Priority Dates for Spouses and Children of Permanent Residents Current in August

The United States Department of State has issued the August Visa Bulletin. The Family Based 2A (spouses and unmarried children under the age of 21 of Lawful Permanent Residents) will be current as of August 1, 2013, and many experts are expecting this category to remain current for 2-3 months. After that time frame, there will most likely be a retrogression, with an expectation of returning to the current priority date backlog of about two years.

The most imperative aspect of this will be filings for children under the age of 21; this will give a large number of individuals the ability to “lock-in” and maintain their F-2A status, rather than age out and change to a different category and potentially languish. This is one of the requirements of the Child Status Protection Act (CSPA).  It is imperative for children who are under the age of 21, and who have a lawful permanent resident parent, to seek the advice of counsel regarding filing so as to not lose their opportunities under the CSPA.

Additionally, there could be major consequences if the parent naturalizes after the child turns 21, if they did not take advantage of the CSPA now.

Before filing for adjustment of status it is important that you consult with an immigration attorney to make sure that you qualify to adjust your status.  The fact that your visa is current and you can now immigrate does not necessarily mean that you have the ability to do it within the United States and it is possible that you might have to travel abroad to obtain the immigrant visa.  Our attorneys can guide you as to which options are available to you.

If you believe you may be affected by this recent announcement, please contact one of the attorneys at the Joseph & Hall P.C. to discuss your options.