USCIS Agrees to Use Dates For Filing Again in December

unknownSurprisingly USCIS is again using the dates for filing in December of 2106 for all categories EXCEPT for EB-5 filings.   This means that, even though your priority date is not current (i.e. there is no immigrant visa available) you may still be able to file the I-485.  Below are the dates that can be used to determine if you can file you I-485 for certain case types:

Family Based Cases:

F2A:  While all the categories have later dates that can be used, the only one that is close to being current is the F2A (Spouses and children of permanent residents).  Unfortunately the difference in dates is not really that signficant.  The Final Action Date for this category is Fenruary 22, 2015 and the Date for Filing is November 22, 2015.  This means if your priority date is before November 22, 2015 you are now eligible to file your Adjustme of Status application.

Employment Based:

Eb-2:  The Dates for Filing for China are March 1, 2013 about 5 months more current than the Final Action Date.  The Date For Filing for India is April 22, 2009 about 11 months more current that the Final Action Date.

EB-3:  For All Other Areas the Date for Filing is current (as opposed to July, 2016).  For China the Date for Filing is  May 1, 2014 (11 months more current) and for India it is July 1, 2005 (about 4 months more current).  The Philippines is also backlogged in this category – the Date for Filing is September 1, 2013 as opposed to a June 1, 2011 Final Action Date.

Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.


Author: Adam Frank, Esquire

I am an immigration attorney with over 20 years of experience. I was graduated from Brandeis University undergrad in 1990 and then spent a year traveling around Central America. In 1991 I began attending the University of Baltimore School of Law and was graduated in 1994. I began working in Immigration Law in 1998 when I joined a small law firm and, in 2000 opened my own firm with my law partner Ed Leavy. Sadly, Ed passed away in 2011. I am still a partner in my own firm with my current partner Brendan Delaney. Our firm is Frank & Delaney Immigration Law, LLC.

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