Posts Tagged ‘Preference Category’

BIA held F2A visa beneficiaries may not "opt out" of automatic conversion to F1

October 6th, 2011 Tushar Mathur

The Board of Immigration Appeal (BIA) has just held that a visa beneficiary is not allowed to retain his F2A preference status by opting out of automatic conversion to the F1 category as a son of a United States citizen upon his parent’s naturalization. Matter of ZAMORA-MOLINA, ID 3729, 25 I&N Dec. 606 (BIA 2011)

The mother of the beneficiary son filed a visa petition on his behalf when he was under the age of 21.  However, while the case was waiting for a visa number, the son turned 21 and, subsequently, the mother became a naturalized citizen.

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April 2011 Visa Bulletin: Retregression for USC’s Sons and Daughters

March 11th, 2011 Tushar Mathur

For April’s Visa Bulletin, “continued heavy applicant demand for numbers in the Family First (F1) preference category has required the retrogression of the Worldwide, China-mainland born, and India cut-off date for the month of April,” according to the State Department.  Yes, indeed.

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March 2011 Visa Bulletin: Further Retrogression for F2A

February 13th, 2011 Tushar Mathur
The State Department publishes the Visa Bulletin every month to advise the public the availability of immigrant visa numbers in each preference category.  The first table is for family-based immigration and the second for employment-based.  If the priority date printed on the receipt of your petition is before the cut-off date in your category, then you’re eligible for an immigrant visa.  “C” means there are visas for all applicants, and “U” means visas are unavailable.
            On the family side, the F2A preference category (spouses and minor children of lawful permanent residents) retrogresses further for China, India, Philippines and the other countries to Jan.

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Visa Backlog Expected to Go Down For Spouses & Children!

February 9th, 2011 Tushar Mathur

I have heard from a reliable source in Seattle earlier this week that the State Department backlog for the Family 2A preference category–spouses and children of permanent residents–will likely be going down very soon. This is a big deal. Currently, as of the February 2011 Visa Bulletin, there is a three (3) year wait for green card holders who are applying for their spouses and children (under 21).

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Seattle Immigration Lawyer | Employment Preferences Continued

November 18th, 2010 Tushar Mathur

Picking up where I left off last in discussing the Third Preference category, the subcategory of “Professionals” includes not only attorneys, doctors, engineers, teachers and architects, but also, generally anyone who has a degree and who is working in a field related to their education and/or experience background.

To qualify for the subcategory of “Skilled workers,” an immigrant must have at least two years of training or experience (no university degree required). As of November 2010, the priority date for “Professionals” and “Skilled workers” was January 22, 2005, meaning that if you have a priority date before 1/8/05, you are eligible for a visa number.

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Seattle Immigration Lawyer | Employment-Based Visa Preferences

October 26th, 2010 Tushar Mathur

Returning to my series on obtaining a green card based on a job offer, when deciding whether to apply for an immigrant visa you must determine which employment-based preference category you fall into.

The first three employment-based immigrant visa preferences are as follows:

First Preference (EB-1): Persons of extraordinary ability in the sciences, arts, education, business or athletics; outstanding professors or researchers; and multinational executives and managers. (No Labor Cert. required.)

First Preference is known as the category for “priority” workers. Needless to say, the vast majority of immigrants do not meet the criteria.

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Seattle Immigration Lawyer | The Marriage Route to Getting a Green Card Continued – Living Abroad and Married to U.S. LPR

September 29th, 2010 Tushar Mathur

As any decent immigration lawyer will tell you, it’s easier to get your green card if you are married to a U.S. citizen rather than a U.S. lawful permanent resident. But, in writing my immigration lawyer posts on obtaining a green card, I want to cover as many options as possible. So, in the case of an immigrant living outside of the U.S. who is married to a U.S. lawful permanent resident (LPR) spouse, as usual, the U.S. spouse starts the process by mailing the visa petition (I-130) to USCIS.

Now, here comes the bad part. A visa petition from a U.S.

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Family Based Immigration to the United States

January 12th, 2010 Tushar Mathur

A family based immigration in to the United States is some thing that could be done easily. This is done if you could fulfill the under mentioned terms and conditions. In this kind of immigration the guardian angle happens to be the relative who is either already staying in the United States, or is a lawful permanent resident already in the US.

The above mentioned could be done in 2 ways (this is the IR category).

  1. Some one who is an immediate relative of an US citizen, which is a spouse, widow or an unmarried child who essentially needs to be under the age of 21.

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