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Carl Shusterman's Immigration Update

October Visa Bulletin - April Fools!

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September 25, 2015 will go down as a sad day in immigration history. The Federal Government, which had published the Visa Bulletin for October 2015 on September 9 which promised that thousands of persons who had been waiting in line for green cards for many years would be able to submit applications for adjustment of status starting on October 1st even though their priority dates were far from current, suddenly and without explanation, reneged on its promise.

What a cruel, delayed April Fools Joke to play on immigrants and their families!

Ever since the Government's September 9th announcement, many thousands of immigrants who qualified for benefits have rushed to see their immigration attorneys, completed forms, paid for medical examinations and got ready to submit applications for adjustment of status, employment authorization and advance parole... but all in vain.

On September 25, just a few days before the implementation of the October Visa Bulletin, the Government issued an "updated" October Visa Bulletin. In the revised bulletin, the following filing dates that had been announced by the Government earlier in September were retrogressed as follows:

  • EB-2 India: from 7/1/2011 to 7/1/2009 (2 years)
  • EB-2 China: from 5/1/2014 to 1/1/2013 (1 year and 5 months)
  • EB-3 Philippines: from 1/1/2015 to 1/1/2010 (5 years)
  • FB-1 Mexico: from 7/1/1995 to 4/1/1995 (3 months)
  • FB-3 Mexico: from 10/1/1996 to 5/1/1995 (1 year and 5 months)

Immigrants who relied on the October Visa Bulletin issued on September 9 are shocked and disappointed by the Government's decision to change the rules of the game just two weeks later. Did the revised Visa Bulletin result from a conflict between the State Department and the USCIS? Possibly, but let's not speculate about this. We promise to keep you updated as we learn more.

Immigrants, their employers and their attorneys need to ban together to express our disapproval.

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Updated 09-28-2015 at 11:38 AM by CShusterman

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