When to File Your Adjustment of Status Application for Family Sponsored or Employment-Based Preference Visas: November 2016

Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process. If you already have a petition filed or approved on your behalf, you may have to wait for an available visa in your category (if applicable) before you can file your Form I-485, Application to Register Permanent Residence or Adjust Status.

Key points to remember:

  • You must use the Department of State (DOS) visa bulletins charts listed on the USCIS website (not the DOS website) to determine when to file your adjustment of status application.
  • You need to know your priority date, which is generally the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS. If a labor certification is required to be filed with your immigrant visa petition, the priority date is the date the labor certification application was accepted for processing by the Department of Labor.
  • You need to check the visa bulletin monthly  if you have already applied for adjustment of status and but have not been approved.  Visa availability can move backwards (retrogress) so even if you have applied for adjustment, your priority date must be current and a visa available before your green card application can be approved.

Visit the USCIS website for further details on when you can apply for adjustment of status if you are in the green card queue.

Published by Ann Massey Badmus

Ann Badmus helps foreign national medical providers and their employers successfully cut through immigration red tape for fast and timely employment. Through her unique Immigration Prescription Program, she skillfully solves even the most complex immigration problems. Her comprehensive and clear advice has helped thousands of providers, employers, and recruiters avoid immigration delays, saving time and expense and providing a stress-free experience for all. Ann is frequently invited to speak about immigration issues before various organizations, including medical associations such as the American Academy of Neurology. She has also published numerous immigration articles and has authored a well-received book, The Immigration Prescription: The Practical Guide to Immigration for Foreign Born Physicians.

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