Family Visas: September 2004 Update Form I-130 and backlogs at USCIS service centers Family Visas: September 2004 Update (last updated on September 13, 2004) If a U.S. Citizen or Lawful Permanent Resident already filed an I-130 petition for an eligible family member to receive a green card or immigrant visa that is subject to an annual numerical limit, which cut-off dates are current for September 2004? According to the September 2004 issue of the Visa Bulletin, published by the Visa Office of the U.S. State Department, family immigrant visas are now available for persons who fall into one of the five groups described below. This information applies to individuals from all countries except India, Mexico and the Philippines. Persons from one of these three countries can obtain information on visa ability for September 2004 by clicking here: http://www.travel.state.gov/visa_bulletin.html . To get on the waiting list for a family visa, a prospective immigrant must have an eligible relative who is a U.S. citizen or Lawful Permanent Resident (LPR). The citizen or LPR relative must file Form I-130 Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS). As soon as the form is properly filed, the prospective immigrant is officially on the waiting list for a visa. The date that an I-130 is filed is known as the priority date for the petition and determines one’s place on the chronological waiting list. Family Preference 1: A visa number is now available if the petitioner is a U.S. citizen; the beneficiary is his/her son or daughter who is age 21 or older and unmarried; and an I-130 was filed with the former Immigration and Naturalization Services (now USCIS)  before October 22, 2000. Family Preference 2A: A visa number is now available if the petitioner is a Lawful Permanent Resident; the beneficiary is his/her spouse or child (unmarried and under age 21); and an I-130 was filed before April 15, 2000. Family Preference 2B: A visa number is available if the petitioner is a Lawful Permanent Resident; the beneficiary is his/her adult son or daughter who is unmarried and age 21 or older; and an I-130 petition was filed before July 1, 1995. Family Preference 3: A visa number is now available if the petitioner is a U.S. citizen; the beneficiary is his/her son or daughter who is married; and an I-130 petition was filed before October 15, 1997. If the beneficiary qualifies for a visa, his/her spouse and minor unmarried children may also apply for visas. Family Preference 4: A visa number is available if the petitioner is a U.S. citizen; the beneficiary is his/her brother or sister; and an I-130 petition was filed before August 15, 1992. If the beneficiary is approved for an immigrant visa, his/her spouse and minor unmarried children may also apply for visas. It is always best to consult an immigration expert before proceeding with a family petition, especially if the beneficiary plans to apply for a green card in the United States rather than for an immigrant visa through a U.S. consul abroad. Immediate relatives: As a reminder, most persons classified as “immediate relatives” may apply for a green card in the United States or for an immigrant visa with a U.S. consul abroad, as soon as an I-130 petition is approved. An immediate relative includes the spouse, parent, or child (unmarried and under age 21) of a U.S. citizen. Also included in this group are certain widow/ers who were married for at least two years to a now-deceased U.S. citizen, and the children of these widow/ers. Child Status Protection Act: This complex law may benefit certain “age-outs” who reach 21 before a visa or green card is issued. [back to top] Form I-130 and backlogs at USCIS service centers (last updated on April 21, 2004) I am a U.S. citizen who filed an I-130 petition for my unmarried adult daughter in February 1999 under Family Preference 1. Although an immigrant visa is now available for her, the U.S. immigration service has not yet approved the I-130 petition that I filed over five years ago. Is this unusual? The U.S. Citizenship and Immigration Services (USCIS) now has extremely long backlogs with several applications, including Form I-130. To view current processing times for various applications, visit the USCIS website at www.uscis.gov and click on “Processing Dates” in the right column. In the past, it rarely happened that the time required to process Form I-130 would exceed the wait for a family visa. Petitioners who filed form I-130 would typically wait a few months for a decision. However, the backlogs for some applications at USCIS service centers are now so long that in some cases, petitioners who filed a Form I-130 five years ago are still waiting for a decision. Thus, even though a visa is available for your daughter, she cannot apply for it until your I-130 petition is approved by USCIS and forwarded to the U.S. Consul abroad.