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Greg Siskind on Immigration Law and Policy

DOES IT MEAN WHAT YOU THINK IT MEANS?

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So the State Department issued this advisory on visa availability. But does this mean that adjustments based on the July Visa Bulletin issued last month cannot be filed?



While DOS has said no numbers remain available for FY 2007, they did not say that the July Visa Bulletin was revoked or even revised. Some are already reading the statement to mean that the July Visa Bulletin still controls and that adjustment applications can still be filed. And USCIS regulations mandate that USCIS accept applications if the Visa Bulletin shows an application as being current to file.



So where does this leave you? Given the likelihood of litigation where failing to file may mean you cannot take advantage of a later settlement or court order and given the interpretation above, NOT filing could be a lot more problematic than filing. Talk to your lawyer, but I would strongly encourage people to not stop getting their cases ready to file at this point.

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  1. Promethean's Avatar
    Actually, the latest press release from USCIS indicates that they will no longer accept 485 applications.

    http://www.uscis.gov/files/pressrelease/VisaBulletin2Jul07.pdf
  2. Anamika's Avatar
    From a general perusal, most lawyers seem to be advising filing 1-485's in order to benefit later from lawsuit resolution, if any. However, what about consular process applicants? We can't "file" anything for future benefit, right?
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