Visa Bulletin for October 2020: Many people now have more options!
By Dev Banad Viswanath, an attorney
The immigration industry is experiencing significant shifts during the month of October. The new fiscal year begins on October 1 and gives the US government time to reevaluate visa availability.
As of September 30th, any immigrant visas that have been used up expire, and new visa numbers become available. The Department of State, which is in charge of reviewing and determining the availability of visas each month, then conducts an evaluation in conjunction with the Department of Homeland Security and the Department of Justice to provide an assessment of the visa outlook for the upcoming fiscal year.
October is the focus of this development, which is then adjusted throughout the year to accommodate grant applications and Immigrant Visa and Lawful Resident grants. The results of the long-awaited visa bulletin for October 2020 have been published by the Department of State, and they are fascinating.
The following dates must be met in order to obtain a green card in the family-based sector:
As can be seen from the preceding, spouses and minor children (under 21) of green card holders (Lawful Permanent Residents) can also file for and be granted lawful residence status in the month of October. Family-sponsored All Chargeability Areas Except that Listed CHINA-mainland. You can file I-130 and I-485 simultaneously if you are a spouse, child, or stepchild of a Green Card holder living in the United States, or you can file I-485 immediately if you have a pending I-130. For Lawful Residents who wish to file for their family, this is a significant victory and an exciting movement.
Something even more significant has occurred in the Employment-Based Categories. First, the Visa Bulletin reveals that the Final Action Dates for nearly all Employment Based Categories, excluding India and China, will be current. This means that people with EB-1, EB-2, EB-3, EB-4, or EB-5 (non-regional centers) can apply for green cards in October or file concurrent I-140 and I-485 applications right away. The inability to grant lawful residents in October for EB-4 Religious Workers and EB-5 with a Regional Center is one issue.
In addition, the numbers in the filing dates category, which USCIS has stated it will allow individuals to use for Adjustment of Status purposes, are intriguing:
All chargeability areas, with the exception of those listed, are employment-based. If you want to file or take advantage of the dates above, you should get in touch with an experienced immigration attorney as soon as possible.
