The Benefits of Adjustment of Status for Workers With “Current” Priority Dates
by Michael J. Gurfinkel

Recently, the U.S. State Department announced that the priority dates for all categories of workers (except unskilled workers) will be “current” in July 2007. This means that visas (or green cards) would be immediately available in July, enabling alien workers in the U.S. to apply for adjustment of status if eligible (i.e. they have an approved labor certification and are about to file an employer’s petition (Form I-140), or have already filed a Form I-140 which is still pending, and are not out of status, or they are covered by section 245(i) or (k)).

If you are under petition by an employer, and are eligible to now file for adjustment of status, I would strongly urge you to do so in July, before the priority dates may once again “retrogress” (or move backwards).

There are so many advantages to an alien if they are eligible to apply for adjustment of status, whether their priority date is current in the employment based categories, or even family based categories (such as adult child of citizen, spouse or children of immigrant, brothers and sister of U.S. citizen, etc.).

Some of the advantages of adjustment of status are:

• The ability to get a driver’s license
  
• The ability to obtain a social security number
  
• The ability to obtain work authorization, while waiting for your adjustment (green card) interview
  
  
• The ability of your children to go to college, and pay in-state tuition rates.
  
  
• If your labor certification (PERM) has been approved, (or you are a nurse or PT, who are considered “pre-certified”), you would be able to file both the employer’s petition (Form I-140) and the adjustment of status application (Form I-485) concurrently (at the same time), along with work authorization (Form I-765).
  
  
• If the person’s priority date was not yet current on their labor certification or PERM case, and they had already filed only the Form I-140, they could now file for adjustment of status and work authorization in July, even if the Form I-140 is still pending approval.
  
  
• Once you file for adjustment of status (while the priority date is “current”), should the priority date later “retrogress” in future months (before you adjust status), your ability to get a green card would once again be put on hold, but you would still be able to renew your work authorization each year, until you are finally able to adjust status.
  

However, please be aware that in order to file for adjustment of status, you have to either be “ in status” or, if you are out of status, you have to be eligible to adjust under section 245(k) (wherein you have not been out of status or violated your status for more than 180 days), or are eligible under section 245(i) (covered by a petition that was filed on or before January 14, 1998 OR covered by a petition that was filed between January 15, 1998 and April 30, 2001, and had been “physically present” in the U.S. on December 21, 2000).

As you can see, there are so many advantages to filing for adjustment of status while the priority date is current. But also be aware that even if you have a priority date that is current, there are still other requirements that must be met in order to be eligible for filing adjustment (i.e. in status, covered by section 245(k) or 245(i)). That is why it is important that if you may benefit from a current priority date, you immediately seek the guidance of a reputable attorney, who can analyze your situation and determine your eligibility for adjustment of status while the priority date for most workers is “current”. Hurry, as the priority date may once again retrogress.

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