Originally published by Susan I. Nelson.
The October Visa Bulletin introduces a new system that allows individuals with priority dates to submit their permanent residence applications prior to the date on which a visa is available. The Visa Bulletin provides a “filing date” and a “final action date” for each category.
For example, Lupe is 35, unmarried and the her permanent resident father filed a petition for her on December 15, 1995 (category F2B). On October 1, 2015, Lupe can file an application for adjustment of status (I-485) and an application for employment authorization (I-765) with USCIS because her priority date is before January 1, 1996 (the “filing date”).
Her application cannot be approved until the “final action date” is after December 15, 1995, but she can work with authorization while she waits.
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