Carl Shusterman's Immigration Update
Family 2A Goes Current in August
The August 2013 Visa Bulletin contains great news for both spouses and children of permanent residents. As of August 1, the Family 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:
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-485 in August.
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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