New Procedures May Allow Adjustment of Status Applicants to File AOS Earlier

Visa_pageStarting October 2015, the State Department (DOS) changes the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status.

The changes are that two charts will be posted in the DOS Visa Bulletin:

  Application Final Action Dates (dates when visas may finally be issued); and

  Dates for Filing Adjustment of Status Applications (earliest dates when applicants may be able to apply).

This revised process will 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.

It used to be that adjustment of status can only be filed when visas are available on the DOS visa bulletin.  After the new procedure is implemented, adjustment of status can be filed when the AOS date is available in the new chart.  This can benefit the applicants significantly.  As adjustment of status is filed, the applicant and family members can enjoy Employment Authorization Card and Advance Parole, and may be beneftted if his or her non-immigrant status expiration date is approaching.

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