In response to Ms. Yang's letter, I would like to make a legal clarification. The VisaScreen certificate is not required upon filing. The VisaScreen is not required until a USCIS I-485 adjudications officer gets to reviewing the I-485 and issues an RFE for the VisaScreen certificate (for 2 reasons): 1. USCIS does not take the position that the VisaScreen is required at the time of filing an I-485 (See USCIS Headquarters Response to Issues Raised by AILA at the AILA/USCIS Benefits Liaison Meeting on October 1, 2003 - Q&A # 46. Visa Screening, posted on AILA InfoNet at Doc. No. 03112547 (Nov. 25, 2003)). 2. "At the time of adjustment of status" means exactly that: at the time your status is being adjusted to a legal permanent resident, not when you file your application for US legal permanent residence.
Randall Caudle, Esq.
Immediate Past Chair, AILA National Health Care Professional Committee
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