
For those waiting to file for an I-495 adjustment of status and get a green card, newly revised procedures will provide much needed information for determining visa availability. The new rules implement the White House’s initiatives to modernize and streamline the immigration process.
The I-495 adjustment of status process allows eligible individuals already in the United States to get permanent resident status without having to return to their home country to complete visa processing. However, applicants waiting to file for employment-based or family-sponsored preference adjustment of status must wait until a visa is available in their category. Applicants must regularly check Visa Availability & Priority Dates to see if a visa is available. Under the old procedures, there was a great deal of uncertainty in estimating when a visa might become available. The revised method is a significant improvement.
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The new procedures enhance DOS’s ability to more accurately predict overall immigrant visa demand and determine the cut-off dates for visa issuance published in the Visa Bulletin. This will help ensure that the maximum number of immigrant visas are issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates. DOS publishes current immigrant visa availability information in a monthly Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available to prospective immigrants based on their individual priority date.
Going forward, DOS and USCIS will analyze various reports of pending applications and historical drop-off rates in order to determine the number of visas available for the remainder of the fiscal year. Each month, the DOS Visa Bulletin charts will indicate Final Action Dates (dates when visas may finally be issued); and Dates for Filing Applications (earliest dates when applicants may be able to apply). Applicants can use the charts to determine when to file their Form I-485.
Under the revised procedures, applicants can look forward to better information and more certainty about when they can take one of the final steps in the process of becoming U.S. permanent residents.
Please contact us if you would like help with the I-485 application process.
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