Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
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.
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:
All other Africa: 33,500
N.A. Bahamas: 3
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.
Follow Ari Sauer on Twitter.
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. 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.