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USCIS Announces F-2A I-130 Applicants Current in July 2019

On June 13, 2019, the U.S. Department of State posted its July 2019 Visa Bulletin. Notably, in the Final Action Date chart of the Visa Bulletin for family-sponsored preference cases (Chart A), the Visa Bulletin indicates that the family-based F2A preference category (spouses and children of permanent residents) will become current for all countries in July 2019.

However, the Dates for Filing chart of the July 2019 Visa Bulletin for family-sponsored visa applications (Chart B), indicates a priority date cut off of March 8, 2019, for the F2A preference category for all countries.

About a week after release of the Visa Bulletin, USCIS indicated on its website that for July 2019, all family-sponsored applicants seeking adjustment of status (AOS) must use the Dates for Filing chart (Chart B) of the July 2019 Visa Bulletin.

On June 26, 2019, USCIS further clarified that for family-sponsored filings for July 2019, applicants in the F2A category may file using the Final Action Dates chart in the July 2019 Visa Bulletin.

For all the other family-based preference categories, visa applicants must use the Dates for Filing chart in the July 2019 Visa Bulletin.

In effect, any petitioner or beneficiary in the F-2A classification (having already filed or close to filing an I-130) should consult with their attorney as soon as possible to determine whether: a) They should upgrade an already-pending I-130 in the F-2A classification; or b) they should concurrently file an I-130 and Adjustment of Status application, if otherwise eligible.

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