Family based immigration

In the early morning of July 2, the U.S. State Department indicated that it had received sufficient applications to distribute all of the remaining visa numbers for Fiscal Year 2007, and that the July Visa Bulletin would be amended accordingly. USCIS responded by indicating that all adjustment of status applications that will be filed in July pursuant to the Visa Bulletin will be rejected and returned to the applicant. In essence, not a single application for adjustment of status will be accepted in the month of July.

The joint announcements proved to be a crushing blow to permanent resident applicants who hoped to file for adjustment of status in the month of July. Even if the numbers had retrogressed in August, allowing applicants to file for adjustment of status in July would have provided many benefits. Adjustment applicants can obtain employment authorization and advance parole for themselves and their families, and are eligible for adjustment portability.

Our firm has started a letter-writing campaign to inform our elected officials in Washington about our displeasure with these actions. We encourage employers and permanent resident applicants to send emails and letters, or make phone calls, to their elected officials to register their feelings on this subject.

More and more District Courts are ruling in favor of plaintiffs who sue to have their long-delayed I-485 application for adjustment of status adjudicated. The U.S. District Court for the Northern District of California granted an adjustment Mandamus action on April 25, 2007. Our office has filed a number of Mandamus actions, and we have achieved some favorable results. Individuals with long-standing adjustment applications should consider the possibility of filing a Mandamus action (which is not appropriate in every case).

Our law firm has moved quickly to respond to the substantial advancement in priority dates effective June 1st. Our firm has scheduled “choice appointments” with individuals whose priority dates will be current as of June 1st in order to ensure that applications for adjustment of status can be filed during the month of June in case there is a retrogression in visa numbers. Current clients of Stern & Curray who will have current priority dates in June, or other individuals who would like our assistance in preparing their applications for adjustment of status, should contact our office if they have not yet scheduled a choice appointment.

Generally speaking, a medical examination submitted in connection with an application for adjustment of status is valid for one year. Due to visa backlogs and expanded processing times, many adjustment of status applications are not adjudicated within one year of filing. In January of 2006, USCIS extended the validity of medical exams until January 1, 2007. Due to the continuing backlog of some adjustment of status cases, USCIS has extended the validity of all filed medical exams until January 1, 2008. In other words, medical exams will remain valid until the adjustment of status application is adjudicated or until January 1, 2008. There is an excellent possibility that this deadline will be extended again the future.