USCIS announces important changes to green card application process

Updated 9/12/15

New Immigrant Visa Application Procedures

As part of President Obama’s executive actions the U.S. Citizenship and Immigration Services and U.S. Department of State have been working to streaHow-to-obtain-a-green-card-by-PERMmline the family and employment-based immigrant visa processes. Now applicants with approved immigrant visa petitions who are subject to backlog will, under specified circumstances, be able to file their adjustment of status (green card) applications BEFORE their priority dates are current.  This is significant because this will allow backlogged applicants to port to new employers and file for employment authorization and advance parole.

The USCIS has posted a Fact Sheet on its website entitled “When To File Your Application For Family-Based or Employment-Based Immigrant Visas” which describes the new procedure in detail.

New Visa Bulletin Charts

The Visa Bulletin will now have two different charts because of the revised procedures. DOS will post two charts per visa preference category in the DOS Visa Bulletin. The charts are:

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).
When USCIS determines there are immigrant visas available for the filing of additional adjustment of status applications, the Dates for Filing Applications chart may be used to determine when to file an adjustment of status application with USCIS. Otherwise, the Application Final Action Dates chart must be used to determine when to file an adjustment of status application with USCIS.

In coordination with the DOS, USCIS will monitor visa numbers each month and post the relevant chart on this page under When to File.

PLEASE NOTE: This information is posted solely for informational purposes and is not legal advice. Transmission of this information does not create, and receipt by you does not constitute, the formation of an attorney-client relationship. Any on-line readers should not act upon any information contained in this post without first seeking advice from a qualified attorney. For more information please contact our office at 216.696.4676.

About David Leopold
Past President American Immigration Lawyers Association (AILA), In-the-Trenches practicing immigration Attorney, Blogger, Activist, Photographer, Educator, World Traveler. All opinions are my own.

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