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Can I start the process of adjustment of status?

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  • Can I start the process of adjustment of status?

    Hello,
    I am petitioning for my husband. He is here in the U.S. His priority date is Jan 19, 2016. Now we are waiting to apply for adjustment of status. My question is, based on chart B, can we apply now? Or do we have to wait until the Final Action Dates (chart A) becomes current.
    Any input would be appreciated.

  • #2
    What category is he in? (i.e. are you a citizen or permanent resident?) I'll assume you are a permanent resident and he's in F2A because spouses of citizens are in the Immediate Relative category with no wait or charts.

    You are looking at the two Department of State charts. But for AOS filing purposes, you should be looking at USCIS's single chart here instead. Each month USCIS chooses one of the two Department of State charts to use as its chart. For the first few months of the fiscal year (fiscal years start in October), they use the Date for Filing chart, and for the last few months of the fiscal year, they use the Final Action Date chart. Right now is October; they are using the Date for Filing chart, and F2A with priority dates before Nov 1 2016 can file.

    This is my personal opinion and is not to be construed as legal advice.

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