Change in Procedures for Filing Application for Adjustment of Status

The U.S. Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS) announced yesterday a change in filing procedures for those with established priority dates, waiting for their green cards. DOS posts the Visa Bulletin once a month that shows the cut-off dates for the availability of immigrant visas (green cards). In the past foreign nationals in line for a green card had to wait until an immigrant visa became available to them - their priority became current - before they could file an application for adjustment of status, leading to their green cards.

Starting October 2015 DOL will publish two Visa Bulletin Charts each month, one chart announcing the cut-off date when an adjustment application can be filed and a separate second chart announcing cut-off dates for the approval of applications. This means that an immigrant visa must not be available anymore before applicants can submit their adjustment applications.

This significant change in filing procedures allows applicants seek benefits that come with filing an adjustment application (e.g. the ability to seek independent employment authorization) much sooner than before.

Please contact my office if you are in the United States and have an employer or family member who already petitioned you for a green card but you are not sure when you will be able to receive your green card.