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Bloggings: July 19, 2007

by Greg Siskind, Esq.

FAQs (part 3)

Again, please let me know if you have suggestions for changes or spot problems.

Once all the numbers are used up, will I be able to get employment authorization document advance parole document?

Yes. Once you have filed an adjustment of status petition, even if numbers retrogress and visa numbers are no longer available you'll still be able to receive the benefits of an adjustment application including pursuing a work authorization document in a travel document.

What labor certification is improved after July 31? Why still be a profile for just status before August 17th? 


I'm unable to apply for our adjust status before August 17, when is it likely that I will be able to file again?

It's very difficult to say because we do not know how many applications are going to be received. We also don't know what future demand for green cards will be. And we do not know whether future legislative changes will ease the situation. We think it is very likely, however, that lines for green cards in the second and third preference categories will be backlogged for a considerable time.

What if I'm not able to get my medical exam processed?

A recent USCIS memorandum stated that medical exams must be included with an adjustment of status application. So you should do everything you can to get an appointment. There are some who believe that USCIS issued this memorandum and order to reduce the number of applications that would be received under the July Visa Bulletin. However, there are no indications that USCIS policy will change. 

I filed my adjustment of status application several months ago and am waiting for approval. Will this turn of events affect when I should receive my green card approval?

That is a difficult question to answer because USCIS is not released information about the cases and was able to successfully complete for processing. What is likely however is that you will be ahead of all of the people that are filing under the July Visa bulletin new numbers become available in October you should be in a better position.


My spouse is currently out of the US working abroad. If I apply for adjustment of status under the July Visa Bulletin, and I later bring my spouse and to join me one visa numbers or unavailable? 

Unfortunately, your spouse could be waiting a very long time outside the country if you do not apply to adjust status for your spouse while visa numbers are current. During previous periods when visa numbers retrogressed, spouses outside the US found themselves stuck unable to join their husbands and wives in the United States.