Immigration Lawyer Ari Sauer – The Immigration Answer Man

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

Visa Bulletin Update: April 2013

Visa Bulletin Update: April 2013

By Ari Sauer, immigration lawyer with the Memphis, Tennessee office of the Siskind Susser Law Firm.

The US Department of State has issued the April 2013 Visa Bulletin. The DOS Visa Bulletin lists visa availability to let foreign nationals know when they can file an immigrant visa application or application for adjustment of status to obtain a green card as a US permanent resident. The dates listed are the priority dates for immigrant petitions (I-130, I-140, I-360) or Diversity (DV) Lottery winner case numbers. A visa is available if your priority date or an earlier date is listed for your category and country of chargeability or if your DV Lottery case number or a larger number is listed.

Dept. of State Seal (Public Domain)

Dept. of State Seal (Public Domain)

How to read the Visa Bulletin:

1) To read the visa bulletin, first find the appropriate chart for your case: Family Based immigrant petitions; Employment Based immigrant petitions; or the Diversity Visa Lottery.

2) 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.

3) 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).

4) 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 April 2013 Visa Bulletin becomes effective on April 1, 2013. Until then the March 2013 Visa Bulletin remains in effect. If you file a visa application or application for adjustment of status too early, your application will be rejected or denied.

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 4 months from October 15, 1998 to February 15, 1999. Availability for Mexico moved from July 2, 1993 to August 1, 1993. Availability for everyone else moved from February 15, 2006 to March 8, 2006.

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

Second Preference (F2B) Unmarried Sons and Daughters Over 21 of US Permanent Residents: Visa availability for the Philippines moved forward from June 8, 2002 to July 15, 2002. Availability for Mexico moved from January 15, 1993 to February 22, 1993. Availability for all other countries moved from March 1, 2005 to April 8, 2005.

Third Preference (F3) Married Sons and Daughters of US Citizens: Visa availability for the Philippines has moved from September 15, 1992 to October 1, 1992. Availability for Mexico has moved forward from March 15, 1993 to March 22, 1993. Availability for all other countries moved from July 15, 2002 to July 22, 2002.

Fourth Preference (F4) Siblings of US Citzens: Visa availability for the Philippines moved this month from July 15, 1989 to August 15, 1989. Availability for Mexico moved from August 15, 1996 to September 1, 1996.  Availability for all other countries moved from April 22, 2001 to May 1, 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. India and China have used their visa numbers for the EB1 category, but since open visa numbers can fall across to satisfy the needs of India and China, the DOS is expecting EB1 numbers for India and China to continue to remain available.

Second Preference (EB-2) Advance Degree Professional, Exceptional Ability, or National Interest Waiver: Visas availability for India still remains at September 1, 2004. the reason for this is the high number of people from India who have been upgrading from the EB3 category to the EB2 category. It is possible for the EB2 India numbers for this year to eventually be used up, but that will depend on how many EB1 visas are used. Availability for China has moved from February 15, 2008 to April 1, 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  September 1, 2006 to September 8, 2006. Availability for India has moved from November 22, 2002 to December 8, 2002. Availability for China-mainland moved from January 22, 2007 to April 22, 2007. Availability for all other countries has moved from May 1, 2007 to July 1, 2007.

Third Preference (Other Workers) Unskilled Worker: Visa availability for the Philippines has moved forward from  September 1, 2006 to September 8, 2006. Availability for India has moved from November 22, 2002 to December 8, 2002. Availability for China-mainland moved from July 1, 2003 to August 1, 2003. Availability for all other countries has moved from May 1, 2007 to July 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.

DIVERSITY VISA LOTTERY

The DV-2013 visas are available as follows:

Egypt: 19,175

Ethiopia: 29,700

Nigeria: 15,500

All other Africa: 33,500

Asia: 6,525

Uzbekistan: 13,400

Europe: 22,850

N.A. Bahamas: 3

Oceania: 1,000

S.A. and Caribbean: 1,075

Click here to see the April 2013 Visa Bulletin.

Call 901-507-4270 to schedule an appointment with me to discuss your visa application.

See immigration attorney Ari Sauer’s full bio.

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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. Sending in a question by email or any other means does not create an attorney-client relationship.

* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. www.visalaw.com/ari. 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.

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21 comments on “Visa Bulletin Update: April 2013

  1. Jasinta Gomes
    May 21, 2013

    Sir,
    My name is Jasinta Veronica Gomes master from Dhaka,Bangladesh,My brother had fielded a petition for me in F4 category in the year 1st October 2004,When will I be able to obtain the immigration Visa

  2. Tanveer
    May 13, 2013

    If F4 category is eliminated in new CIR2013 bill then what is the fate of the
    approved cases of the petitioner.If not eliminated then what would be the pace of waiting time .

  3. Ana Hirsch Pels
    May 6, 2013

    Is there a way to know how many F1 (unmarried sons and daughters priority greencards) have been issued so far for All Charge-ability Areas Except Those Listed? My priority date is May 22, 2006 and I am from Argentina.
    Thanks so much, Ana.

    • Ana:

      There haven’t been any predictions recently from the DOS that visa numbers for the F1 category were going to run out. So I would say that it is likely that a visa will become available for your petition within the next several months if not as early as next month. If you have not already completed the visa application, you should be in process.

      You can call 901-507-4270 to schedule a consultation appointment with me to discuss this further or if you would like me to take care of your visa application for you.

