Many MU clients are perplexed by the announced July 1 retrogression of the EB-2 visa category. In this blog post, we will address some common questions that we have seen. If you have additional ones that you would like to see addressed, please post your questions as a comment or ask the question on the MU Facebook page.
CAN I FILE MY I-485, ADJUSTMENT OF STATUS PRIOR TO JULY 1?
In most instances, yes. I-485, Adjustments of Status may be filed for EB-2 petitions prior to July 1. Please let us know if you wish to do so. Any I-140 that has been approved or is currently pending qualifies. Because of the inconsistent decision-making by USCIS for Eb-2 Masters-equivalent petitions, we may advise against it in any one case. We will be addressing this inconsistency in an upcoming blog posting.
HOW LONG WILL THIS RETROGRESSION LAST?
Our sense is that the retrogression will only last until October 1, 2009, at which point the new US fiscal year begins and more visas are allowed to be processed. What remains unknown is whether the retrogression will reappear in the fall of 2012. This will not be known until the Department of State assess just how great the demand is for EB-2 visas.
SHOULD I UPGRADE MY I-140 TO PREMIUM PROCESSING?
Probably not. An upgrade to premium processing is expensive ($1,225) and only guarantees that the USCIS will review your I-140 in 15 days, which takes us beyond the July 1 retrogression date.
CAN I FILE MY I-485 BUT NOT FILE MY SPOUSE/CHILDREN’S I-485?
Yes, these can be filed separately. Some applicants may want to just file their I-485 Adjustments of Status and then file their spouse/children’s I-485 Adjustments of Status at a later date. The spouse/children’s priority date must be current at the time that you desire to file their I-485.
Christopher T. Musillo is a partner at MusilloUnkenholt Immigration Law. He is a graduate of Villanova University, Villanova, Pennsylvania. When not zealously representing his clients, Chris enjoys outdoor sports, listening to music, traveling and reading.