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Visas available for spouses and children of permanent residents

Posted By Atty. Kelly O'Reilly On July 20, 2013 @ 11:02 AM In Immigration | No Comments

MARIA is currently visiting her husband, Joselito, in the United States.  She came to the United States on a valid visitor’s visa with her 10 year-old son.  Joselito and Maria have been engaged in a long distance relationship for the past year.  Joselito is a permanent resident of the United States and has petitioned for Maria and her son.  However, they have been travelling back-and-forth between the United States and the Philippines because the priority dates of the immigrant petitions were not current.   Joselito is also 2 years away from becoming eligible to naturalize as a US citizen.  The visa bulletin trend indicated that Maria and Joselito were doomed to endure a long distance relationship for at least another year.  However, the visa bulletin in August 2013 revealed a miracle for couples like Maria and Joselito as all priority dates for spouses and children of permanent residents became CURRENT.

This significant opportunity means that regardless of priority date, spouses and minor children who are under a petition by a green card holder could be eligible to immediately file adjustment of status and obtain a work permit in August.  It is almost like US citizens petitioning for their spouse and minor children.  Most Filipino immigrants understand the meaning of priority dates when it comes to immigrant petitions.  For many, it has caused many years of family separation.  For Maria and Joselito, the priority date becoming current allows Maria to file for adjustment of status in the United States which will relieve further family separation.

We anticipate that many people like Maria and Joselito will take advantage of the current priority date in August.  Therefore, it is very realistic that the visas will retrogress in September.  If an adjustment of status application is duly filed in August, the applicant may remain in the United States with work authorization until the priority date becomes current again if retrogression occurs.  If your adjustment of status application is not duly filed in August, it will not be accepted in September if the visas become unavailable.  Therefore, DO NOT MISS OUT ON THIS GOLDEN OPPORTUNITY!

At Wilner & O’Reilly, we have former immigration officers, board certified specialists and experienced attorneys to assist you in realizing American Dreams.  Our priority is your family unity.  Everyone deserves to be with their family.  We are the real immigration experts you can trust! Contact us to schedule a free consultation today.

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Kelly O’Reilly is a nationally known immigration expert and former immigration officer. He is a highly sought after speaker on immigration and employment compliance issues.  Mr. O’Reilly serves as the current chair of the Riverside County Bar Association Immigration section and is a partner in the full-service immigration firm of Wilner & O’Reilly where he provides free consultations. Mr. O’Reilly can be contacted at (562) 207-6789 or he welcomes email inquiries at koreilly@wilneroreilly.com. 

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