October 1stst, the first day of the federal government’s new fiscal year, is fast approaching, and with it, the replenishment of the overall green card supply. This can be an important time if you have a priority date and want to obtain a green card via an Adjustment of Status Application (AOS) in a Family (FB) or Occupational (EB) category. But the Visa bulletinwhich plays an important role in this process, can be a puzzle to decipher.
In this article, I attempt to provide a practical introduction to how the Visa Bulletin works to determine whether an FB or EB AOS petition can be filed with United States Citizenship and Immigration Services (USCIS) and , once filed, if it can be approved. An AOS application is a request to adjust your immigration status from that of a temporary migrant to that of a permanent resident, an obviously extremely important step in feeling secure as you build your life in the United States. In the world of FB and EB AOS applications, it is important to note that priority dates and the Visa Bulletin impact both the ability to deposit the application to USCIS Andonce filed, USCIS’s ability to approve The app. Generally, your priority date is either the filing date of their FB or EB immigration petition or the date of filing of their PERM request if such a request is required.
In this article, FB AOS applications refer to the family applications of these other than spouses or children of U.S. citizens. If you are seeking permanent resident status based on your relationship as the spouse or child of a U.S. citizen, you are not affected by a limited annual supply of green cards. Therefore, your ability to file an AOS application and, once filed, have it approved, is not affected by priority dates and the Visa Bulletin.
Priority dates, Visa Bulletin and Deposit an AOS application
To be eligible for deposit your FB or EB AOS application in a given month, your priority date must be “current” according to the Visa Bulletin table that USCIS uses that month to determine whether the application can be filed. For the FB and EB green card categories, the Visa Bulletin publishes two tables each month: one for “Deposit Dates” and another for “Final Action Dates”. Your priority date is current if, for your combination of taxing country and green card category, the table is noted either with a “C” or indicates a deadline by which your the priority date falls before. (See here for an explanation of what “C” and deadlines mean.)
In certain months, USCIS will use the filing date table to determine whether an FB or EB AOS application can be filed. In other months, USCIS will use the Final Action Dates table. The table used by USCIS to determine whether an FB or EB AOS application can be filed may change from month to month. (See here to find out why.) Regardless of which card USCIS uses in a given month, your priority date must be current in that card for you to be eligible for deposit your application that month. This means that even though there is a table specifically for “Filing Dates”, it is possible (in fact, common) for USCIS to use the Final Action Date table to determine whether an FB or EB AOS application can be filed. As of this writing, USCIS uses this web page to announce which chart it will use to determine whether an FB or EB AOS application can be filed during that month.
Priority dates, Visa Bulletin and Approving an AOS application
Once your FB or EB AOS application has been correctly submitted, the only table in the Visa Bulletin that matters in determining whether the application can be approved is the Dates of final measurements chart. Within the month that USCIS finishes processing your application and deems it acceptable on the merits, Your priority date must be current in the Final Action Date table for USCIS to approve the application. Processing your application involves USCIS reviewing the content of the application, issuing any requests for evidence, collecting biometric data, conducting background checks, and, if necessary, scheduling and conducting an interview with you.
Priority dates and processing time for Visa Bulletin application files c. OSA
When your priority date becomes current according to the Final Action Date Table is a separate issue from the USCIS case. treatment time for your AOS application. As of this writing, USCIS uses this web page to publish its estimated processing times for AOS application files. The information listed on this webpage represents estimated case processing times by USCIS, whether or not an applicant’s priority date is current according to the Final Decision Date Table.
If, within the month that USCIS completes processing your FB or EB AOS application and deems it acceptable on the merits, your priority date is up to date according to the final action date table, your request can then be approved. The fact that your priority date is current according to the Final Action Date Table in a given month is not, in itself, sufficient for USCIS to approve your application. Rather, it must be current within one month USCIS finishes processing your application and deems it acceptable on the merits.
If, during the month that USCIS completes processing your application and deems it admissible on the merits, your priority date is not current according to the Final Action Date Table, USCIS must then hold your application until your priority date becomes current according to the Final Action Date Table. When this happens, your application may be approved, assuming that no required documents (medical examination report, for example) have expired and that USCIS is not otherwise seeking updated evidence. If the required documents have expired or updated evidence is sought, USCIS will likely send you a request for evidence.
It is commonly said that immigration law is second only to tax law in terms of complexity. So while we hope this blog post can help you better understand this facet of part of the immigration process, nothing can really replace having a qualified lawyer at your side.
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AILA members looking for an easy-to-use customer flyer that also covers some of these topics may find this customer resource helpful: https://www.aila.org/advo-media/tools/psas/visa-bulletin-understanding-the-basics.