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IMMIGRATION LAW UPDATE

New Procedures for Filing Adjustment of Status Applications

The Department of State (DOS) and the United States Citizenship and Immigration Services (USCIS) announced yesterday revised procedures for individuals waiting to file for Adjustment of Status (AOS). The press release can be found here.  

Beginning in October 2015, two charts per visa preference category will be posted in the monthly DOS Visa Bulletin:

  • Application Final Action Dates (dates when visas may finally be issued); and
  • Dates for Filing Applications (earliest dates when applicants may be able to apply).

The dates for filing applications should allow for more individuals to file AOS applications, and those individuals' AOS applications will remain pending until their priority date becomes current on the Application Final Action Date chart, at which point processing will continue and green cards should be issued. The October Visa Bulletin can be found on the DOS website here

The priority date for persons who are permitted to file for AOS has moved forward significantly, allowing many more individuals to file for AOS sooner, although these individuals may still have to wait for several years to actually receive green cards.

Priority dates for filing AOS applications in employment based second cases (EB-2) for China is at May 1, 2014 and EB-2 India is at July 1, 2011. Priority dates for filing AOS applications for employment based third cases (EB-3) for China is at October 1, 2013. EB-3 India is at July 1, 2005. Please note that these dates will likely change with each monthly Visa Bulletin and may move forward or retrogress. For a summary of priority dates, retrogression, and how these dates impact US green card processing, please visit the Clark Hill website.

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