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Immigration Issues/Lawful permanent residency Cut-off-dates

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QUESTION: "My husband (German) is a lawful permanent resident in the US. I am German,too and are waiting for my cut -off-date becoming current.We married in Germany in Oct 2010. My husband applied for LPR for me, too. Priority Date is 01/01/2011. The table in the visa bulletin of August 2011 says cut-off-date June/2008. The list of Worldwide cut-off-dates (non-oversubscribed countries only) gives for F2A in Sept 2011 1-Jan-2010. Why is this so? What does it mean? It also says in advance for Nov. 2011 1-Jun-2010.
Is there any possible way to visit my husband during waiting time? Consulate in Frankfurt advised me to apply for a B2 -Visa, went there twice, got rejected twice."

ANSWER: Hi,

For F2A category in September visa bulletin, the cutoff date is Dec. 01, 2008: http://travel.state.gov/visa/bulletin/bulletin_1360.html

This means that if your husband had filed the immigrant petition for you on or prior to Dec. 01, 2008, your priority date would be current and you could thereby obtain an immigrant visa (green card) at a nearby U.S. Consulate in Germany. Information about family sponsorship categories is here: www.h1b1.com/sponsor.htm and for priority dates here: www.h1b1.com/visawaiting.htm

Since you have an intention to immigrate to the U.S., and the B visa category does not allow for intention to immigrate to the U.S., the Consulate is probably not going to issue you a B2 visa stamp to visit your husband.

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QUESTION: Hi, Ajay, thanks for your answer, but I know what priority date means in the monthly visa Bulletin in travel.state.gov. What I don't understand is the list of "Worldwide cut-off-dates (non-oversubscribed countries only)" right below the Visa bulletin of September 2011. It gives a different cut-off-date for F2A in Sept 2011: It's "1-Jan-2010". Is this of any relevance? Or did they publish this table for fun? As this table gives a much closer cut-off date, I would be able to wait for that one. If it's just a fake or a joke I would have to look for other possibilities to come to US earlier. My husband and I are old. We are 63 and 64 Years old. For us every day is precious.

ANSWER: Hi,

Our earlier email has the correct interpretation: the cutoff date is Dec. 01, 2008. Please disregard any other aspect of the visa bulletin except for F2A category.

If your husband becomes a U.S. citizen, your priority date will automatically be current as you will be considered to be an immediate relative. The following page from our website is relevant for applying for U.S. citizenship: www.h1b1.com/citizenship.htm

---------- FOLLOW-UP ----------

QUESTION: Hi, Ajay, thanks for your answer. It was very helpful and it seems that my husband has to apply for US citizenship. Now my first question is: How long about will it take for him to receive citizenship? He lives in USA for more than 30 years.

Answer
Hi,

Your husband should complete the naturalization application and file with the USCIS: www.h1b1.com/citizenship.htm

It typically takes 6 months or so for naturalization application to be approved by the USCIS. Once he is a citizen, he can file an immigrant petition for you: www.h1b1.com/Uscitizen.htm

The USCIS will approve in a few months, at which point you can apply at a nearby U.S. Consulate for an immigrant visa (green card).

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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