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See all posts Frank GogolVisa Bulletin: How to Check Your I-130 Status
If you are waiting for your green card, especially if you want to apply for a family-based green card, you’ve probably heard about the Visa Bulletin.
Perhaps you’ve even taken a look and tried to understand everything about the Visa Bulletin. Without the proper context though, the categories, dates, and complicated terminology will probably make you feel confused and hopeless.
The Visa Bulletin is a critical piece of information that will help you understand where exactly you are in your green card application process. And it doesn’t have to be complicated. To gain some proper insight into how the Visa Bulletin works, read through the below.
What is the Visa Bulletin?
There is a backlog in the number of green cards available when compared to the number of people applying. The reason is that Congress caps the number of green cards that may be issued each year. The number of people applying for a green card consistently exceeds the limit set by Congress. This is what creates a backlog. This is also where the Visa Bulletin comes in.
The Visa Bulletin is a bulletin issued monthly by the Department of State. The bulletin shows which visa applications can move forward based on when the original I-130 petition (the document that starts the green card process) was filed. The bulletin also shows how quickly the petitions are moving. This could give you an estimate of how long you’ll need to wait before you receive your green card.
Green Card Backlogs
We know by now that there is a cap on green cards, but what exactly are the numbers?
Annually, Congress makes 366,000 green cards available. These available green cards are broken down into various categories, each with its respective cap. In addition to the categories being capped, Congress also limits the green cards that are available for each country of origin. A maximum of 7% of green cards may be awarded to a country of origin under each category.
This system is quite complex, so we’ll only take a brief look at the basics.
Green Card Categories
Green cards work in categories, and everything you will see in the Visa Bulletin will relate to these green card categories. The two main green card categories are employment-based green cards and family-based green cards.
Family-Based Categories
The family-based category includes marriage-based green cards. The annual number of green cards available in this category is 266,000.
Employment-Based Categories
The employment-based category is smaller than the family-based category, with only 140 000 green cards being available annually.
How to Read the Visa Bulletin
There are four primary “preference categories” for the family-based green cards. These are:
F1 – First Preference
This category is for adults 21 years or older who are unmarried and are children of U.S. citizens. There is a cap of 23,400 green cards for this category each year.
F2 – Second Preference
Spouses and unmarried minor children (under the age of 21) of a green card holder fall in this category. There are 114,200 green cards available in this category each year. This category is, however, split into F2A and F2B categories.
F2A applies when a green card holder applies for a green card for their spouse. 77% of the F2 category green cards (totaling 87 934 green cards per year) go toward this category.
F2B is reserved for unmarried adult children of green card holders (21 years or older). There are 26,266 green cards available in this category every year.
F3 – Third Preference
This category is reserved for married children of U.S. citizens irrespective of their age. There is a cap of 23,400 green cards for this category each year.
F4 – Fourth Preference
Finally, brothers and sisters of U.S. citizens can get a green card under this category. There are only 65 000 green cards available in this category each year.
F2A Benefits
There are certain benefits connected to the F2A category that you will notice in the Visa Bulletin. The waiting time for this category is much shorter than for the rest. One of the reasons this category moves so fast is its big quota. But that is not all.
Remember the country cap we mentioned above? Well, for this category, 75% of the green cards are exempt from this country cap. The country of origin for a spouse in this category is, therefore, not as important as it is for other categories.
Spouses of U.S. Citizens
Spouses and family members of U.S. citizens definitely get the most significant benefit. Spouses, parents, and unmarried minor children of U.S. citizens don’t fall under a green card cap. Since no limit applies to them, there is no waiting line or backlog that will appear in the Visa Bulletin. So, as soon as the I-130 petition is approved, the spouse of a U.S. citizen can apply for their green card.
This is a lot of information and stats. Let’s quickly summarize the bottom line:
- If you are an immediate relative of a U.S. citizen don’t even spend time on the Visa Bulletin – there isn’t a backlog or waiting time for your green card.
- If you are a spouse or unmarried minor child of a U.S. green card holder you will need to wait (and could wait for anything between 12 to 18 months).
- If you are in any other category, your waiting time will vary, and it can take a few years.
If you want to see the most recent waiting times, you can take a look here. You can also find the most recent Visa Bulletin here.
Visa Bulletin Related Terms
There are a few important terms you’ll find in the Visa Bulletin that you need to make sure you understand and take note of. Let’s take a look.
Priority Date
This is the date on which the USCIS received your I-130 petition. Remember this date determines where you are in your wait for your green card. So this is essentially your spot in the “green card line” and will determine when you can apply for your green card. It is, therefore, essential to know what your priority date is.
You can find your priority date on the Form I-797 mailed to you by the USCIS. This is the form approving your I-130 petition.
Current
If you see the word “current” in the Visa Bulletin, it is good news. Current means there is no backlog or waiting times for a green card. Your priority date will become “current” when it reaches the front of the green card line, and there is a green card available. This means you can now apply for your green card.
An entire preference category can also be marked as current. This would mean there is no backlog in that category, and no waiting times will apply.
Chargeability Area
This refers to your country of birth and is relevant for the country cap that applies in each category. If you get a green card, your green card will be “charged” towards the annual country cap that applies to your country of birth. This will reduce the number of green cards available for that country of origin.
Immediate Relative
As we explained above, an immediate relative is the spouse, parent, or minor child of a U.S. citizen. Minor children are children under the age of 21. Again, there is no cap or limit on the number of green cards available to “immediate relatives”.
Cut-Off Date
Cut-off dates are the dates you see in the tables in the Visa Bulletin. The cut-off date is essentially the front of the green card line. If your priority date was prior to the cut-off date, you will be at the front of the line and can now apply for your green card. If your priority date is only after the cut-off date, you will have to wait a bit longer before you can apply for your green card.
Conclusion
The green card application process can be long, confusing, and frustrating. Especially if you don’t understand the different timelines, caps, and categories that apply to the green card process. The good news is you can take a look at the monthly Visa Bulletin to gain some insight. If you’re really interested to know more, you can even study detailed monthly breakdowns of the Visa Bulletin.
The most important thing to know is the date you filed your I-130 and what category you are applying in. The Visa Bulletin will then help you understand how long you’ll still need to wait and what will possibly still await in the process. And if you don’t understand the Visa Bulletin, don’t worry. Just refer back to our explanations above, and you’ll be on your way in no time.