Joseph Caraccio

How Petition to Bring a Family Member to the U.S.

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As a citizen of the United States, you may help a relative become a lawful permanent resident of the United States by obtaining what is often referred to as a “Green Card.” To do so, you need to sponsor your relative and be able to prove that you have enough income or assets to support your relative(s) when they come to the United States. You begin the process by filing Form I-130, Petition for Alien Relative. This form establishes the family relationship that exists between you and your relative. Filing instructions and forms are available on our Web site at www.uscis.gov. Sometimes the I-130 can be filed together with an application for permanent residence (Form I-485, Application to Register Permanent Residence or Adjust Status). This is discussed below. Which relatives may I petition for?A U.S. citizen can file a petition for the following relatives: A U.S. citizen who is at least 21 years or older may also petition for the following relatives: What does the petition do for my relative?Filing a Form I-130 and proving a qualifying relationship gives your relative a place in line with others waiting to immigrate from the same country or region based on the same type of relationship. When your relative reaches the front of the line, he or she may be eligible to immigrate after passing the required background checks and meeting requirements for admission. For example: You file a petition for your unmarried son over 21 years of age. If we approve it, your petition gives him a place in line with people from the same country category who are also unmarried sons or daughters over the age of 21 of U.S. citizens. What about my relative’s family?In most cases, when your relative reaches the front of the line, your relative’s spouse and unmarried children under 21 years of age can join him or her by also applying for an immigrant visa. (If the family member is already in the United States, he or she may be able to file a Form I-485 application to adjust status based on the relative’s approved visa petition.) For example: You file a petition for your married daughter. You cannot directly petition for her husband and children. However, when your daughter’s place in line allows her to apply for a Green Card, her husband and children can apply for immigrant visas at the same time with your daughter. As a U.S. citizen, you must file a separate petition for each one of your direct relatives, including your own children. For example: To sponsor your mother and father, file a separate petition for each. If they have other children—your brothers and sisters—file a separate petition for each of them. Visas are immediately available for mothers and fathers of U.S. citizens, but visas are not immediately available for brothers and sisters of U.S. citizens; therefore, they will have to wait for visa availability. For example: You marry someone with a child. The child will usually qualify as your stepchild if he or she was unmarried and under 18 years of age at the time of your marriage. In this example, you are required to file two petitions: one petition for your wife and another for the child. After I file, how long will it take before my relative can immigrate?The law gives special consideration to immediate relatives of U.S. citizens, which includes a U.S. citizen’s spouse, unmarried children under 21 years of age, and parents. For other relatives, the combination of high demand and the limits set by law on how many people can immigrate each year means your relative may have to wait several years in line while petitions that were filed before theirs are processed. When your relative reaches the front of the line, the U.S. Department of State contacts your relative and invites him or her to apply for an immigrant visa. Current wait times for visa categories are available under “Visa Bulletins” on the State Department’s Web site at www.travel.state.gov/visa. Can my relative wait in the United States until becoming a permanent resident? No. If your relative is outside the United States, filing an I-130 does not allow your relative to live or work in the United States. An I-130 petition only establishes your relationship with your relative. Your relative should wait outside the United States to immigrate legally. If your husband or wife, unmarried child under 21 years, or parent is already in the United States after having entered legally, they can apply to adjust their status to permanent resident at the same time you file their I-130 petition. Does filing a relative petition commit me to anything?Yes. Under the law, each person who immigrates based on a relative’s petition must have a financial sponsor. If you choose to sponsor your relative’s immigration by filing a relative petition (I-130), when the time comes for your relative to immigrate, you must agree to be his or her financial sponsor by filing Form I-864, Affidavit of Support. If you do not meet the financial qualifications, other individuals will then need to make this commitment. For more information, please see Guide to Form I-864A. How Do I Financially Sponsor Someone Who Wants to Immigrate? It is part of the process of petitioning for someone. Read about the Form I-864A to learn more about affidavits of support and financial support. How do I file?There are two basic ways to legally assist your relatives to immigrate into the United States: 2. If your relatives are already in the United States and entered legally, then they may be able to file an I-485 application to adjust their status to lawful permanent resident at the same time as you file the I-130 relative petition. Petitions filed at the same time with permanent residence applications (I-485) must be filed at a location that is different from where you would file an I-130 petition by itself. Please read the instructions for the two addresses where concurrent filings can be mailed. What happens … Read more

