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Immigration Law

Youman, Madeo & Fasano, LLP

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Good News for Immediate Family Members of Green Card Holders !!

On Behalf of | Jul 11, 2013 | Uncategorized

As expected, the Family 2A preference category is now CURRENT as per the August, 2013 Visa Bulletin. This represents a “jump” of close to 2 years! The July Visa Bulletin showed that visas were available for spouses and children of lawful permanent residents who had filed their Alien Relative Petitions in October, 2011 (September 2011 for Mexico). With this category now becoming current, there is no longer a waiting period for visa availability.

So, for those of you with immediate family overseas, you should expect to be receiving correspondence from the National Visa Center soon and we encourage you to follow all instructions regarding visa fee payment and submission of required documentation as quickly as you can. For those of you with family who are in the United States who are eligible for adjustment of status, now is the time to file the applications for permanent residency (Forms I-485).

Please note, however, that not everyone in the United States will be eligible to adjust status. Particularly, there are two grounds of inadmissibility which are automatically excused when the petitioner is a United States Citizen but which are not automatically excused if the petitioner is still a green card holder. Those are working without authorization and accruing unlawful presence. In that situation, a person would need the old 245-i waiver to adjust status at this time.

We at YMF welcome this excellent news and look forward to reuniting even more families in the future!

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