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Carl Shusterman's Immigration Update

Great News for Spouses/Children of Green Card Holders

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The August 2013 Visa Bulletin contains great news for both spouses and children of permanent residents. As of August 1, the family-based 2A category will be current for all countries.

If you have a green card, and your spouse (and/or children) are lawfully present in the U.S., they should get ready to file their I-485 packets in August. Even if the category retrogresses later on, they will be able to remain in the U.S. together with you. In 90 days, they will receive their work and travel permits. Your spouse will be able to get a drivers license. Your kids will be able to enroll in school.

If the I-130 petition is pending, they can file their I-485s. If you have not filed anything for them, get ready to file I-130s and I-485s in August.

If you were waiting to naturalize before you sponsored them for green cards, or before you got married, wait no longer. Sponsor them in August, or marry your boyfriend or girlfriend in July, and get the paperwork ready to file in August.

And given the Supreme Court's recent decision striking down section 3 of DOMA, remember that the above advice applies to same-sex couples as well.

If your spouse is abroad or entered the U.S. unlawfully, things are a bit more complex. The time to see your immigration lawyer is now!


Below are the dates for the family-based categories in the August 2013 Visa Bulletin:


FAMILY CATEGORIES


Categories Worldwide China (PRC) Mexico Philippines
1st 9-1-06 9-1-06 9-1-93 1-1-01
2A Current Current Current Current
2B 12-1-05 12-1-05 2-1-94 12-22-02
3rd 12-8-02 12-8-02 5-1-93 12-1-92
4th 6-22-01 6-22-01 9-22-96 1-8-90



The big news in employment-based numbers is that India EB-2 advances from 2004 to 2008. If this affects you, be sure to file your I-485s in August.


EMPLOYMENT CATEGORIES


Categories Worldwide China (PRC) India Mexico Philippines
1st Current Current Current Current Current
2nd Current 8-8-08 1-1-08 Current Current
3rd 1-1-09 1-1-09 1-22-03 1-1-09 10-22-06
Unskilled 1-1-09 3-22-04 1-22-03 1-1-09 10-22-06
4th Current Current Current Current Current
Religious Current Current Current Current Current
5th Current Current Current Current Current

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Comments

  1. makydukic's Avatar
    I am a permanent resident since 2010. I have received a green card over the green card diversity lottery. My wife came on a tourist visa in Nov 2012. I married her in the states in Dec 2012. She was eligible to stay with me for six months here, and after that she extended her staying for six more months. So she is in a legal status until the end of Oct 2013. I just read some news that I could apply for her starting in Aug for a family based visa to adjust her status. I never applied for her before.I just wanted to make sure that this is really available now and if we are good to start with a process and that she would be able to stay with me. Please give me some suggestions and responds.I am very excited to hear. Thanks in advance
  2. gtry22's Avatar
    Does the rule apply in December too for a tourist getting legal after marrying a greencard holder.
  3. ericlavoine's Avatar
    I was wondering the same thing? I got my green card 2yrs ago. Now I'm wondering if I can sponsor my fiance who is overseas.
  4. mongolian's Avatar
    Oh great, now you can come in fraudulently on a student visa, work illegally for three years until you find some citizen to marry and then "all is forgiven" in terms of the student visa fraud and the illegal work.

    Now, with the legislation you mention, you can bring in anyone else you want after your fraud.

    This may be great for law abiding immigrants but it is terrible for the citizen who is defrauded by an immigrant just to get a green card.

    My ex came in on student visa yet never went to school and worked illegally for three years (student visa fraud). Got green card by not mentioning her first arrest for theft (material misrepresentation). Failed to mention it again when conditions were removed (again material misrepresentation). Has acquired four additional theft convictions (crimes of moral turpitude). Denied citizenship 2 years ago but continues to reside in US and break our laws. Goes in and out of the country like she?s a citizen. Unfortunately I found this all out after the fact. It?s ICE that needs reform not the immigration laws. And yes, all these allegations (and the supporting documentation) have been submitted to ICE, USCIS, Homeland Security, Obama, and numerous senators and congressmen.

    So now, not only does the 5 time criminal alien get to stay in the country but also gets to bring others in under her "model".
  5. Minip's Avatar
    Hi

    How come you can only filre the I-485 in August? its Nov 1st and I would like to file it now....can I still do this? he is legally here with with our baby.

    Please can someone advise.

    Many thanks

    Mini
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