This is the moment many have been waiting for! According to the October 2018 Visa Bulletin, family-based and employment-based beneficiaries may file for their green cards even before their priority dates are current! How is that possible? Please read on.
INTRODUCTION
This is the moment many have been waiting for! According to the October 2018 Visa Bulletin, family-based and employment-based beneficiaries may file for their green cards even before their priority dates are current! How is that possible? Please read on.
Company X filed an employment petition (I-140) for Ms. B. She is a citizen of China. The priority date on the I-140 receipt is May 18, 2017.
Based on October’s Chart A for employment-based cases, Ms. B will not receive her green card yet. Her priority date (May 18, 2017) is after the cut-off date (June 1, 2016). Accordingly, her priority date is not current and USCIS will not adjudicate her green card application in October 2018.
However, thanks to Chart B, Ms. B may file her green card application nonetheless because her priority date (May 18, 2017) is before the cut-off date (October 1, 2017) on Chart B.
WHEN CAN “CHART B” BE USED?
Good question. Unfortunately, Chart B is only “sometimes” honored by USCIS. You must visit www.uscis.gov/visabulletininfo to determine whether Chart B can be used in lieu of Chart A. For example, in September 2018, Chart B may only be used for family-based cases. But for October 2018, Chart B may be used for both!
IT IS BENEFICIAL TO FILE THE GREEN CARD APPLICATION EVEN THOUGH IT WILL NOT BE ADJUDICATED NOW?
Absolutely! First, by filing the green card application, the beneficiary may concurrently apply for a work permit and travel document (advance parole). As long as the green card application is pending, the beneficiary may renew the work permit and advance parole. Consequently, even if USCIS takes years to finally adjudicate and approve the green card application, the beneficiary may continue to work and travel overseas in the meantime. This is a great advantage.
Second, once the green card application is properly filed, the beneficiary enters a period of “authorized stay.” This means the beneficiary will be allowed to remain in the United States while the green card application is pending.
CONCLUSION
For those who are qualified to file a green card application in October 2018, prepare now! If you are still uncertain whether you qualify, please speak with an experienced immigration attorney.
U.S. immigration law is complex and understanding the Visa Bulletin is tricky business. Therefore, you need the support and expertise of a legal team. At Wilner & O’Reilly, we practice immigration law exclusively. We offer free in-person consultations at our offices in Orange, Fresno, Riverside, Sacramento, and San Bruno, California, as well as Orem and Salt Lake City, Utah, and Boise, Idaho. Please contact us today to start navigating the complex immigration system
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ABOUT THIS AUTHOR
Ms. Jeanny Tsoi is an Associate Attorney at Wilner & O’Reilly who handles employment-based transactional cases. She also has extensive experience with family-based immigration matters, 601/601A waivers, non-immigrant visas, and asylum applications. She is admitted to the State Bar of California, the United States District Court for the Central District of California, and the United States Court of Appeals for the Ninth Circuit. Ms. Tsoi graduated Cum Laude from the University of Southern California with a Bachelor’s degree in Art History. In 2012, she earned her Juris Doctorate degree from Southwestern Law School where she was the Vice President of Phi Alpha Delta Law Fraternity and a member of the Asian Pacific American Law Students Association. Ms. Tsoi is fluent in English, Mandarin, and Cantonese.
RICHARD M. WILNER – FOUNDING PARTNER
Richard M. Wilner is a founding member of Wilner & O’Reilly, APLC and is Board Certified by the State Bar of California as a Specialist in Immigration and Nationality Law. He is admitted to practice law in the State of California and before the U.S. District Courts for the Central, Northern and Southern Districts of California, the Northern District of Texas, the U.S. Court of Appeals for the Ninth Circuit and the U.S. Supreme Court.Mr. Wilner has received the coveted Martindale-Hubbell AV Rating, the highest legal and ethical rating that one can receive from one’s peers in the legal community. Similarly, he has been awarded the title of Super Lawyer from 2007 to the present. He is best known for his work in advising Fortune 500 companies, middle and small market businesses, entrepreneurs and foreign nationals of extraordinary ability in athletics, arts, and sciences in the complex area of U.S. Immigration and Nationality Law.
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