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.

Related Topics:
1 Lawyer Answer

Gary D. Godman

Answered
  • Immigration Law Lawyer
  • 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!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.