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More People Can File Their Green Card Applications in October 2018: USCIS to Accept I-485 Applications for Employment-Based and Family-Based Categories Based on the Dates for Filing Charts

In October 2018, more individuals will be eligible to file their green card applications than before. The U.S. Citizenship & Immigration Services (USCIS) has announced that for the month of October 2018, it will accept I-485 adjustment of status (i.e. green card) applications for both employment-based and family-based categories based on the Dates for Filing Charts.

For decades, an individual had to wait for his or her priority date to become current before filing the green card application. In October 2015, the USCIS, in collaboration with the U.S. Department of State (DOS), added an earlier date that allowed an individual to file for their green card application, before their priority date became current. This was done to “more accurately predict overall immigrant visa demand” and “ensure that the maximum number of immigrant visas are issued annually as intended by Congress.” A by-product of the new procedure allowed these green card applicants to become eligible for an Employment Authorization Document (EAD) card and Advance Parole (AP) travel authorization earlier than before. Since October 2015, however, the USCIS had never allowed individuals in employment-based categories to benefit from the earlier Dates for Filing charts. October 2018 will be the first time employment-based applicants can finally benefit from this new procedure.

During October 2018, USCIS will accept green card applications for employment-based and family-based applicants based on the following Dates for Filing (based on the individual’s priority date):

 Family-
Sponsored
 All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO PHILIPPINES
F1 08MAR12 08MAR12 08MAR12 08OCT98 15FEB08
F2A 01DEC17 01DEC17 01DEC17 01DEC17 01DEC17
F2B 22MAR14 22MAR14 22MAR14 22JUN97 15DEC07
F3 08JAN07 08JAN07 08JAN07 22DECT98 01JUN97
F4 01JUN05 01JUN05 01JAN05 22JUN98 08APR96
Employment-Based All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
El SALVADOR
GUATEMALA
HONDURAS
INDIA MEXICO PHILIPPINES
1st 01JUN18 01OCT17 01JUN18 01OCT17 01JUN18 01JUN18
2nd C 15JUN15 C 22MAY09 C C
3rd C 08AUG15 C 01OCT09 C 01JUL17
Other Workers C 01JUN08 C 01OCT09 C 01JUL17
4th C C 01MAY16 C C C
Certain Religious Workers C C 01MAY16 C C C
5th
Non-Regional
Center
(C5 and T5)
C 01OCT14 C C C C
5th
Regional
Center
(I5 and R5)
C 01OCT14 C C C C

Please contact an attorney at Minsky, McCormick & Hallagan, P.C. if you need assistance to file your green card application in October based on this announcement.

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