Legal Question in Immigration Law in New York

Hello, I am a permanent resident and filed I 130 petition for my husband (currently outside of the U.S.)beginning of September. Our priority date is 9/05/13. What is your prediction of the processing time for our petition? it has been sent to Vermont Center and official proc. time is 5 months, but we were told that we should expect approval by mid of October. Also cut off date of 9/08/13 according to October visa bulletin confuses me a bit, will our case be reviewed before October? or sometime in October? Thank you!

Asked on 9/23/13, 11:18 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law
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The processing dates on the USCIS website ( & the visa bulletin on the Dept of State website ( are two different things.

The processing time is the estimation of how long it will take USCIS to review (& hopefully approve) the I-130 petition.

The visa bulletin informs the public as to when a beneficiary can file for the immigrant visa, based upon their priority date. However, the petition must be approved first.

Petitions with a priority date (i.e.,date the petition was filed) on or before the date on the visa bulletin, in their respective categories, can apply for the immigrant visa that month.

If your spouse is consular processing, then the National Visa Center (NVC) will send you & your spouse a notification when he becomes "current", along with instructions on where to file additional forms, fees, documents, etc.

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Answered on 9/24/13, 2:55 pm

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