EDWARD, a 45 year-old married man from Manila came to the United States in 1999. His mom and dad are U.S. citizens and filed a petition for him in December 1994. He has been waiting 20 years for his priority date to become current so that he could adjust status in the United States. Edward has been checking the visa bulletin every month only to see it move about 10 to 15 days each month. In September 2015, the priority date for his F-3 preference category for the Philippines was only current to September 15, 1993. At this rate, Edward would have to wait at least another year or perhaps much longer.
On September 9, the October 2015 visa bulletin was issued. The priority date for the F-3 preference category only moved about 15 days to October 1993. However, a significant change occurred in the October visa bulletin which proved to be very beneficiary to Edward. The U.S. State Department announced that starting from October 2015, the State Department will not issue two separate priority date charts. The first chart of priority dates is the original chart which shows if a visa is available. However, a second chart which is titled “DATES FOR FILING VISA APPLICATIONS” indicates advanced priority dates to allow individuals that have priority dates current on the second chart to file for adjustment of status while waiting for the actual priority date to become current. An application for adjustment of status will afford the applicant an employment authorization and advanced parole for travel.
For example, the second priority chart indicates that the F-3 preference category for the Philippines is August 1, 1995, which is almost 2 years further than the actual priority date. In Edward’s situation, he would be eligible to file for adjustment of status in October 2015 as opposed to waiting for another year or more. During this time, he would be eligible for a work permit and advanced parole to travel.
These changes affect not only family-based petitions, but also employment-based petitions. Therefore, for those people who are waiting for an employment based petition to become current in the U.S., may be eligible to file for adjustment of status earlier so that they do not have to worry about the limitations of their nonimmigrant visas. The U.S. Department hopes to relieve some of the agony of waiting for prolonged priority dates with this new policy.
This significant change will benefit all immigrants in the U.S. with a petition from a family member or employer. However, one must still be admissible and otherwise eligible for adjustment of status. Therefore, it is important to note that the visa bulletin change does not affect an individual’s eligibility for adjustment of status. Rather, it only changes WHEN the application may be submitted. Premature or incorrect filing could lead to denials, wasted filing fees or perhaps even removal proceedings.
It is important that you consult with a competent immigration attorney to determine whether you are eligible to apply for adjustment of status now. At Wilner & O’Reilly, we are former immigration officers, board-certified specialists and true immigration experts. We have offices conveniently located in Orange, San Bernardino, San Diego, Sacramento, San Francisco, and Utah. Schedule your free consultation today.
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Kelly S. O’Reilly is a nationally known immigration expert and former immigration officer. He is a highly sought after speaker on immigration and employment compliance issues. Mr. O’Reilly serves as the current chair of the Riverside County Bar Association Immigration section and is a partner in the full-service immigration firm of the Wilner & O’Reilly where he provides free consultations. Mr. O’Reilly can be contacted at (714) 919-8880 and he welcomes email inquiries at [email protected]om.
