It’s not a rumor. It is certainly true.

The USCIS has updated the Visa Bulletin Information Webpage  and Adjustment of Status Filing Charts to clarify that the family-based, second preference F2A category (Spouses and Children of US Permanent Residents) is current as advised in the July 2019 Visa Bulletin.

The USCIS had sent the F2A world into a flurry of confusion by posting on its website that the “Dates of Filing” Chart dates must be used for all Adjustment of Status cases (Form I-485) for July 2019 even though the “Final Action” Chart showed that the category was current. This would have meant that an F2A beneficiary would not have been able to file for Adjustment of Status unless their Petition for Alien Relative (Form I-130) was filed on or before March 7, 2019—thereby rendering the current category useless if the beneficiary was in the US.

We are happy to report, however, that the USCIS updated their guidance and stated that F2A applicants may use the Final Action chart for July 2019 to determine whether they may file for Adjustment of Status.

If you are the spouse of a lawful permanent resident, or a child under 21 years of age of a permanent resident who does not yet have a visa petition filed, you should submit your visa petition as soon as possible during the month of July 2019, in order to be able to take advantage of the current priority date for F2A and apply for a visa immediately. We do not know yet whether the category will remain current after July 31, 2019, so it is crucial to apply as soon as possible whether the Beneficiary is in the US or abroad. Even if the F2A category is no longer current after July, by filing the I-130 and I-485 package concurrently in July, you will be eligible to receive work authorization while your application remains pending if the beneficiary is already in the US in a lawful status. This will allow you to work legally in the United States until your application for Adjustment of Atatus is adjudicated.

Over the years we at Khunkhun Law have helped countless individuals obtain and keep their Green Cards. Retaining one of our attorneys will ensure that your case is in the right hands, as we offer a customized approach to each case.

Contact us if you need help with your family based Green Card case. You can call us, email us at info@khunkhunlaw.com or review other options to get in touch with us for an immigration consultation.