availability remains current for all countries.
Fifth Preference Pilot Program: Visa availability remains current for all countries.
DIVERSITY VISA LOTTERY
The DV-2013 visas are available as follows:
Nigeria: remains at 10,000
All other Africa: 18,100
N.A. Bahamas: remains at 2
S.A. and Caribbean: 750
Click here to see the January 2013 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
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By Ari Sauer
Submit questions to The Immigration Answer Man by emailing your question to firstname.lastname@example.org or by posting your question on Facebook, Twitter or LinkedIn. Questions submitted by email will be posted without personal information unless specifically requested. 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. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.