The Monthly Visa Bulletin Overview

While the term Visa Bulletin is common, many visa beneficiaries have challenges understanding its meaning and importance. At HBM Law, we explain family-based immigration terms to give you a better understanding for a smooth immigration process. So, what is meant by the Visa Bulletin, and why is it significant in your pursuit of an immigrant visa?

The Visa Bulletin is a monthly publication by the United States Department of State that provides information about visa availability and cut-off dates for immigrant visas. The State Department issues visas on a first-come, first-served basis, using a “priority date” system. Once a family-based petition is filed, that date becomes the “priority date” for the beneficiary. Every month, the State Department releases a Visa Bulletin indicating which priority dates it is accepting.

For the most current information, the December 2024 Visa Bulletin relays information on visa availability and priority dates. The bulletin tells you whether you can proceed with the visa application or filing of adjustment of status for the current month or wait for the next month’s bulletin.

In this blog post, we break down key information about the Visa Bulletin for the family-based category. Learn how Principal Attorney, Himani Bhardwaj, helps clients read and understand the Visa Bulletin, track priority dates, and determine when to file family-sponsored visa applications. Our team helps streamline the entire process to help families reunite.

Understanding the Family Preference Categories

The family preference category allows immigrant visa applications based on family relationships. United States citizens and legal permanent residents can petition green card applications on behalf of close relatives under the family preference category. The category has four classifications based on your relationship with the sponsoring citizen or legal permanent resident.

Family-Based Preference Classifications in the Visa Bulletin

Visa numbers are limited each year, meaning the Department of State has a quote on how many immigrant visas (i.e. green cards) are issued for each category depending on the nationality of the beneficiary’s country (also known as country of chareability). The family-based categories are:

• The First preference (F1) covers unmarried sons and daughters of U.S. Citizens.
• The Second preference (F2) covers spouses and children of permanent residents. However, F(2) has two sub-categories.
  • a. F2A covers spouses and children of permanent residents
  • b. F2B covers unmarried sons and daughters who are 21 years or older
• The Third preference (F3) covers married sons and daughters of U.S. Citizens.
• The Fourth preference (F4) covers brothers and sisters of adult U.S. Citizens

*Note: There is no category for parents of lawful permanent residents or married sons and daughters of lawful permanent residents.

How to Use the Visa Bulletin Effectively

Most immigrants or their sponsors find Visa Bulletin complex and hard to comprehend. The Visa Bulletin essentially serves as an eligibility tracker issued by the U.S. Department of State, providing information on which beneficiaries in various immigration categories are eligible to proceed with their visa applications. Understanding key terms in the bulletin helps collect the relevant information. Here are some key terms to look for when reading the Visa Bulletin.

• Priority Date. The priority date is noted on form I-797, and the receipt notice was mailed to you upon filing the family-based I-130 petition..
• Cut-off Date. Visa Bulletin often publishes cut-off dates, which inform you on whether you can proceed to the next stage in the immigrant visa process. If your priority date is earlier than the cut-off date listed in the particular month’s bulletin, it means a visa is now available for you, and the National Visa Center will contact you on the next steps.
• Current. When the term current (C) appears in a specific family-based category, it means there is no backlog or waiting time. Beneficiaries in the category can proceed with the next phase almost immediately.
• Final Action Dates. Follow the “final action dates” chart unless indicated for the particular month’s Visa Bulletin to follow the “dates of filing” chart.

The Visa Bulletin has a separate priority date chart with “dates for filing.” Sometimes, the “dates for filing” chart allows foreign nationals to file their applications at an earlier date than the “final action” date. In this scenario, they would file the application when they become current under the “dates for filing” chart in order to receive benefits in adjustment of status (i.e. filing for permanent residency stateside) cases such as a work authorization card or a travel authorization card; however, they would be ineligible for approval until they are also current under the “final action” chart.

Challenges and Common Misunderstandings

The waiting time is the most common challenge in immigrant visa applications. A beneficiary may have to wait years or even decades before his or her priority date makes it to the final action date chart. The long waiting times arise due to the limited number of available visas in each category and backlogs. You wait longer if your category has a backlog.

Certain immigration categories experience significant backlogs, particularly for beneficiaries from countries such as Mexico, India, the Philippines, and China. This is due to annual limits imposed by the United States on the number of individuals who can immigrate from any one country. For instance, consider a specific line for F4 beneficiaries from Mexico, where thousands of individuals may be ahead of you.

How an Immigration Attorney Can Support Family-Sponsored Visa Applications

Each month, families review the Visa Bulletin to determine if their priority date has moved closer to becoming current. While the process can feel lengthy, the Visa Bulletin plays a crucial role in maintaining organization and transparency throughout the waiting period.

For family-sponsored preference cases, an immigration attorney helps clients navigate the complexities of the Visa Bulletin to ensure timely and accurate filing of family-sponsored visa applications. They explain the significance of priority dates, interpret the “Final Action Dates” and “Dates for Filing,” monitor the Visa Bulletin for clients, and notify them when the priority date for their cases becomes current. Attorneys can also provide clients a heads up a couple of months in advance to anticipate the priority date will become current, thereby allowing clients to begin preparing forthe next steps in the process.

Attorneys assist in preparing adjustment of status applications or coordinating consular processing for family members abroad, ensuring all forms and supporting documentation meet the requirements and the beneficiary is prepared for the interview. They address common issues that happen during long wait times, such as:

• Retrogressed priority dates
• Changes in family circumstances:
  • Marriage
  • Birth of children
  • Age-out protections under the Child Status Protection Act

By offering clear guidance and advocacy, Attorneys streamline the application process and ensure compliance with immigration laws, helping families reunite as quickly as possible.

Why Choose HBM Immigration Law Firm in Iowa

HBM Law has years of experience and expertise in immigration laws. We understand the different family-based categories and will help you choose the immigration channel that works best for you.

Attorney Himani frequently provides consultations each month to help clients understand the Visa Bulletin and answer questions. During these sessions, she takes the time to educate beneficiaries on how to read the bulletin and reviews the current month’s updates to determine if the wait is justified or if the beneficiary can proceed with their case. Additionally, she offers guidance on navigating life changes that may occur during the wait for a priority date to become current. Whether it’s getting married, having children, addressing concerns about a child nearing the age-out threshold, or dealing with retrogressed priority dates, Attorney Himani ensures her clients are well-informed and prepared for every step of the process. Contact us today for guidance on the Visa Bulletin or any other immigration assistance. We are here to help and demystify the complex immigration process for you and your loved ones.