Visa Bulletin

[SweetV 3]

Hi Friends,

On my petition letter I have my priority date of October 2009. I noticed the January 2016 visa bulletin has its application filing date at 01 October 2009. What does this mean for my case?

Any assistance will help at this time.

Thanks in advance.

[aaron2020 11,651]

Nothing unless your Priority Date is October 1, 2009.

If your PD is after October 1, 2009, then your PD is not current for you to start filing paperwork.

Edited January 11, 2016 by aaron2020

[Tracy-->NY 40]

If the visa bulletin is dated after your priority date then your date is current eg. VB is 1 October 2009, your PD must 30 September 2009 or before to be current. Also the table you should be looking at is the first one for which the PD is July 2008 for FB-1 applicants.

[aaron2020 11,651]

If the visa bulletin is dated after your priority date then your date is current eg. VB is 1 October 2009, your PD must 30 September 2009 or before to be current. Also the table you should be looking at is the first one for which the PD is July 2008 for FB-1 applicants.

The second table lets people know when the NVC can start processing their cases in anticipation that the PD will be current in the first table.

If the OP is in the US when his PD becomes eligible for processing under the second table, he can apply for AOS, get an EAD/AP, and his green card would be adjudicated when his PD becomes current in the first table.

Don't dismiss the second table, it helps people waiting to know when their cases will be processed in anticipation of a current PD.

[SweetV 3]

Thanks Tracy and aaron2020 both of you have been a great help.

aaron2020 so you are saying that when the PD in the second table reaches my priority date and I'm in the states legally on visitor's visa that I can apply for the AOS?

[aaron2020 11,651]

Thanks Tracy and aaron2020 both of you have been a great help.

aaron2020 so you are saying that when the PD in the second table reaches my priority date and I'm in the states legally on visitor's visa that I can apply for the AOS?

You can apply if you are legally in the US.

If you are currently outside the US, it would be illegal for you to use the visitor visa to enter the US with the intent to file to adjust. That's immigration fraud.

[SweetV 3]

aaron2020 thank you for your input. My job involves a lot of international travelling and even to the US at times so I was asking mainly for knowledge purposes.

You are very knowledgeable and I do appreciate your input on my queries.

Thanks.

[aaron2020 11,651]

Have patience. It's only one more year. Don't risk trying to adjust if you are currently outside the US.

[SweetV 3]

Yes one year waiting is much better than 5 so I am all in until that time comes.

Thanks again.

[Tracy-->NY 40]

Compared to how long you would have waited already approximately a year left of waiting great. So don't do anything that could jeopardize your petition.

[aaron2020 11,651]

Yes one year waiting is much better than 5 so I am all in until that time comes.

Thanks again.

My nephew and niece are in a similar situation as you. You might actually be in the same exact situation as them.

They aged out under the petition for their father. Once he became an LPR, he filed for them. Their father is now a US citizen. Because it takes longer for a FB-1 (single child of USC who is not an IR) to immigrate than an F2B (single child of LPR over age 21), the kids asked to be retained in the F2B category.

Did your parent file for you when he/she was an LPR? What is your Priority Date?