Well, first we had great news about the creation of a system for pre-filing applications for lawful permanent residence that meant many people would suddenly become eligible to begin their application process earlier than expected – you can read the our first blog about the October Visa Bulletin here.
Within a few days there was a change:
The immigration community was informed that the new October visa bulletin would be rescinded and changed. For many visa categories, that meant a much longer wait until an applicant is eligible to pre-file an application and get a work permit.
To further add to the confusion:
The newest information from the Department of State is that “Beginning with the November 2015 Department of State (DOS) Visa Bulletin, if USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on www.uscis.gov/visabulletininfo that applicants may use the Dates for Filing Visa Applications chart. Unless otherwise stated on our website, the Application Final Action Date chart will be used to determine when individuals may file their adjustment of status applications.”
What does this mean if you were anxiously watching the dates for pre-filing?
That you must double check to make sure you are allowed to use that chart, since it may be meaningless, depending on the backlog.
Bottom line, applicants would be well served to check their eligibility to pre-file with your attorney before you are out the money for filing fees. And if you need more information or an attorney to help with your permanent residence, contact us.
At Antonini & Cohen, we have been providing energetic, effective and aggressive representation in all areas of American immigration law since 1991.