1. SPOUSES AND CHILDREN OF LAWFUL PERMANENT RESIDENTS MAY FILE FOR PERMANENT RESIDENCE IN AUGUST AND EB-2 INDIA ADVANCEMENT
July 15, 2013
SPOUSES AND CHILDREN OF LAWFUL PERMANENT RESIDENTS MAY FILE FOR
PERMANENT RESIDENCE IN AUGUST
On July 9, 2013, the U.S. Department of State released the August Visa Bulletin,
publishing the “cut‐off dates” for immigrant visa availability during the month of August 2013.
For the second time in recent years, the F‐2A category has become current for the spouses and
minor children of Lawful Permanent Residents (LPRs). This category traditionally has a backlog,
or waiting period, of at least a year for visa availability but for the immediate future these visas
are immediately available.
Beneficiaries in the F‐2A category who are physically present in the United States and
who have been maintaining lawful nonimmigrant status may apply for adjustment of status on
August 1, 2013 and throughout the month. They may also concurrently apply for temporary
employment authorization and advance parole travel authorization while the adjustment of
status application is being processed. Beneficiaries who remain outside of the United States
may continue processing of their immigrant visa applications with the National Visa Center
(NVC) and ultimately with the appropriate U.S. consulate abroad.
The last time the F‐2A category became current, it only remained so for a short window
of time so FosterQuan recommends that beneficiaries immediately seek to apply for benefits
while the category remains current. If the window closes (retrogresses) while a beneficiaries’
adjustment of status application remains pending, the adjustment of status application may
remain open and the beneficiary may be eligible to renew their employment authorization and
advance parole travel authorization until their priority date becomes current, the adjustment of
status approved, and permanent residence granted.
EB‐2 INDIA ADVANCEMENT
The Visa Bulletin also contained significant advancement of the priority date for the
Indian employment‐based second preference (EB‐2) category by more than three (3) years from
September 1, 2004 to January 1, 2008. There will be no significant movement for other
employment based classifications.
Applicants with current priority dates, or priority dates that will become current in the
near future should contact their FosterQuan immigration attorney for additional information
regarding application for an immigrant visa at a U.S. Embassy/Consulate abroad, or application
for Adjustment of Status with USCIS in the United States.
As always FosterQuan will continue to monitor immigration regulations and procedures
and will provide additional information in future Immigration Updates©, and on our firm’s
website at www.fosterquan.com.
Prepared by FosterQuan, LLP p a g e 1 of 1
© FosterQuan, LLP 2013