USCIS has clarified that the approval of Adjustment of Status applications (I-485) is contingent upon the applicant’s priority date being current at the time of adjudication. This policy affects all applicants, regardless of whether their I-140 has been approved or other prerequisites have been met.
Key Details:
- USCIS cannot approve I-485 applications if the priority date is not current according to the Final Action dates Visa Bulletin.
- Even if the priority date was current when the application was filed, retrogression at the time of adjudication will delay approval.
- Officers may review the case but will not approve it until a visa number is available.
- Employment-based green cards are subject to numerical caps by category and country, limiting approvals based on Department of State allocations.
This policy means that applicants must closely monitor the Visa Bulletin for updates on their priority dates to understand when their cases may be approved. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Kassidy Reidy