The State Department’s August Visa Bulletin has provided a boost for spouses of lawful permanent residents by advancing the F2A final action date. For most countries, the date has shifted from January 1, 2025, to July 22, 2026, marking an advance of approximately 18 months. For spouses from Mexico, the date has changed from January 1, 2024, to July 22, 2025. F2A refers to the family-sponsored green card category for spouses and unmarried children under 21 of lawful permanent residents.
This change comes ahead of a policy shift set for September 18. The Department of Homeland Security (DHS) plans to rescind the 2022 regulatory framework and authorize broader discretion for officers determining if an applicant may become a public charge. U.S. Citizenship and Immigration Services (USCIS), under DHS, will implement a new Form I-485 application for those seeking permanent residence from within the U.S. Any applications using older forms submitted on or after September 18 will be rejected.
Immigration attorneys view the F2A advancement as an opportunity for more spouses of green card holders to apply, potentially accelerating the approval process for many. However, approval depends on individual circumstances and the possibility of dates moving backward.
Charles H. Kuck, of Kuck and Baxter Immigration, noted that this kind of movement is not uncommon and could allow more couples to adjust their status within the U.S., avoiding processing through consulates abroad.
USCIS stated that during August, family-sponsored applicants can rely on the more favorable Dates for Filing chart. This lists F2A as current, enabling eligible applicants to submit Form I-485 regardless of their priority date. Approval, however, depends on having a priority date earlier than the final action date.
Filing an adjustment application can grant interim benefits, such as employment authorization, during pending cases. Attorney Saja Raoof noted that despite advancements, potential processing backlogs might delay decisions.
The State Department attributed the movement to decreased immigrant visa issuance rates amid previous administration actions. Without additional demand or policy changes, retrogression might be necessary.
Spouses of lawful permanent residents must be particularly aware of these shifts since they do not benefit from all procedural allowances given to U.S. citizens’ spouses. The approaching public charge change further complicates the decision of when to file.
Under federal law, a visa or status adjustment may be denied if the applicant is likely to become a public charge. The DHS’s new rule removes prior restrictions, allowing a broader assessment of factors including age, health, family status, assets, financial standing, education, and skills.
This rule does not exclusively target marriage-based applications but generally applies, requiring a Form I-864 affidavit of support from the sponsoring spouse. Kuck predicts increased scrutiny of the petitioner’s financial status, especially concerning younger couples.
The new Form I-485 will be necessary for applications postmarked or submitted electronically from September 18. The current form on USCIS’s site is dated January 20, 2025, suggesting applicants confirm they have the most recent version before filing.
- Attorneys recommend filing before the new framework takes effect, advising against rushed applications.
- Loren Locke advises filing under the current norms rather than confronting the new rule’s complexities.
- Couples should consider lawful status, any unauthorized employment, immigration violations, and evidence availability when deciding to file.
The August Visa Bulletin offers an opportunity for some spouses of lawful permanent residents to progress with green card applications. However, future Visa Bulletin shifts and the new public-charge framework’s application could influence this window’s duration.
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