1. What are the criteria used to calculate visa numbers for the family-based preference categories in the Visa Bulletin?
The criteria used to calculate visa numbers in the Family-Based Preference categories are based on the applicant’s family relationship to the petitioner and the country from which the applicant is immigrating. Specifically, the Visa Bulletin takes into account: (1) the family relationship between the petitioner and applicant (such as spouse, child, parent, or sibling); (2) the country from which the applicant is immigrating; and (3) the order in which applications have been filed under each preference category.
For example, within each preference category, applicants from countries with a high demand for immigrant visas will generally have a higher priority than those from countries with a lower demand. In addition, individuals who have already been waiting for an immigrant visa for a longer period of time will generally have a higher priority than those who filed more recently.
2. How far in advance can I use the Visa Bulletin to predict my family-based visa application’s eligibility?
The Visa Bulletin is published on a monthly basis and provides a forecast of visa availability for the upcoming month. As such, it can be used to predict the eligibility for a family-based visa application up to one month in advance.
3. How often is the Visa Bulletin updated?
The Visa Bulletin is normally updated once a month, usually at the beginning of the month.
4. What factors can limit my family-based visa application’s eligibility under the Visa Bulletin?
The following factors can limit a family-based visa application’s eligibility under the Visa Bulletin:
1. Preference categories: Each visa category has a yearly numerical limit, and if the demand exceeds the limit, applicants may have to wait for a visa number to become available.
2. National quotas: If demand for a particular type of visa is very high in certain countries, a quota may be put in place that limits the number of visas available to those countries in any given year.
3. Priority dates: Applicants’ priority dates must be current under the Visa Bulletin in order for them to be eligible for a family-based visa. Priority dates are determined by the filing date of the petition, not the date of interview or decision.
4. Final Action Dates: If an applicant’s priority date is current, but the Visa Bulletin lists a Final Action Date that is later than their priority date, they will not be eligible for a family-based visa until that Final Action Date is reached.
5. Are there any additional documents I may need to apply or be approved for a family-based visa?
Additional documents that may be required for a family-based visa application include proof of the family relationship (such as a birth certificate, marriage certificate, adoption papers, etc.); financial documents (such as pay stubs, tax returns, bank statements, etc.); proof of legal immigration status; proof of medical examinations; police certificates; and other documents depending on the specific situation.
6. What is the “Current” cutoff date and what does this mean for family-based visa applications?
The current cutoff date for family-based visa applications is May 1, 2021. This means that any family-based visa application postmarked on or before May 1, 2021 will be considered for processing. Applications postmarked after May 1, 2021 will not be considered.
7. Are there any restrictions on how many family members can be included in a single family-based visa application?
Yes. The U.S. Department of State sets limits on the number of family members who can be included in a single family-based visa application. For example, the limit for immediate relatives (spouses, parents, and unmarried children under the age of 21) is limited to two people. Other family-based visa categories have different limits and requirements, such as the number of available visas or minimum age requirements.
8. How do I establish eligibility for inclusion in the family-based preference categories?
In order to be eligible for family-based preference categories, you must be the immediate relative of a United States citizen, such as a spouse, parent, or child. You may also be related to a lawful permanent resident in certain circumstances. You must also have proof of your relationship to your sponsor, such as a birth certificate or marriage certificate. Additionally, you must meet other requirements, such as having a valid passport or other travel document and being admissible to the United States.
9. What is the difference between the “Final Action” and “Dates for Filing” dates listed in the Visa Bulletin?
The Final Action date is the date when the USCIS can make an immigrant visa available to an individual. The Dates for Filing date is the earliest date when an individual can complete the process and submit their application package. The Dates for Filing date is often earlier than the Final Action date.
10. How does a change in priority date affect my family-based visa application?
A change in priority date can affect a family-based visa application in two ways. First, if the priority date advances, the visa applicant may be eligible for an earlier processing date. Second, if the priority date moves backward, the visa applicant may have to wait longer for their application to be processed.
11. Does my priority date have to remain current in order to qualify for a family-based visa?
Yes, in order to qualify for a family-based visa, your priority date must remain current. Priority dates are based on the filing date of the family-based visa application and are assigned by the U.S. Department of State in the order in which they are received. If the priority date is not current, an applicant will not be able to apply for a visa.
12. Are there limitations on when an applicant can submit a family-based visa petition?
Yes, there are limitations on when an applicant can submit a family-based visa petition. The applicant must be the petitioner, a U.S. citizen or lawful permanent resident (green card holder) and the beneficiary must be an immediate relative (spouse, parent, or unmarried child under 21 years of age). For other family members, there may be a waiting period before a visa number becomes available. Additionally, the petitioning process may take several months or even years to complete.
13. Are there any special requirements for applicants from certain countries or with certain statuses?
Yes, there are special requirements for certain countries and statuses. Depending on the type of visa, applicants from certain countries may need to provide additional documents such as police certificates or vaccination records. Applicants with certain statuses, such as asylum seekers, may also need additional documents or may be restricted from travelling without permission. It is important to check the specific requirements for each country and status before applying.
14. Are there any additional forms or documents that must be submitted with the NVC Processing for family-based visas?
Yes, additional forms and documents may be required depending on the type of family-based visa being applied for. These may include Form I-864, Affidavit of Support; Form I-130, Petition for Alien Relative; Form DS-260, Immigrant Visa and Alien Registration Application; Form I-485, Application to Register Permanent Residence or Adjust Status; and copies of birth and marriage certificates, among other documents.
15. Are there any special considerations that may affect how long it takes to process a family-based visa application?
Yes. Special considerations that may affect how long it takes to process a family-based visa application can include the complexity of the application, the availability of documents required to complete the application, and the backlog of applications in the processing center. The COVID-19 pandemic has also had an impact on processing times for visa applications.
16. What role does case status play in determining when an applicant is eligible to receive his or her visa number?
Case status plays an important role in determining when an applicant is eligible to receive his or her visa number. A visa number can only be issued if the applicant’s case has been approved and is in an “approved” status. If the applicant’s case is in a pending or denied status, they will not be able to receive a visa number until the status is updated to approved.
17. Are there any medical tests required for applicants of certain ages when applying for a family-based visa?
Yes, there are medical tests required for certain ages when applying for a family-based visa. The medical tests are required for all applicants who are 15 years of age or older, and must be conducted by USCIS-approved panel physicians. This test includes a physical examination, immunization assessment, and testing for certain diseases.
18. Is it possible to expedite or extend the processing time of a family-based visa application?
Yes, it is possible to expedite or extend the processing time of a family-based visa application. This can be done by requesting expedited processing through the United States Citizenship and Immigration Services (USCIS). Expedited processing is available in some cases, but there may be additional fees associated with the request. It is also possible to extend the processing time of a family-based visa application by filing an application for an extension of stay. This can be done if the applicant has already been approved for a family-based visa and they need more time to stay in the United States.
19. Are there any restrictions on who may travel with an applicant to the US when applying for a family-based visa?
Yes. Generally, only the applicant, the petitioner, and any minor children of the applicant who will be accompanying the applicant may travel with him or her.
20. How do I check the status of my case after filing my NVC Processing for a family-based visa application?
You can check the status of your case on the National Visa Center (NVC) website. You can also contact the NVC by phone or email to inquire about the status of your case.