Based on the new visa availability bulletin which becomes effective on August 1, 2013, we will be able to file both the I-130 petition and adjustment of status for the spouses and children (unmarried and under 21) of permanent residents. This is the first time in decades this category has been current so we need to take advantage of it if it applies to your situation.
This filing window is different than the situation for US citizens who file for a spouse or children. First, the spouse and children, with certain exceptions, must be in status in the US since their first entry. This means we must have proof of maintenance of proper status. If the spouse and/or child is outside the US and the petition has already been approved and is waiting at the NVC, there is a chance the case might be processed in August but that is up to NVC and the US consulate. Much will depend on whether Second Preference remains current in September and October.
For those cases filed in the US with adjustment of status (the I-485), work and travel authorization will be granted and will continue to be available even if the Second Preference category retrogresses after August.
As always, Tidwell, Swaim & Associates is ready to help you navigate through this process. Let’s take advantage of this today, call us at 972-385-7900.