Anyone who has ever attempted to move from their home country to another knows how stressful it can be when you are awaiting a decision on whether or not you can remain in the new country. Most of those in this situation are constantly looking for updates about their status. Meanwhile, bureaucracy marches to the beat of an incredibly slow drum.
If attempting to get your green card in the United States, the Visa Bulletin is your source of information about the current standing of your application. However, like every part of the immigration process, it can be confusing. It’s critical to learn how to read the Visa Bulletin so that you can fully understand the progress of your situation.
The Visa Bulletin Explained
The Visa Bulletin is a product of the Department of State. It is issued every month and shows the status of all current green card applications. You can read the bulletin to discover if your application is ready to move forward based on when you filed your Form I-130 petition.
You can also use the bulletin to estimate your wait time by looking at how quickly the line moves from one month to the next.
Who is applying for a green card plays a vital role in determining how long the process will take.
For instance, things are expedited for spouses, parents, or unmarried children (under age 21) of U.S. citizens. There is no reason for this group to read the Visa Bulletin because they are exempt from the backlog.
Meanwhile, the spouse or unmarried child (under age 21) of a U.S. green card holder will have to wait 12 to 18 months for their green card to become available. Those not fitting into either of these top two categories can find that their time on the list will vary from years to decades.
Reasons for the Green Card Backlog
There is a cap on the number of green cards issued by the United States each year. The number of applicants far exceeds the number of available spots, which has created growing backlogs within the system, leading to very long wait times in many cases.
Those applying for a green card get separated into multiple groups, each with its own limit on how many green cards can be issued each year. The two main categories into which people are sorted are family-based green cards and employment-based green cards.
Additionally, no single country can account for more than seven percent of the green cards issued for that category. For many countries with small populations and low numbers of people immigrating out of the country, this cap never comes into play.
However, for larger countries in Latin America and countries with huge populations, like China and India, the country cap can play a significant role and create massive backlogs.
Preference Levels for Family-Based Green Cards
Some green cards fall outside of the yearly caps. There is no limit on the number of family green cards issued for spouses, parents, or unmarried children (under age 21) of U.S. citizens. Beyond that, family members are given preference based on their relationship to someone living in the U.S. and whether that person is a citizen or green card holder.
Each preference level comes with its cap.
F1: First Preference
On the Visa Bulletin, F1 indicates that the applicant is an unmarried adult child (age 21+) of a U.S. citizen. These applicants receive top consideration for a green card.
F2: Second Preference
The F2 category comprises spouses and unmarried children of green card holders and gets further divided into two sub-categories. F2A is for spouses and unmarried children (under age 21), while F2B contains unmarried adult children (age 21+).
F3: Third Preference
F3 is the category for married children of U.S. citizens, with no special consideration for age.
F4: Fourth Preference
The F4 category contains siblings of U.S. citizens.
Deciphering the Visa Bulletin
There are many terms in the Visa Bulletin that you need to learn to properly understand the information.
Priority Date
The priority date refers to the date that your I-130 petition was received by the United States Citizenship and Immigration Services (USCIS). Your priority date can be found on the I-797 form mailed to you by USCIS, approving your I-130 petition. This date essentially marks your place on the waiting list.
Current
Your green card will become available when your priority date becomes current. Categories without backlogs may also be marked as current to denote that there is no wait time for people applying under these categories.
Chargeability Area
This refers to the country of birth of the green card applicant.
Immediate Relative
An immediate relative refers to a spouse, parent, or child (under age 21) of a U.S. citizen.
Cut-Off Date
The cut-off date separates those eligible to apply for a green card from those who must continue to wait. Applicants with a priority date before the cut-off date can submit their green card application, while those after will have to wait at least one more month.
How to refer to the Visa Bulletin Chart?
There are several visa bulletins charts available to refer, but one must know how to access the most relevant one:
- Check for the current visa bulletin: There is a new visa bulletin every month.
- Find the chart related to your category type: There are different charts for categories, such as green card-based and employment-based.
- Verify with the date of filing chart or final action date charts: The USCIS publishes monthly whether they will publish the “Final Action” chart or “Dates of Filing” chart to accept Form I-485.
For some country-specific inquiries, you may check out their own dedicated columns. There are country-specific columns for China, India, Mexico, and the Philippines. Each of these four countries has separate backlogs and green card lines, varying by green card category.
