Waiting for an I-130 Petition for Alien Relative to be approved and a visa to become available for your loved one can be one of the most challenging and emotional journeys in the immigration process. It can be a rollercoaster. You can be filled with home, anticipation, but also, long periods of uncertainty. But you’ve already done the hard part: filing your petition. You may be wondering now, “how much will I wait?” Every case is unique. However, the answer to this question often lies in a document published by the U.S. Department of State: the Visa Bulletin.
This document is published monthly, and understanding it is key when it comes to managing your expectations and making sense of the wait. Let’s explore more about the Visa Bulletin and how it directly affects your family’s timeline-
What exactly is the Visa Bulletin?
As mentioned above, the Visa Bulletin is a monthly publication. It provides up-to-date information on the availability of immigrant visas for several categories of relatives and employment-based applicants. The thing is, U.S. immigration law sets annual limits on the number of visas that can be issued. This is especially true for family preference categories and for certain countries.
Because the demand for visas often exceeds the supply, especially for countries like China, India, and Mexico, a waiting line forms. The purpose of the Visa Bulletin is to manage this waiting line. It lists “cutoff dates” that determine whose application can move forward.
These dates listed in the bulletin are significantly important, because they directly correspond to the priority date on your I-130 petition. The priority date is the day USCIS received your petition. In this sense, when your priority date becomes “current,” that’s your green light! It means that it is earlier than the cutoff date listed for your specific family preference category and country of chargeability. Essentially, it means that a visa is available, and your relative can proceed with the final step of their application. This can be either through consular processing abroad of adjustment of status within the United States.
Immigration law is complex. Don’t go through your journey alone, and let your case be handled properly. Contact us to review your case.
Which family categories are affected by the wait?
It’s important to mention that not all family-based petitions are subject to the numerical limits and the Visa Bulletin wait. For instance, immediate relatives of U.S. citizens are exempt. This includes spouses, children under 21, and parents of U.S. citizens. For these relationships, the visa is considered immediately available once the I-130 is approved. Then, they are allowed to move forward without waiting for a priority date to become current.
All other family-based relationships do fall into one of the numerically limited family preference categories, and have to consult the Visa Bulletin. These include:
-
First preference (F1): Unmarried sons and daughters (age 21 and older) of U.S. citizens.
-
Second preference (F2A): Spouses and minor children (under 21) of Lawful Permanent Residents (LPRs).
-
Second preference (F2B): Unmarried sons and daughters (age 21 and older) of LPRs.
-
Third preference (F3): Married sons and daughters of U.S. citizens.
-
Fourth preference (F4): Brothers and sisters of U.S. citizens.
You might be interested in: What is «Adjustment of Status» vs. «Consular Processing»?
Understanding the Visa Bulletin’s charts: “Final Action Dates” and “Dates for Filing”
When you look at the Visa Bulletin, you’ll notice two primary charts for Family-Sponsored Preference cases: “Final Action Dates” and “Dates for Filing” (often referred to as Chart A and Chart B). The USCIS determines each month which chart applicants should use.
The Final Action Dates (Chart A) indicate when a visa is actually ready to be issued. This is the date you watch most closely. If your priority date is current under this chart, the National Visa Center (NVC) will typically schedule your relative’s visa interview or you may file for Adjustment of Status. The Dates for Filing (Chart B) are usually more advanced than Chart A.
When USCIS permits the use of Chart B (which is announced on their website each month), it allows beneficiaries who are physically present in the U.S. to file their Adjustment of Status application with USCIS earlier. For those going through Consular Processing, using Chart B means the NVC can begin pre-processing your case, submitting required documents and fees, even if the final visa isn’t available yet. This doesn’t shorten your wait for the visa, but it can significantly speed up the final stages of the process once your date becomes current on Chart A.
Your story matters to us. Call us to review your case.
Keep your hope alive and stay informed
Waiting is undeniably hard, but try to remain patient and focus on what you can control. First, ensure your contact information with both USCIS and the National Visa Center (NVC) is always up to date. Second, stay informed by checking the Visa Bulletin on the State Department’s website every month. Look for movement in your specific preference category and country. Even a small jump can be a source of encouragement!
Remember, every case on that long list represents a family like yours, patiently waiting to be reunited. While the delays can feel frustrating, keep in mind that the system is moving, albeit slowly. You are one day closer than you were yesterday. Keep your documents in order, keep your spirits up, and trust in the process.
If you found our article useful, please share it with someone who might need it. And don’t forget to follow us on Facebook, Instagram, and TikTok, as well as check out all our services at jamesimmigrationlaw.com.