The Still Evolving Visa Bulletin Situation

14. Oct. 2015

The two-chart Visa Bulletin system recently introduced continues to go through disappointing and confusing changes that will likely chip away at the benefit the new system was meant to provide.

USCIS announced today that, approximately one week after DOS releases the Visa Bulletin each month, it will post an announcement on its website to inform adjustment of status applicants whether they can rely on the "Dates for Filing" chart in the Visa Bulletin to determine when they can file their I-485 applications.

Specifically, “beginning with the November 2015 Department of State (DOS) Visa Bulletin, if USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on that applicants may use the Dates for Filing Visa Applications chart.  Unless otherwise stated on our website, the Application Final Action Date chart will be used to determine when individuals may file their adjustment of status applications.”

Essentially, USCIS is asserting that it has the final say in terms of who is eligible to file their I-485 applications.

Stay tuned for more updates to this fluid situation …