Question: What does it mean that the F2A category is now current?
Answer: The Immigration and Nationality Act sets numerical limits on the number of visas that will be issued each year to categories of prospective immigrants. The F2A category is a family-based visa category that applies to spouses of lawful permanent residents and their unmarried children under 21 years of age.
Every month, the U.S. Department of State issues a bulleting that informs the public about how many visas are currently available since there are generally more potential immigrants than there are available visas. In recent memory, the F2A category has always had a long wait (often two to three years). The August 2013 visa bulleting, however, indicated that the F2A category is now current. The category is also current for September.
This means spouses of lawful permanent residents who are currently lawfully in the United States may immediately file the I-130 petition and I-485 Adjustment of Status application to get a green card. Both forms may be filed concurrently as long as the category stays current.
If a spouse or unmarried child under the age of 21 is currently residing outside of the United States, the individual is eligible to apply for Consular Processing if they have an approved I-130. Individuals without an approved I-130 petition may wish to file as soon as possible to take advantage of this recent change as it is unknown how long the F2A category will remain current. It is likely the category will experience some retrogression in the coming months.
Please consult an immigration attorney if you think you may be able to take advantage of this exciting opportunity.
Question: When should I apply for a student visa?
Answer: The most common type of student visa is a nonimmigrant F visa. Students who plan on attending a college or university, high school, private elementary school or other academic institution will generally apply for this visa type. If you are looking for information regarding M- and J-type visas, please contact our immigration attorney.
Prospective students may apply for an F-type student visa at any time, but the visa may not be issued more than 120 days before the student will begin his or her studies. Further, prospective students cannot enter the United States more than 30 days before the academic program’s start date.
New students are encouraged to apply for their visa as soon as possible to avoid delays and to allow for scheduling of their Consular interview. Interview waiting periods vary in length depending on the location of the U.S. Embassy or Consulate and may be checked at the following website: http://travel.state.gov/visa/temp/wait/wait_4638.html.
Prospective students who wish to enter the United States more than 30 days prior to beginning their studies may apply for a B-type visitor visa. Students may hold an F visa and a B visa at the same time but will need to adjust their status before starting their studies if they initially arrived on a visitor visa. In some instances, an adjustment of status application may not be approved, and the student will need to leave the country and return using their student visa within 30 days of their academic program’s start date.
These rules only apply to new students. Continuing students may be issued a student visa at any time and may return to their academic institutions at any time.
Emil Dixon is the founder of the Davis Legal Center, a private law office located in Davis, California.