The August 2013 visa bulletin heralds great news for spouses and children of U.S. permanent residents. As of August 1, 2013, the family sponsored preference 2A will be current for all countries.

This means that if you are a permanent resident and if your spouse and/or children are present in the U.S., that they will be able to file their I-485 packets for Adjustment of Status. The good news is that even if the visa availability retrogresses after August 2013, if their I-485 packets are received by the USCIS prior to the retrogression, then they will be able to remain in the U.S. 

For those who have an I-130 pending, an I-485 packet for adjustment of status should be sent in during the month of August. If Advanced Parole and EAD is applied for at the same time, the beneficiaries of the I-485 will receive travel documents and work permits within 90 days.

Those of you who are permanent residents, who are planning to get married, it may be worth it to consider moving up your wedding to take advantage of being able to take advantage of the open period for I-485 applications under the family sponsored preference 2A.

With the most recent DOMA decision, it is essential to remember that this same rule will apply to same-sex couples as well.

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The travel validity period of a green card is one year – this means that both legal permanent residents and conditional residents (hereafter “residents”) can be outside of the United States for up to one year without having to file any additional paperwork to get back in. The issue arises when a resident will be out of the country for longer than one year. In this circumstance, the resident faces a risk of denial of admission back into the U.S. on the grounds of having abandoned his or her permanent resident status.