October visa bulletin released

[alefonck 16]

Hi,

I was confused upon seeing two tables, like you said there are now two tables.

So you mean the 2nd PD's those person fall in this category if it happen they are in US thru non immigrant visa can file to adjust status to become what? say she's on f2b?

What's an EAD/ AP card? Sorry i had many questions, im not familiar with many immigration rules.

If that' s so a lot of people will benefit from it, its like they giving pardons to be able to reunite with families. Am I right?

If their non immigrant visa status is still valid then they can adjust status without leaving the US. This is so they become permanent residents. When you file i-485 after around 90 days you get your EAD which means ''employment authorization document'' and AP means ''advance parole''. This all means the person filing will be able to work and/or travel before they finalize their permanent residence petition process.

[aaron2020 11,651]

For the AoS guys, the change doesn't say when the 485, EAD and AP applications will be adjudicated.

It's possible that the EAD and AP would not get permitted near or after the PD is current. Am I wrong about this point? Yes, you are wrong. People applying for AOS can apply and get the EAD/AP card within the same time as everyone else.

If the above is correct, the only benefit is the saving of filing and reviewing time, because now filing AoS is moved before PD is current.

I guess the main purpose of the change is to help them to estimate the visa demand more accurately. They won't discriminate applications via consular process and AoS process.

Please read the link that Hypnos provided.

Your assumption about "the EAD and AP would not get permitted near or after the PD is current" is incorrect.

[Rian Treasures 0]

Thats right. I should have clarified that butter. I-130 need not be approved but don't have to wait for a PD of April 2014 to apply for I485. This is only for people who legally entered the U.S and with a valid legal non immigrant visa.

Wonder if the same can be done for NVC.

ie: Let people pay IV/AOS fee and get the docs in and let NVC verify it and keep it ready. When the PD does become current all they have to do is set the Interview at the consulate.

[Rian Treasures 0]

Hi vkrishn,

I saw your signature timeline where you were initially issued a 10 year green card but you returned it because you felt it was the wrong one. N got issued a 2 year green card.

my questions,

what is the difference between the 10 year GC and 2 year GC.

What determines the number of year on the green card, an F2A immigrant is issued. Does this have to do with the length of one's marriage or how many years left for the petitioner to become US citizen.

Thanks.

[MarGil 2]

Im a bit confused, does this mean that with the new update is only appplicable to those who are currently in the USA?

My PD is Jan 2015 (F2A) and residing in the Philippines, does this mean I should submit an adjustment of status on Oct 1 2015?

Edited September 10, 2015 by MarGil

[franklinadamau 8]

Hi vkrishn,

I saw your signature timeline where you were initially issued a 10 year green card but you returned it because you felt it was the wrong one. N got issued a 2 year green card.

my questions,

what is the difference between the 10 year GC and 2 year GC.

What determines the number of year on the green card, an F2A immigrant is issued. Does this have to do with the length of one's marriage or how many years left for the petitioner to become US citizen.

Thanks.

At the port of entry to the US, if your marriage is less than 2 years old you'll be given a conditional green card which is valid for two years. When it's about to expire, you can then upgrade to the usual ten years green card by submitting an application and prove that your marriage is still valid.

However if as at the port of entry, your marriage is more than 2 years old you'll be given the ten years green card

[codycody 31]

Oh Man!

I hope that this happens earlier, my I-130 approved in 2013 so that I can apply for AOS in 2013 instead of waiting till June 2015 when my PD is current. I lost my job while while for EAD. This change is too late for me. Oh my god!

[Pragati Soni 4]

Hi All I am Getting more confused with this news for the new update.

Please can someone explain in simple manner the new policy update that you all are discussing.

My PD is Dec 30 2014. My wife is with me in the US on visitor visa and her return ticket to india is on Nov19th.

Thanks

Anand

[aaron2020 11,651]

Im a bit confused, does this mean that with the new update is only appplicable to those who are currently in the USA?

My PD is Jan 2015 (F2A) and residing in the Philippines, does this mean I should submit an adjustment of status on Oct 1 2015?

Hi,

AOS is only for those in the U.S.

You are in the Philippines. The second table means that you can file for an immigrant visa. You must wait for your PD to become current before a visa is available to you.

[aaron2020 11,651]

Hi All I am Getting more confused with this news for the new update.

Please can someone explain in simple manner the new policy update that you all are discussing.

My PD is Dec 30 2014. My wife is with me in the US on visitor visa and her return ticket to india is on Nov19th.

Thanks

Anand

Hi,

Starting on October 1, 2015, your wife can file to adjust status because she is legally in the U.S. and her PD without being current allows her to apply to adjust. She can apply for EAD and AP while waiting for her PD to become current so she can adjust for a green card. Once she has the EAD, she can work. Once she has the AP, she can leave the U.S. And come back to finish her adjustment.

This is fantastic news for you and your wife.

Best of luck

[kemal1010 1]

Hi,

Starting on October 1, 2015, your wife can file to adjust status because she is legally in the U.S. and her PD without being current allows her to apply to adjust. She can apply for EAD and AP while waiting for her PD to become current so she can adjust for a green card. Once she has the EAD, she can work. Once she has the AP, she can leave the U.S. And come back to finish her adjustment.

This is fantastic news for you and your wife.

Best of luck

I think it is still confusing. What if the beneficiary applied for a visitor or other non-immigrant visa while I-130 is pending, meaning the original I-130 was sent as a consular processing? Any thoughts?

[codycody 31]

I-130 supposes to be approved before you can submit i-485.

[aaron2020 11,651]

I think it is still confusing. What if the beneficiary applied for a visitor or other non-immigrant visa while I-130 is pending, meaning the original I-130 was sent as a consular processing? Any thoughts?

Once the I-130 is submitted, there is a PD.

If the person is in the U.S., then the person can AOS if allowed by the second table.

The problem is that it's immigration fraud to enter the U.S. with a visitor visa with the intent to immigrate. Since these are not IR of a US where immigrant intent after the POE does not matter, Matter of Battista and Matter of Cavazos may not/could not/ would not apply. We don't know yet until this gets litigated. Immigrant intent could be the downside for those that are not IR of a USC.

[Pragati Soni 4]

Hi,

Starting on October 1, 2015, your wife can file to adjust status because she is legally in the U.S. and her PD without being current allows her to apply to adjust. She can apply for EAD and AP while waiting for her PD to become current so she can adjust for a green card. Once she has the EAD, she can work. Once she has the AP, she can leave the U.S. And come back to finish her adjustment.

This is fantastic news for you and your wife.

Best of luck

Hi Aron,

Our I130 was transferred from Vermont to California. I only have the approval No1 which says PD is 30th Dec 2014.

Should I wait for approval NOa2 before filing i485 ? Anyhow I am planning to schedule a visit to USCIS as a walkin to address this question.

Thanks

Anand

[liborutgers12 0]

Please read the link that Hypnos provided.

Your assumption about "the EAD and AP would not get permitted near or after the PD is current" is incorrect.

The link provided by Hypnos is NOT official. Could you provide any official statement that support your certain claim?