Month: August 2007

I know that all of the EB I-485 filers who filed in July pursuant to the July visa bulletin are anxiously awaiting news on their cases.  Our office has received Receipt Notices for cases filed through the end of June but none for July.  Nor have any filing fee checks for cases filed in July been processed by our bank as of today.

From this anecdotal evidence and from what other immigration lawyers are saying, it seems that the USCIS has not yet started processing current EB July Visa Bulletin cases that were filed in July.  If anyone has any news to the contrary, please let me know.

The following for general information only and is not legal advice. Please consult a qualified immigration lawyer to discuss your unique situation.

Once an I-485 – Application to Adjust Status has been filed an alien should proceed with caution before leaving the US. With the exception of certain H and L visa holders, prior to traveling abroad, an adjustment applicant must have applied for (using Form I-131), and been granted Advance Parole. This travel document is valid for up to one year and may permit multiple entries.

Caveats:

1. The alien must have been granted Advance Parole while in the US, if not (s)he will be deemed to have abandoned his or her adjustment application;

2. It is the alien’s responsibility to ascertain that (s)he is entitled to Advance Parole. If an alien is subject to the 3 or 10 year bars to reentry, was erroneously granted Advance Parole, and tries to reenter the US, the inadmissibility bars would still apply;

3. The alien must depart and return during the validity of the Advance Parole document and must be in the US while awaiting extension of Advance Parole.