Are you planning to adjust your status to become a U.S. permanent resident through a family-sponsored or employment-based preference visa in November 2024? This comprehensive guide will help you determine the right timing for filing your adjustment of status application.
Adjustment of Status Process
Before filing your Form I-485, Application to Register Permanent Residence or Adjust Status, ensure that an immigrant visa petition has been filed or approved on your behalf by a relative or employer. This step is essential as you may need to wait until a visa becomes available in your category.
When Should You File?
Here’s how to determine the optimal time to file your adjustment of status application using the Visa Bulletin:
- Identify Your Visa Type: Check the first column of the appropriate chart (Family-Sponsored or Employment-Based) in the Visa Bulletin.
- Check the Corresponding Date: Move across to the date under your birth country in boldface columns.
- File Accordingly: If you see “C” indicating current, or if your priority date precedes the date on the chart, you can file your adjustment application.
Keep in mind that “U” stands for unauthorized, meaning numbers are not available for issuance.
What is Your Priority Date?
Your priority date is crucial as it determines when you are eligible to file. It is typically the date when your relative or employer filed the immigrant visa petition with USCIS. If a labor certification was necessary, it will be when this application was processed by the Department of Labor.
The Role of the Visa Bulletin
The Department of State (DOS) releases a monthly Visa Bulletin displaying visa availability based on priority dates and statutory limitations.
In 2014, changes were made by DHS and USCIS to enhance this process by ensuring all authorized visas are issued efficiently where demand exists and improving how immigrant visa availability is communicated throughout each fiscal year.
These revisions align procedures between DOS and USCIS for noncitizens applying for U.S. permanent residency at consulates and embassies internationally.
Visa Bulletin Changes: Understanding the New Charts
The U.S. Department of State (DOS) has made significant changes to the Visa Bulletin’s procedures, introducing two distinct charts for each visa preference category. These are:
- Application Final Action Dates: This chart indicates the dates when visas can be issued. It’s crucial for applicants monitoring when they can proceed with their visa issuance.
- Dates for Filing Applications: This chart shows the earliest possible dates applicants might be eligible to file their adjustment of status applications.
When USCIS (U.S. Citizenship and Immigration Services) identifies that additional immigrant visas are available, the “Dates for Filing Applications” chart will be applied to determine the filing period for adjustment of status applications. If not, the “Application Final Action Dates” chart is used.
As part of a monthly cooperation with DOS, USCIS will rigorously track visa number availability and publish the pertinent chart on their “When to File” page.
Determining Visa Availability
The determination of visa availability by USCIS involves evaluating whether supply surpasses demand using several key indicators:
- The count of documentary qualified visa applications from DOS.
- Data on pending adjustment of status applications supplied by USCIS.
- Historical patterns regarding the drop-off rate in status adjustments due to denials, withdrawals, or abandonment.
This strategic approach ensures that available visas are optimally allocated while maintaining transparency and efficiency in processing.
