Applying Early For Adjustment Of Status In The U.S.

If you are already in the US and you are in legal status, it might be possible for you to submit your Green Card application in October, even if your petition is not yet current.

This will apply mainly to non-immigrant visa holders who have a non-current petition on file for them.

The State Department’s monthly Visa Bulletin now contains 2 cutoff date charts.  The first chart is the usual list of dates telling you when you will be eligible to apply for an immigrant visa or to apply for adjustment of status in the US.  The State Department cannot issue an immigrant visa for you, and CIS cannot issue a Green Card for you, until your petition is current according to the Visa Bulletin’s first chart for the cutoff date.

However, the Visa Bulletin’s second chart is a new one.  It is the Dates for Filing Visa Applications.  It tells you when you can submit your Adjustment application if you are already in the US and you are waiting for your petition to become current.  The cutoff dates on the second chart are about a year earlier than the dates on the first chart.   The dates on the second chart also indicate when the visa applicant overseas can expect to be contacted by NVC for final processing.

For example, the F1 category for unmarried sons and daughters over 20 has an October cutoff date of January 15, 2008.   But the second chart in the Visa Bulletin shows a more favorable cutoff date of May 1, 2009. So, if the F1 petition has a priority date before May 1, 2009, the applicant in the US can submit the Adjustment application to CIS in October.  That way, the application can be processed and the case can be ready for Green Card issuing when the petition becomes current.

F2A: Spouses and minor children of permanent residents will be able to apply for adjustment of status about one year before their priority dates are current.

F2B: Unmarried adult sons and daughters of permanent residents will be able to apply for adjustment of status about 18 months before their priority dates are current.

F3: Married adult sons and daughters of US citizens will be able to apply for adjustment of status about 10 months before their priority dates are current.

F4: Brothers and sisters of US citizens will be able to apply for adjustment of status about 11 months before their priority dates are current.

You have to remember that this new chart in the Visa Bulletin does NOT allow applicants in the US to receive their Green Cards earlier than expected.   They still have to wait for their petitions to become current.   But, this new system does provide three very important benefits:  

(1)  If you are eligible to submit your Adjustment application now, it will give CIS time to complete processing and they will be able to issue your Green Card soon after your petition becomes current.

(2)  Submitting your Adjustment application early will allow you to receive Employment Authorization from CIS so you will be able to work legally while waiting for your petition to become current.

(3)  An Early Adjustment Application will also allow you to apply for Advance Parole.   With Advance Parole, you will be able to make trips abroad while waiting for your petition to become current.

The new system does not apply to applicants waiting outside the US because they will be applying for an immigrant visa rather than Adjustment.   But the new system also does not in any way penalize applicants abroad.  Their cases will not suffer any kind of delay under the new system.

Planning Ahead:   When you submit your visitor or student visa application to the US Consulate abroad, you must be extremely careful to make sure all of the information is correct.   CIS will refer to application when you submit any Adjustment or Change of Status application after arrival in the US.    For this reason, it is imperative that your non-immigrant visa application in Vietnam is handled by a reliable, knowledgeable agency.

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Q.1.   Will the new chart for Early Applications in the October bulletin remain constant or will it change?

 A.1.    The Early Application dates in the October Bulletin are only for the month of October.   The numbers could change in November. The waiting times depend on the number of persons with priority dates for each country.

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Q.2.  Can someone who has a pending petition but is out of status in the US file the Adjustment Application early?

 A.2.  You can only submit an Early Application if you are present in the US in lawful nonimmigrant status.   That is why it is crucial to maintain your legal status in the US.

If your tourist visa or student visa expires, you will not be able to submit an application to CIS for Adjustment, Extension or Change of status.

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Q.3.  Can an American citizen file a petition along with an Adjustment application for his spouse, parent or minor child?

 A.3.  Yes, the I-130 petition can be filed with the I-485 Adjustment application in order to get the Green Card for the applicant.

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ROBERT  MULLINS  INTERNATIONAL  www.rmiodp.com   www.facebook.com/rmiodp

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