Dividing the Visa Bulletin
Those who are ahead of the cut-off date find themselves in:
Section A: Final Action Dates: Indicates that the priority green card applications have reached the point of getting approved, and the applicant might file their adjustment status application.
Section B: Dates for Filing
This section provides information about immigrant visa availability. For instance, if the annual quota increases, this change will be reflected here. It primarily serves those applying for a green card from outside the United States through National Visa Centers.
For applicants within the United States, monthly updates are provided to clarify the application process through either Dates for Filing or Final Action Dates.
Those ahead of this cut-off date who are applying from outside of the United States can begin to submit their applications to the National Visa Center (NVC). While they will still have to wait to receive their green card, they can submit their paperwork and ensure that everything is ready for approval when they become eligible to receive a green card.
Those living inside the United States while waiting for their green card must consult the monthly page published by the USCIS entitled, “When to File Your Adjustment of Status Application.” This page will let them know if they can submit their application sooner or if they must wait until they are in Section A.
For those living inside the country, filing sooner can provide additional benefits. These benefits include allowing them to immediately obtain a work permit to get a job or obtain a travel permit to take a trip out of the country and return without any trouble.
Explaining Visa Retrogression
Occasionally, you might find yourself moving backward in line. This process is known as retrogression. There are times when the applications for a green card category in a certain month exceed what was expected, and as a result, the following month, the cut-off date will move backward rather than forward.
Because of this possibility, it is always crucial to have all your paperwork in line and submit your green card application as soon as you are able. Otherwise, you could find yourself back to waiting to be eligible to submit your application rather than starting your new life with a green card in hand.
What happens if your application is Retrogressed?
If the visa bulletin does not reflect your Priority Date as being ‘Current’, then you cannot file for a Green Card. For example, if your priority date is current in March 2024, you can file with the USCIS in March.
Even after that, if you file your visa to the USCIS and it shows retrogression, the USCIS will hold your case in abeyance.
If the employment authorization document, EAD, and travel authorizations have already been obtained, one should renew them. In the same way, an individual can apply for a green card at a Consulate with the Current Priority Date. However, if the priority date is retrogression, the individual can no longer apply for or receive a green card.
Always Be Prepared for a Long Wait
Understanding the Visa Bulletin and being prepared to take action as soon as permitted are the best ways to ensure you get your green card as quickly as possible. However, unless you are an immediate relative of a United States citizen, be prepared for a long wait.
Frequently asked questions
Is it easier for Spouses of US Citizens to get through the visa process faster?
Yes, as there is no cap on the number of green cards for immediate relatives of US citizens, there are no backlogs, no queues or any reason to check the visa bulletin relentlessly. The spouses of U.S. citizens can apply directly for a green card after getting their Form I-130 approved.
What if my priority date is before the cut-off date?
If the priority date is before the cut-off date, you have nothing to worry about, your petition is eligible for visa and consular processing.
Are there any benefits of filing the Adjustment of Status application prior to using the Dates for Filing chart?
Yes, the applicant and the family members may apply for temporary work authorization cards and advance parole travel documents as procedural compliance with the adjustment of the status application process. In addition, the green card application will begin to vest with you for portability purposes.
Portability essentially means a check flag to continue with your current green card process if your position, location of employment, and employer change meet the following conditions:
- The approved I-140 petition
- The pending adjustment of status application for 180 days or more
- The new position is in the same or similar occupation.
Does the reflection of “Current” in the Visa Bulletin mean that there must be little or no inventory of pending applications with USCIS and DOS for that category/country?
No, not really. The status does not reflect anything relating to the inventory of pending applications. If there are remaining visa numbers in a particular category to satisfy all reported documents qualified demand, the category is considered ‘Current.’
What does the phrase “visa available” mean when referring to pending applications for adjustment of status?
“Visa available” in reference to a pending adjustment of status application means that the applicant has a priority date prior to the date shown in the Final Action Dates chart of the Visa Bulletin for their country of chargeability and immigrant visa category. However, it is noteworthy that just because a visa is available for issuance to an applicant, it does not mean the applicant has been allocated a visa.
Does retrogression affect consular processing?
Yes, it does affect the process by stretching it further. This is because an interview will be scheduled when the priority date becomes current.
