Immigration Attorney - Green Card Application

The Fastest Way to File Your Green Card Application

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It’s no secret that the green card process is long. Many applicants spend years waiting to file their adjustment of status (I-485) application. However, there is a faster way to file that many applicants don’t know about. It can give you a work permit and a social security number while you wait for your green card.

This process is only for applicants who are eligible to file from within the United States through the “adjustment of status” process (Form I-485). Applicants who are required to leave the U.S. to attend a visa interview at a U.S. embassy or consulate abroad, unfortunately, do not qualify.

Why Filing Earlier Matters

When you file for residency, by virtue of having a pending I-485 application, you automatically qualify to have a work permit. A work permit gives you a social security number. With both of these documents, you can really start a life in the United States.

How To File Your I-485 Early

The trick to this process is all about when to file your I-485. It is for applicants who have already filed the immigration petition (Form I-130) and are waiting in line for their visa to become current.

Knowing when your visa is current requires you to check the U.S. Department of State’s Visa Bulletin. Below is the visa bulletin for October 2018. Note that there are two separate charts. Chart-A is the “Final Action Dates for Family-Sponsored Preference Cases” and Chart-B is the “Dates for Filing Family-Sponsored Visa Applications.” Most people only look at Chart-A, but if you can file according to Chart-B’s dates, you will get the benefits of a pending I-485 application sooner. 

The USCIS determines every month which chart you are allowed to file under, depending on the number of visas that are available for that filing year. While Chart-A indicates the actual date your visa is current, Chart-B often indicates an earlier date on which you are allowed to file. Find out if you can file under Chart-B by checking the USCIS website

Here’s an example. Let's pretend that I'm a U.S. permanent resident married to someone from Mexico, and I petitioned for him today. First, I would look under the visa category “F2A,” because I'm a resident married and I'm petitioning for my spouse. Second, I would look under “Mexico.” Looking at the first chart, the date is August 1, 2016. Going by this chart, we’d have to wait about two years before we could file the I-485 application. But, if you look at the second chart, the date is December 1, 2017. That’s only a 14 month wait until we can file the I-485. That’s a lot sooner and after we file my husband will be able to legally work in the United States and get a social security number.

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

     A. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

     B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

A.  FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

Family-
Sponsored
All Chargeability
Areas Except
Those Listed

CHINA-mainland
born

INDIA
MEXICO
​PHILIPPINES
F1

01JUN11

01JUN11

01JUN11

01AUG97

22DEC06

F2A

22AUG16

22AUG16

22AUG16

01AUG16

22AUG16

F2B

22NOV11

22NOV11

22NOV11

15MAY97

15MAY07

F3

15JUN06

15JUN06

15JUN06

22DEC95

08JUN95

F4

15FEB05

15FEB05

01MAY04

22JAN98

08JUN95

B.  DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

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

22JUN97

F3

08JAN07

08JAN07

08JAN07

22DEC98

01JUN97

F4

01JUN05

01JUN05

01MAY04

22JUN98

08APR96

Immigration Help: When to File Your I-485 Adjustment of Status Application

If you have any questions about when to file your adjustment of status application, I'd be happy to help. I’m a dedicated and passionate immigration attorney, fluent in English and Spanish, located in the Los Angeles area. Call (310) 803-3040 or visit https://abaudlegal.com/appointment/ to schedule an appointment.

Sharon Abaud is truly a rare find. Work with her if you can. 🙂

Sharon is compassionate, knowledgeable, personable, and professional. Work with her if you can. 🙂 Having her on our team has made my husband and I feel at ease during the immigration process and excited about our next chapter. Her guidance has been a huge gift in our lives and we are so grateful!

Sharon Abaud is truly a rare find. Work with her if you can. 🙂

Britt H. , Los Angeles, CA

About the Author Sharon Abaud, Esq.

If you have any questions about your Immigration Status, I'd be happy to help. I’m a dedicated and passionate immigration attorney, fluent in English and Spanish, located in the Los Angeles area. Your immigration case matters to me.

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