USCIS Reverses Position on FB-2A: Will Use Final Action with “Current” Dates Allowing I-485 Filings

The two weeks since the release of the July 2019 Visa Bulletin have created much confusion with in the FB-2A category and especially with respect to which dates would USCIS use in determining who can file I-485 adjustment of status.

Initially, on June 14, USCIS indicated that for all family-based cases (including FB-2A), they will use the “Filing” dates.    However, on June 26, 2019, USCIS announced that they are reversing their position and they will accept I-485 filings for the FB-2A category as they have agreed to use the “Final Action” column for all countries which is “Current.”

FB-2A Current for All Countries – Time-sensitive Opportunity to File I-485 Adjustment of Status

This means that FB-2A applicants (spouses and children of permanent residents), especially those who are in the U.S. on valid status, should consider filing for I-485 Adjustment of Status as soon as possible in July or August in the event there is a cutoff date introduced in September or October.   Note that because the cutoff date is “Current”, it is possible to file a brand new FB-2A case where the I-130 immigrant petition and the I-485 adjustment of status are filed concurrently.    Similarly, it is possible to file a new I-485 based on a pending (or approved) I-130 petition.    Accordingly, this is an opportunity to file I-485 not only for existing but also for new FB-2A cases by permanent residents on behalf of spouse or children.

FB-2A applicants who are pursuing the NVC/Consular may still consider completing their applications so that the U.S. Consular sections can complete the interview and the immigrant visa approval process as soon as possible.

Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive) opportunity to file I-485 applications. We are also happy to provide a free quote for preparing and filing your I-485 application.