New Rule Will Allow Thousands to File I-485s

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September 10, 2015


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New Rule Will Allow Thousands to File I-485s in October



Thanks to President Obama, a new rule will take effect on October 1, 2015 which will allow thousands of immigrants with backed-up priority dates in the employment-based and family-based categories to apply for adjustment of status (as well as for EADs and Advance Paroles) even though their priority dates are not yet current.



And not only the principal immigrant but their spouses and children will be able to apply for these benefits.



This is, without a doubt, the most positive executive action to benefit the legal immigration system that I have seen in the 40 years that I have been practicing immigration law!



To show how this works, here is an example:.



Teresa, a registered nurse, is the wife of an H-1B professional whose employer has yet to sponsor him for permanent residence. That means that Teresa is unable to take advantage of the new rule which allows certain H-4 spouses to apply for EADs.


 
 


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New Rule Will Allow Thousands to File I-485s in October



However, a hospital submitted an I-140 visa petition for Teresa in December 2014. Unfortunately for Teresa, the EB-3 category for Filipino professionals has retrogressed more than 8 years. So, she will not be able to apply for a green card until the year 2023, right?



Wrong! Under the new Obama policy, any Filipino with an EB-3 priority date before January 1, 2015 will be able to apply for adjustment of status starting on October 1, 2015. See the October Visa Bulletin: Dates of Filing for Employment-Based Visa Applications. Teresa and her husband (and any children born abroad who are living lawfully in the U.S.) can submit their applications for adjustment of status (I-485 packets) in October 2015 and obtain their EADs and APs within 90 days.



This rule applies whether the I-140 is approved or is still pending. So waiting past October for the I-140 to be approved is not a good idea. Filing dates, like priority dates, often retrogress.



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Law Offices of Carl Shusterman
600 Wilshire Boulevard, Suite 1550
Los Angeles, CA, 90017
Phone: (213) 623-4592, Ext. 0
Fax: (213) 623-3720


 
 


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Disclaimer: This newsletter is not intended to establish an attorney-client relationship. All information contained in this newsletter is generalized. Any reliance on information contained herein is taken at your own risk.


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