When to File Adjustment of Status Applications

U.S. Citizenship and Immigration Services has posted information regarding when to file your adjustment of status application for family-sponsored or employment-based preference visas for February 2019. If you want to adjust your status, the information included in the charts in this article will help you decide when to file your application.

How to Use the Charts

1. Determine which chart you need to use, either the "Dates for Filing for Family-Sponsored Adjustment of Status Applications" chart or the "Final Action Dates for Employment-Based Adjustment of Status Applications" chart
2. Find your visa type in the first column
3. Use that row and move to the right to find the date that corresponds with the country you were born in
4. If you see a "C" for current or if your priority date is earlier than the date on the chart you can file your application.
5. If you see a "U," that means that type of visa is currently unauthorized.

What is my Priority Date?

Your priority date is the date your employer or relative filed the immigrant visa petition on your behalf. Or, if a labor certification is needed with your immigrant visa petition, it is the date the labor certification application was accepted by the Department of Labor.

Why are Some Visas Unauthorized?

I5 and R5 visas are not being issued at this time due to the scheduled expiration of these categories. EB-4 SR visas, for religious workers, are also not being authorized. They are currently unavailable and will remain so until Congress reauthorizes them, but because of the current government shutdown this may take some time. If these categories are reauthorized, I5, R5, and EB-4 SR visas will become current for most countries.

What Factors Determine Visa Availability?

USCIS takes into consideration a multitude of factors when determining visa availability. If the supply of visas is greater than the demand for those visas, visas will be unavailable until supply decreases or demand increases. To determine availability, USCIS compares the number of visas available for the rest of the fiscal year with three main statistics:

1. The number of qualified visa applications reported by the Department of State
2. The number of pending adjustment of status applications reported by USCIS
3. The historical drop of rate of applicants for adjustment of status. This means, for example, denials, withdrawals, and abandonments.

For More Information

Read the February 2019 Visa Bulletin here and read our post about it here.

This blog post does not serve as legal advice and does not establish any client-attorney privilege. Do not take any action based on the information contained in this post without consulting a qualified immigration attorney. If you have any questions, please do not hesitate to contact our legal team directly.

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