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).
STERN & CURRAY MOVES QUICKLY TO RESPOND TO JUNE 1, 2007 ADVANCEMENT OF PRIORITY DATES
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.
USCIS Extends Validity of Medical Exams
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.
Consular Offices Can Resume Accepting I-130 Immigrant Visa Petitions
Effective January 22, 2007, Embassies and Consular Offices abroad were told they may not accept the direct filing of I-130 petitions. That rule created a great deal of controversy and problems. Accordingly, effective March 21, 2007, the State Department has reversed that rule and Posts can now accept I-130s from American citizen petitions who are residing abroad.
This will assist many American citizens in bringing their spouses and children to the United States more quickly and efficiently.
For more information about family-based immigration, please visit our website.
Board of Immigration Appeals Clarifies Effective Date of Child Status Protection Act
In the case of Avila-Perez, the BIA has held that an individual who filed a visa petition which was approved before the August 6, 2002 effective date of CSPA can still be eligible for CSPA protection if the I-485 application for adjustment of status was filed after this date. This opens the protection of CSPA to a larger group of applicants which is a very positive development.