Immigration Lawyer Ari Sauer – The Immigration Answer Man
Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
Visa Bulletin Update: February 2013
The US Department of State has issued the February 2013 Visa Bulletin. The DOS Visa Bulletin lists is availability to let foreign nationals know when they can file an immigrant
DOS Seal (Public Domain, Credit: USDOS)
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 February 2013 Visa Bulletin becomes effective on February 1, 2013. Until then the January 2013 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 availability. 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 December 22, 1997 to March 8, 1998. Availability for Mexico moved from July 8, 1993 to July 15, 1993. Availability for everyone else moved from December 22, 2005 to January 15, 2006.
Second Preference (F2A) Spouses and Unmarried Children Under 21 of US Permanent Residents: Visa availability for Mexico moved from September 1, 2010 to October 8, 2010. Availability for all other countries moved forward from September 22, 2010 to October 22, 2010.
Second Preference (F2B) Unmarried Sons and Daughters Over 21 of US Permanent Residents: Visa availability for the Philippines moved forward from April 15, 2002 to May 15, 2002. Availability for Mexico moved from November 22, 1992 to December 15, 1992. Availability for all other countries moved from December 8, 2004 to January 15, 2005.
Third Preference (F3) Married Sons and Daughters of US Citizens: Visa availability for the Philippines has moved from August 8, 1992 to August 22, 1992. Availability for Mexico has not moved this month and remains at March 8, 1993. Availability for all other countries moved from June 22, 2002 to July 8, 2002.
Fourth Preference (F4) Siblings of US Citzens: Visa availability for the Philippines moved this month from April 15, 1989 to June 1, 1989. Availability for Mexico moved from July 22, 1996 to August 1, 1996. Availability for all other countries moved from April 8, 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 has not moved froward and remains at September 1, 2004. Availability for China has moved from December 8, 2007 to January 15, 2008. Visa availability for all other countries is current.
Third Preference (EB-3) Professional or Skilled Worker: Visa availability for the Philippines has moved forward from August 15, 2006 to August 22, 2006. Availability for India has moved from November 8, 2002 to November 15, 2002. Availability for China-mainland moved from September 22, 2006 to November 15, 2006. Availability for all other countries has moved from February 1, 2007 to March 15, 2007.
Third Preference (Other Workers) Unskilled Worker: Visa availability for the Philippines has moved from August 15, 2006 to August 22, 2006. Availability for India has moved from November 8, 2002 to November 15, 2002. Availability for China-mainland once again did not move this month and remains at July 1, 2003. Availability for all other countries has moved from February 1, 2007 to March 15, 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:
Egypt: 13,000
Ethiopia: 20,400
Nigeria: 11,000
All other Africa: 22,000
Asia: 4,300
Europe: 13,400
N.A. Bahamas: 3
Oceania: 725
S.A. and Caribbean: 775
Click here to see the February 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 immigrationanswerman@gmail.com 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.
Related articles
- How do I read the Department of State Visa Bulletin? (immigrationanswerman.com)
- What is my country of chargeability for the Visa Bulletin? (immigrationanswerman.com)
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27 comments on “Visa Bulletin Update: February 2013”
I welcome your comments or questions!
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
Immigration Lawyer Ari Sauer - The Immigration Answer Man 
My son’s application was filed under F2b when I was still a permanent resident. At that time the waiting time for F1 beneficiaries was shorter than that of F2b beneficiaries. My son’s status was upgraded to F1 when I became citizen in 2012. Now it seems that the trend has been reversed. F1 is almost stagnant while F2b is moving faster and has a shorter waiting time by a year. Is it possible to opt-out of F1 and convert back to F2b? If so, what’s the best way to do it? I’d greatly appreciate your comment.
Regards,
KN
KN
Yes. Your son can opt-out of the F-1 category and remain in the F2B category. Given that the F-1 category might eventually get ahead of the F2B category again, he may want to consider holding off on doing this until one or the other category is closer to being current for him. The current process for making this request is to send a request in writing to the USCIS District Office that has jurisdiction over the petition.
Here is a link to a post I wrote about this: https://immigrationanswerman.com/2014/11/14/my-father-became-a-us-citizen-can-i-keep-my-i-130-category-from-changing-from-f2b-to-f1/
* 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.
To whom It may concern
I just won lottery for year 2014,but I am studnet under f1 visa,I want to do adjust of statud but I am not sure whether It s good option or not and what is the procedure?
I appriciate for any help and suggestion
You can adjust status from F-1 based on the DV lottery. But I always recommend using an immigration attorney for the DV lottery (after you have been selected in the lottery) since delays can result in missing the window within which you are required to receive the visa.
my case number is 2013AF00044491 and I didn’t receive any notice about my appointment
When your DV Lottery number is reached you must still apply for Adjustment of Status with USCIS or and Immigrant Visa with the DOS. You do not automatically get your interview when your number is reached. You must apply for it following the instructions they sent you. You must have your visa issued by the end of September or you will lose the chance to get it.
Call 901-507-4270 if you would like to talk to me about filing your application for you.
