Practitioners should note a few developments in the August 2023 Visa Bulletin for family-based applications:

Second Preference. Starting with the May 2023 Visa Bulletin, the F-2A category suddenly retrogressed using Chart A. Instead of being current, only those with priority dates before Sept. 8, 2020, had a visa classified as “available.” For Mexico, it was backlogged almost two years further to November 2018. The F-2A category for Chart B was still current in May, and the USCIS indicated that applicants must use that chart for filing purposes. That meant the spouses and unmarried children of lawful permanent residents (LPR) could file for adjustment of status if they had been inspected and admitted or paroled on their last entry and had always maintained lawful immigration status, including not having worked without authorization, at the time they filed the Form I-485. But it would be a few years before they could be approved for lawful permanent resident (LPR) status. At least they could continue to receive an employment authorization document (EAD) and apply for advance parole while waiting for the priority date to become current.

That date of Sept. 20, 2020, in the Visa Bulletin had remained the same until the August 2023 Visa Bulletin. The date has now retrogressed three years farther to Oct. 8, 2017; for Mexico, it has regressed two years farther to Sept. 1, 2016. That means a much longer wait for the spouses of LPRs, which will likely result in further marital strains and hardships for those waiting abroad. For the children, it means they are more likely to age out. But the F-2A category remains current for Chart B.

No movement in the F-2B category in Chart A or B except for two-year progress for Mexico in Chart B.

First Preference. The F-1 category in Chart A progressed from December 15, 2014, to January 1, 2015, for all chargeability areas except Mexico and the Philippines. For those two countries, it stayed the same. Note that the F-1 category is backlogged farther than the F-2B category for all nationalities in Chart A except the Philippines. That has been true for several months. For Chart B, however, F-1 is more favorable than F-2B for all nationalities. That means that if an LPR petitioner naturalizes, thus converting the preference category from F-2B to F-1, the beneficiary may or may not have to opt out of that conversion at the time of filing for adjustment or an immigrant visa. Keep a close eye on the Visa Bulletin and the USCIS website to see if it allows use of Chart B for adjustment filing purposes.

Third Preference. The F-3 category in Chart A progressed one month, except for Mexico and the Philippines. No change in Chart B. Note that when the son or daughter of a U.S. citizen marries and converts from the F-1 to the F-3 category for all nationalities except Mexico and the Philippines, it currently adds another six years before the priority date becomes current (from January 1, 2015, to January 8, 2009). But for Mexico, the difference is less than three years (from April 22, 2001, to January 15, 1998).

Fourth Preference. No movement in the F-4 category in Chart A or B.