The Visa Bulletin shows you which green card
applications can move forward based on when
you filed your I-130 or I-140 petition.
So how do you read the Visa Bulletin?
Which charts do you use?
And what happens when your priority date becomes
current?
All that, and more in today's video.
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Let's back up and talk about what the Visa
Bulletin is and who it's for.
Step one of filing a green card for a family
member is filing form I-130 and the employment
equivalent to that is form I-140.
Everyone can do this part right away.
If you are the spouse, parent, or unmarried
child under the age of 21 of a US citizen,
you can move on to the next step right away.
And if you're in the US, looking to adjust
your status, you can file form I-130 and I-485
at the same time.
There is no annual limit on how many green
cards can be issued to these family members
of US citizens.
Therefore, there is no backlog for them, and
they do not need to look at the Visa Bulletin.
For everyone else, there is a limit on how
many green cards are available every year.
There are 226,000 green cards available for
family categories, and these are broken down
further by family relationship.
Then, there are 140,000 green cards available
for those applying for green cards through
employment.
Every year, there are more people seeking
green cards than the number of green cards
available.
This is what creates a backlog and the reason
the Visa Bulletin exists.
The date you're I-130, or I-140 is filed is
called your priority date.
And this date represents your place in line
for a green card.
You can find this date on the I-797 notice
which you receive soon after filing your green
card application.
To make things even more complicated, congress
limits the percentage of green cards available
to any one country of origin.
One country of origin cannot have more than
7% of green cards available to it in any category.
For countries like India or China that have
a lot of people applying for green cards,
this has created a massive backlog.
Whereas if you were from a country like the
Netherlands that has fewer green card applicants,
the line moves much faster.
This means that someone from India or China,
it could take them 10 years to get a green
card, whereas someone from a country like
the Netherlands could get their green card
in the same category in three years.
So, that's the background on the Visa Bulletin.
Every month, the State Department releases
the Visa Bulletin, so you can see how the
dates are progressing in all family and employment
categories, then that lets you see where you
are in the line for a green card.
Now people constantly ask lawyers to predict
when their priority dates are going to become
current.
That is a very difficult question to answer.
Lawyers can look at their clients' past experiences
and give you a very rough range, but really
nobody can predict the future.
The USCIS is constantly changing, with new
policies and workloads and processing times
and the past is not always a great indicator
of the future.
Now, let me show you how to read the charts
in the Visa Bulletin and what to expect when
your priority date becomes current.
In the family charts, you'll see on the left
hand side category titles, such as F1, F2A
and right above these charts, you'll see a
description of the family relationships that
each one of these letters represents.
For example, F2A is for green card holders
sponsoring their spouses.
Then the top row has country names and one
column titled All Chargeability Areas Except
Those Listed.
This is your country of origin, but it is
your country of birth that is used and not
your citizenship.
For most people, that is one and the same,
but for some people that could be different
and could make a huge difference in their
wait times.
So if you're not born in India, China, Mexico,
or the Philippines, you would look at that
first column titled All Chargeability Areas.
Now, if you see a C next to your category
and country, this means that there is currently
no backlog and there is an immigrant visa
available.
So if you're just at the beginning of your
process and about to sponsor a family member
that is currently living in the US legally,
then you can file form I-130 and I-485 at
the same time.
If you're outside the US, this means that
your case is ready for consular processing
and the National Visa Center will get in touch
with you about next steps.
If you don't see a C and see a date instead,
let's take this one as an example, July 8,
2015.
This means that your priority date must be
July 8, 2015, or earlier in order for you
to move on to the next step.
So if your date is let's say August 10, 2016,
then you cannot move on to the next step and
you have to keep watching the Visa Bulletin
to see when they get to that date for your
category.
This is how all the charts work, employment
categories, as well as the family categories.
Let's talk about the difference between the
dates for filing chart and the final action
date chart.
The easiest way to remember this is if you
are living in the US and waiting to file form
I-485, you will look at the final action date
chart unless the Visa Bulletin tells you otherwise.
If you live abroad and are waiting for consular
processing, then you will look at the dates
for filing chart.
Every month, if there are more immigrant visas
available than the number of applicants, the
USCIS will let you use the dates for filing
chart for adjustment of status applications.
In the Visa Bulletin, there will be a link
that takes you to a page that looks like this.
As you can see in this month, the bulletin
directed all family categories except F2A
to use the dates for filing chart for adjustments
of status applications.
Now onto a question that I get asked a lot.
What happens when my priority date becomes
current?
By current, we mean either you see a C next
to your category or the priority date that
you've been waiting on has arrived in the
chart.
Once your priority date becomes current, you
have one year to take the next step.
If you don't, the USCIS will assume that you
no longer want a green card and move on to
the next person in line.
If you are in the US waiting to file an adjustment
of status application, you simply go ahead
and file form I-485 to get your green card.
If you're outside the US, the National Visa
Center, or the NVC uses this chart to initiate
next steps.
After your I-130 is approved, your case gets
sent to the NVC where it takes them about
two to four weeks to get you in the system
and assign you a case number.
Then the case sits there until you get to
your priority date, or your category becomes
current.
Then the NVC will send you a welcome letter
that notifies you that you can now apply for
an immigrant visa at the local US consulate
or embassy.
This will also allow you to schedule a visa
interview at the consulate.
This letter will have your case number and
invoice number.
You will need these numbers to go online and
fill out the visa application and proceed
with next steps.
If you do not hear from the NVC, and you're
getting worried that you haven't yet gotten
your welcome letter, you can inquire about
your case directly online through a link that
they provide.
I'll share the link in the description below.
Okay, that's everything you need to know.
If you found this video helpful, hit the like
button below, subscribe to our channel and
share this with anyone trying to understand
the Visa Bulletin.
I'll see you in the next video.
