Petersburg, VA asked in Immigration Law for Virginia

Q: Please, I have a question about USCIS bulletin for October 2017

Please, I have filed I-130 for my wife who resides in the USA with me. She is in legal status now and would like to adjust her status. I am a permanent resident and upon check the USCIS site (https://www.uscis.gov/visabulletininfo) for the month of October Adjustment of Status Bulletin, the USCIS stated that "For Family-Sponsored Filings:

You must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2017"

Does it mean, although maybe her green card is not available yet, can we submit her adjustment of status documents to the USCIS for the month of October 2017 so she can get some benefit like work authorization whiles we wait for her green card to be available. Or we should not submit the adjustment of document yet since the final action date on USCIS site October 2015. Please, you can advice me on this.

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1 Lawyer Answer
Gary D. Godman
Gary D. Godman
Answered
  • Stafford, VA
  • Licensed in Virginia

A: While you have filed the I-130, it doesn't sound like you've received an approval. You will have to wait for the approval, then match it to the dates in the second chart of the visa bulletin to see when she is eligible to file the forms to adjust status to that of a permanent resident.

Please consider consulting with an immigration attorney to prepare the adjustment packet, as you want to be certain that it is done correctly.

Good luck!

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