I am a dv lottery 2013 winner. my case number is 2013AF00032476. And I am from Ethiopia. But I did not receive any information about an interview day.Why?
When your DV Lottery number is reached you must still apply for Adjustment of Status with USCIS or and Immigrant Visa with the DOS. You do not automatically get your interview when your number is reached. You must apply for it following the instructions they sent you. You must have your visa issued by the end of September or you will lose the chance to get it.
Call 901-507-4270 if you would like to talk to me about filing your application for you.
what i should do ?
If you are not sure how to file your application based upon being chosen for the DV Lottery, I suggest you hire an attorney to do it for you. Failure to file everything correctly could result in delays in the processing of your case. If a DV Lottery case is not approved before the end of September, the chance to get the green card is lost.
Call 901-507-4270 if you would like to me to handle your application for you.
im under f2a… my priority date is oct 2012 …. wats the estimate date for me to be there? and also can i apply tourist visa while waiting?
It will likely take several years, but it is not possible to predict how long it will take. Here is a link to my article explaining why: https://immigrationanswerman.com/2013/01/16/when-will-a-visa-become-available-for-my-petition/
It is possible to apply for a visitor visa during that time, but you would still have to document that your ties to your home country are stronger than your ties to the US. This can be difficult when you have a US permanent resident spouse or are a minor with a US permanent resident parent.
* 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.
Hi Ari, first of all thanks for taking the time to read and reply our questions, I am currently on a list of completed cases awaiting the availability of visa numbers. My Preference Category is: F1 and my priority Date: 01Feb2007. I am aware that F1 category should moves faster than the other categories, but according to your experience, would you happen to have a slightest idea according to my priority date, when I will become eligible for a visa number? I have been reviewing the previously months of 2012, and it looks like it takes a whole month to update from one month to another, so I should have to wait at least one more year to become eligible, that’s what I could assume my perspective. According to yours, Do you think that it might take longer? Or less than a year? What is your prediction about it?
Thanks once Again
Ricardo
Ricardo, you would be safe to assume that it will take longer than a year for the visa bulletin to move a year in pretty much any family-based category. But it is actually impossible to predict how long it will take for a visa to become available for a particular priority date. Here is a link to my article about this, which explains why: https://immigrationanswerman.com/2013/01/16/when-will-a-visa-become-available-for-my-petition/
Hi sir i came us asa c1d visa i stay over stay in us almost 6 years i know i make big mistake in my life came hear c1d visa bcz c1d visa u canot adjust any visa.if obama pass immigration ,any chance can i get legail statc
It is hard to say what a future Comprehensive Immigration Reform bill will look like if and when it is finally passed. Such a bill might benefit those who enter on a C visa as well. It is hard to predict.
my case number is 2012 AF0051052.last year 2012,all numbers became current as soon as it hit 50,000 for Africa.looking at the archives of visa bulletin in previous years it has always gone above 55,000. what chances are there that my number will be called up before the current current stuff sets in?
That is hard to predict.
Hi, my sister has launch a petition under f4 category on Nov 2003.Do you think my priority date may become current within 2016.Thank you.
It is hard to say. Here is a link to my article explaining why. https://immigrationanswerman.com/2013/01/16/when-will-a-visa-become-available-for-my-petition/
why is their such a piled up backlog? And will it be resolved? As people should not be waiting fifteen years or 6 to 7 years for a green card. My I-130 was approved in 2010 but my priority date is dec 2009. Currently they are on the year of 2006. Is there any chance of homeland security or uscis moving faster to at least catch up.
The backlog is not caused by how fast USCIS processes the cases. It is caused by the fact that Congress limits the number of visas and more people apply for the visa than there are available visas each year.
My mother’s sister put a f4 file for us on 22july 2002. I want to know that when will our process start?
Please take a look at this article which answers this question. https://immigrationanswerman.com/2013/01/08/how-do-i-read-the-department-of-state-visa-bulletin-why-is-there-a-backlog-in-my-preference-category/
* 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.
Sorry, my petition is from OCTOBER 2007, NOT 2005.
Kind regards,
JR
Hi Ari: one question: My parents -US residents- filed in October, 2005 a resident petition for me under the F2B category. However, my parents are right now in the process of becoming US Citizens. I am from Central America, so “all chargeability” applies. Would you recommend that people from F2B move to F1? Just about how much more waiting time should I be facing?
Regards,
JR
Generally the F-1 preference category moves faster than the F-2B preference category, so it is beneficial to move from F-2B to F-1. Although this is not always true. Sometimes there is a higher demand in a country from sons and daughters of US citizens than from sons and daughters of permanent residents, which causes the F-1 category to become further backlogged than the F-2B category. That is the case with the Philippines. But where the F-2B category is ahead of the F-1 category, such as with the Philippines, beneficiaries have the option of remaining in the F2B category rather than moving to the F1 category when their parent naturalizes.
As to your question of when a visa will become available for your petition, please read my blog post about that issue. https://immigrationanswerman.com/2013/01/08/how-do-i-read-the-department-of-state-visa-bulletin-why-is-there-a-backlog-in-my-preference-category/