NewsFlash! USCIS Clarifies F2A Category is “Current” in July27 Jun 2019
The USCIS has updated the Adjustment of Status Filing Charts from the Visa Bulletin webpage to clarify that the family-based, second preference “A” (FB2A) category is “current” under the July 2019 Visa Bulletin.
The July 2019 Visa Bulletin contains an extremely unusual entry in the FB2A category, which is for spouses and children of U.S. permanent residents. This category is designated as being current in the “final action” (FA) chart for all countries of chargeability, but has a cutoff date of March 8, 2019 in the “dates for filing” (DF) chart. This is unprecedented, as the DF date is virtually always as favorable, or more favorable than the cutoff date in the FA chart. More details on the DF and FA charts are available in the MurthyDotCom NewsBrief, Priority Dates: How Does the Visa Bulletin Work? (25.Mar.2019).
Earlier this month, the U.S. Citizenship and Immigration Services (USCIS) updated its website to state that, for July 2019, only the DF chart dates may be used for all family-based cases for purposes of filing an application for adjustment of status (form I-485). This seemed to indicate that, even though the category is current under the FA chart, an FB2A beneficiary in the United States would not be able to file an I-485 application unless the individual’s I-130 petition had a priority date of March 7, 2019 or earlier.
Fortunately, the USCIS has now updated its website to clarify that FB2A applicants may use the FA chart in July. This means that even concurrent filing of the I-130 and I-485 generally will be permitted in July for FB2A beneficiaries who are already in the United States in lawful status.
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