Adjustment of Status, Employment Immigration, Family Immigration

*UPDATE* October 2015 visa bulletin helps with backlog

***UPDATE 9/25/2015

[From American Immigration Lawyers Association (AILA)]

Update: On September 25, 2015, the Department of State published a revised Visa Bulletin for October, rolling back the “Dates for Filing” for several visa categories. This “Revised September 25, 2015″ Visa Bulletin supersedes the previous Visa Bulletin for October, which was published on September 9, 2015.

Please note that the following “Dates for Filing” have changed:

Category (9/9/15)
Filing Date
NEW (9/25/15)
Filing Date
Difference
EB-2 China 5/1/2014 1/1/2013 1 year, 5 months
EB-2 India 7/1/2011 7/1/2009 2 years
EB-3 Philippines 1/1/2015 1/1/2010 5 years
FB-1 Mexico 7/1/1995 4/1/1995 3 months
FB-3 Mexico 10/1/1996 5/1/1995 1 year, 5 months

 

October 2015 Visa Bulletin allows some to apply to adjust status years before priority dates are current

The October 2015 visa bulletin has something new to help with backlogged categories! It includes separate charts with new dates for employment-based (EB) and family-based preferences who are adjusting status in the US. Starting October 1st, these I-485 adjustment applicants can apply to adjust status based on dates from this new chart. Those filing for the adjustment of status will be able to apply for work permits, social security numbers, and Advance Parole travel documents. Note, however, that although these individuals can apply to adjust status, they will still need to wait for the priority dates to become current before USCIS will approve the adjustment to permanent resident.

For example, citizens of India in the EB-2 category can use the priority date of 7/1/2011 to apply for an adjustment of status, rather than waiting to apply for adjustment based on the 5/1/2005 date. When applying for the adjustment of status, applicants can apply at the same time for work permits and travel documents. These applicants would then wait for green card approval until the priority date became current (by watching section A of the employment-based preferences, which currently has a date of 5/1/2005). However, during the wait, they could have a pending I-485, a work permit and a travel document.

See more information from Lexology, and from the National Law Review.

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