      Ari Sauer

      * 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.

  4. Brian
    April 24, 2013

    Hello,
    I was born on October 9th 1992 so I’m currently 20 years old. I am under the f2a category and my priority date is April 21 2011. Since I am about to turn 21 I am wondering if my priority date comes before October do they respect my age at the time my priority date come current? Let’s suppose that it becomes current on September, but I don’t have the appointment with immigration until October, after I turn 21. Will that be a problem? Thank you for.your help!

    • Brian,

      Under the Child Status Protection Act (CSPA) if a visa becomes available before your 21st, birthday then you should continue to be eligible for the visa under the F2A category as long as you file the visa application within one year of a visa becoming available. Also, depending on how long USCIS took to approve the I-130, you may also be able to apply under the F2A category even if a visa doesn’t become available until after your 21st birthday. For example, if USCIS took 2 months to approve the I-130 (filing date to approval date) then you could be eligible to stay in the F2A category even if a visa became available within 2 months after your birthday. This rule can be a little complicated so if a visa comes available after your 21st birthday you should consult with an immigration attorney who knows the CSPA well (not all attorneys do) to see if you are eligible to apply under the F2A category or not.

      You can call me at 901-507-4270 to schedule a consultation appointment if you would like to discuss your eligibility under the CSPA or if you would like assistance with your visa application.

      * 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. Dinesh
    April 23, 2013

    Sir, my f3 petition date is 26 November 2002 India , can you pls advise how much approx time should i wait to get my pd current?

    • Dinesh,

      See my post here which answers your question: http://immigrationanswerman.com/2013/01/16/when-will-a-visa-become-available-for-my-petition/

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. 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.

  6. banafshe soleimani
    April 19, 2013

    Hi Mr Ari, did you read my message? I’m waiting for your help.

    • Yes. I read your message. You should not post your case number on a public forum like this. But the answer to your question is that now that a priority date has been reached for your petition, the NVC should send you notice with instructions on how to file your affidavit of support and visa application along with supporting documentation. They will not schedule you for an appointment until after everything is filed.

      If you have not received directions from the NVC and would like my assistance getting your case back on track or If you would like my assistance to file your visa application, you can call 901-507-4270 to schedule a consultation appointment.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. 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.

  7. Vanessa Alvarado
    April 15, 2013

    He leido ultimamente que los senadores estan trabajando en un proyecto, para que de ahora en adelante las green cards, solo se las den a los familiares directos o inmediatos. Mi pregunta es que pasaría entonces con los hijos de ciudadanos mayores de 21, casados, que no somos familiares inmediatos y que tenemos ya una solicitud aprobada y solo estamos esperando que nos den la fecha de la cita?? como quedarian nuestros casos?? ya que segun leí con la nueva reforma de inmigración cambiaría la base familiar, por la base laboral. Como quedamos entonces los que no somos familiares directos o inmediatos??? Gracias por su respuesta abogado, Buen dia!!

    • Vanessa:

      The fact that they are proposing to expand who is eligible to be an immediate relative is a good thing for those who are waiting for a visa under one of the other categories. The immediate relative petitions are not counted in the same cap as the other visas. So the more people who are eligible to be classified to be immediate relatives then the more visas there will be under the cap for the other categories and the shorter the wait for them to be able to apply for a visa.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. 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.

  8. Vanessa Alvarado
    April 15, 2013

    Hola he He leido ultimadamente que los senadores tambien estan proponiendo un proyecto para que de ahora en adelante la green card solo se la den a los familiares inmediatos o directos, que pasaría entonces con los que estamos esperando para que nuestra fecha de prioridad llegue y somos hijos de ciudadano mayor de 21, estamos esperando con una solicitud ya aprobada, solo esperando a que nos llegue la fecha de la cita??? ademas este proyecto dice que el sistema migratorio de base familiar puede cambiar a base laboral, con la nueva reforma migratoria, entonces que pasaría con los que estamos esperando, segun base familiar y que no somos familiares directos o inmediatos??

    • It looks like under the proposed Senate immigration bill those people who have I-130 and I-140 petitions that are already filed or approved would get green cards before those who would be applying under the new system.

      * This is an advertisement. Ari Sauer is a Memphis immigration lawyer with the Siskind Susser law firm. http://www.visalaw.com/ari. 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.

  9. Ben Limb
    April 3, 2013

    I am an f1 student and wants to obtain green card thru E-5 investment. What are the procedures to obtain my goal?

    What forms do I have to file with USCIS?

    • Ben,

      First you need to decide what investment you want to make. You need to decide if you want to invest in an EB-5 Regional Center or if you want to run your own company. If you plan to go with a Regional Center then you should investigate the various Regional Centers to determine which one you feel would be the best investment for you. Then you should consult with an attorney.

      If you would like to schedule a consultation appointment to discuss the EB-5, you can call 901-507-4270.

      Ari

  10. Anonymous
    April 2, 2013

    Do you think the new Immigration Reform will apply to those who are waiting for their priority date to become current

    • It is hard to say exactly who the immigration reform bill will affect since the final proposed bill has not been introduced yet. But I think that it will app to those who are waiting for their priority date to become current. It also hopefully will have some changes that will speed up the wait, but we will have to wait to see what it has and then hope that Congress votes to pass the bill.

  11. kaisar_ali_shah kaisar_ali_shah
    March 12, 2013

    hi. i wana know that why the F1 catageory are moving very slow .and how long it take to reach april 2008

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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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