12 Aug Spouses and Children of Green Card holders is Current for August 2020

By Atty. Chris Caday Lozano

The final action date for spouses and children of permanent resident under the Visa Bulletin for August 2020 is now current.  On the other hand, the filing date for immigrant visa in the August 2020, visa bulletin is for petitions filed before July 1, 2020.  Despite this difference, the USCIS determines that the beneficiary of F2A may file an adjustment of status if they are in the United States.  The F-2A category which represents the spouses and minor children of green card holder is now current which means any petition by green card holder in the U.S. can be adjudicated for I-485 adjustment of status on the condition that the beneficiary has a valid stay or a beneficiary of Sec. 245(i).  If the green card holder has yet to file an I-130 visa petition, the I-130 and the I-485 can be submitted simultaneously.

Beforehand, the family 2A category has been backlogged for several months, so this may be a once-in-a-lifetime opportunity. If you qualify to adjust status based on petition by a green card holder, you must file this month of August 2020, to qualify for the benefits. This packet should include an application for an Employment Authorization Document (EAD) and an Advance Parole (AP) international travel document.  Please note that filing fees will increase by October 2, 2020, so it is very important to file the adjustment as soon as possible.

Q.      What if the spouse and children of the Green Card holder are outside the US?

A.       If your spouse/children are abroad, and your I-130 for them has been approved, make sure that you submit all of the required paperwork to the National Visa Center immediately so that your spouse/children can be scheduled for their immigrant visa interview.

Q.      What if a Green Card holder is planning to get married and the spouse-to-be is in the U.S. in valid stay?

A.       If you are a green card holder you may want to get married and adjust the status of your spouse while the priority date is current.

Note:            This is not a legal advice.

SUCCESS STORIES

1.       For the month of July 2020, we received two approvals of Naturalization applications from USCIS.

2.       For the month of June 2020, we received approvals from USCIS two naturalization applications, two renewal of green card and one adjustment of status.

3.       For the month of May 2020, we received approvals from USCIS for three green card renewals, two adjustment of status, and one naturalization application.

4.       For the month of April 2020. we received approval of one adjustment of status, three removal of condition on residence and one renewal of green card.   

5.       For the month of March 2020, we received six Adjustment of Status and three Naturalization approvals from USCIS.

6.       For the month of February 2020, we received approvals from USCIS of five Adjustment of Status application and  three Naturalization application.

7.       For the month of January 2020, we received approvals from USCIS of five Adjustment of status applications,  three N-400 applications for naturalization and three fiancé visa application. 

8.       For the month of December 2019, we received four approvals of naturalization applications, five approvals of Adjustment of Status applications, two approvals of Petition to remove condition on residence, one renewal of green card approval and one green card application at the U.S. Embassy.  

9.       For the month of November 2019, we received approvals of one naturalization application, one renewal of green card, one Petition to remove condition on residence and one adjustment of status.        

10.     For the month of October 2019, we received five naturalization application approvals and two renewal of green card and one DACA approval.      

11.     For the month of September 2019, we received approval of two naturalization applications, one adjustment of status and one application to remove condition on residence. 

12.     For the month of August, 2019, we received approval from Immigration Court for a waiver of misrepresentation for a client who has committed marriage fraud.  We also received approval from USCIS of two naturalization applications and two fiancé visa petition.      

If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation. 

Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers.  He practices immigration law, bankruptcy and personal injury law since June 1999.  His contact phone is 1-877-456-9266, email: info@CCLlaw.net  Chris Caday Lozano is currently running as Councilmember for Hayward City Council for November 3, 2020 election.