How to Use a Taxpayer Identification Number

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INDIVIDUAL TAX IDENTIFICATION NUMBER (ITIN or TIN) HOW TO FILE TAXES IF YOU ARE AN IMMIGRANT AND DO NOT HAVE A SOCIAL SECURITY NUMBER. WHAT IS AN TIN? An Individual Taxpayer Identification Number (ITIN or a TIN) is a tax processing number issued by the U.S. Internal Revenue Service (IRS). A TIN consists of nine digits, beginning with the number nine (i.e., 9XX-XX-XXXX). Since 1996, the IRS has issued ITINs to taxpayers and their dependents who are not eligible to obtain a Social Security number (SSN). WHY DOES THE IRS ISSUE TINS? All wage earners—regardless of their immigration status—are required to pay federal taxes. The IRS provides TINs to people who are ineligible for an SSN so that they can comply with tax laws. WHO USES A TIN? Taxpayers who file their tax return with a TIN include undocumented immigrants and their dependents as well as some people who are lawfully present in the U.S., such as certain survivors of domestic violence, Cuban and Haitian entrants, student visa–holders, and certain spouses and children of individuals with employment visas. As of January 2021, the IRS reported that there were 5.4 million active TINS Once a person who has been issued a TIN is eligible to apply for an SSN, the person may no longer use the TIN. WHAT IS A TIN USED FOR? TINs are issued by the IRS specifically as a means to pay federal taxes. While the IRS issues them solely for this purpose, TINs may sometimes be accepted for other purposes, such as for opening an interest-bearing bank account, in employment dispute settlements, or for obtaining a mortgage. WHY DO UNDOCUMENTED IMMIGRANTS NEED A TIN? In addition to being required to pay taxes, immigrants benefit from filing income tax returns because: It demonstrates that they are complying with federal tax laws. Filing federal taxes is a way for immigrants to further contribute to the economy. It is one way that people who may have an opportunity to legalize their immigration status and become U.S. citizens can prove that they have “good moral character.” Immigrants can use tax returns to document their work history and physical presence in the U.S. In order to be eligible for legal immigration status under any future immigration reform, people who currently are unauthorized to be in the U.S. most likely will have to be able to prove that they have been employed and have lived continuously in the U.S. for a certain number of years. People who file tax returns can claim crucial economic supports, such as the Child Tax Credit, including the refundable portion (also known as the Additional Child Tax Credit). Filing a tax return is required in order to be able to claim insurance-premium tax credits for family members—often U.S. citizen children—who are eligible for health care coverage under the Affordable Care Act (ACA, or “Obamacare”). These tax credits are necessary to help make health insurance affordable to people who otherwise would not be able to buy it. Individuals who are eligible to file their taxes with a TIN can establish that they are eligible for an exemption from the ACA’s individual mandate, which requires that people have health insurance. Undocumented immigrants are excluded from all ACA benefits, so they are not eligible to buy health insurance through the ACA’s health care marketplace, even at full cost. Immigrant workers who receive settlement payments as a result of an employment-related dispute will be subject to the maximum tax withholding rate, unless they have a TIN. For example, for a worker with a TIN, the withholding on back wages paid to the worker because of a settlement will be based on the worker’s family status and the number of exemptions the worker can claim. By contrast, if the worker did not have a TIN, the withholding would be figured as if the worker were single with no exemptions. Similarly, for workers without TINs, the withholding on payments other than wages, e.g., on payments for punitive damages, is figured at the “backup withholding” rate of 28 percent, whereas workers who have TINs ordinarily would have no withholding on such non-wage payments. DO TIN-FILERS PAY TAXES? Yes. That is the whole point. IS IT SAFE TO USE A TIN? Generally, yes. The IRS has strong privacy protections in place to ensure that immigrants who report their income and file their taxes are not at risk of having their information shared. Under Internal Revenue Code section 6103, the IRS is generally prohibited from disclosing taxpayer information, including to other federal agencies. However, certain exceptions apply. For example, the IRS is required to disclose taxpayer information to certain U.S. Treasury Department employees when they request it for tax administration purposes or to other federal agencies if it’s needed for a nontax criminal investigation and a federal court has ordered that it be provided. WHAT DOCUMENTS DO I NEED TO APPLY FOR A TIN? The form used to apply for an ITIN is the W-7: https://www.irs.gov/pub/irs-pdf/fw7.pdfInstructions from the IRS to complete the W-7 form can be found here:https://www.irs.gov/instructions/iw7 You must include original documentation or certified copies from the issuing agency to proveidentity and foreign status. (A notary cannot make certified copies for you.) Passport U.S. driver’s licenseForeign driver’s licenseU.S. state identificationcardU.S. militaryidentification cardU.S. Citizenship and Immigration Services(USCIS) photo identificationVisa issued by the U.S Department of StateForeign military identification cardNational identification card (must show photo, name, current address, date of birth, and expiration date)Foreign voter’s registration cardCivil birth certificate (required for dependents under 18 years of age)Medical records (dependents only – under 6)School records (dependents only – under 14, under 18 if a student)In the case of dependents, applicants will be required to submit additional documentation(along with the passport) like: If under 6 years of age: A U.S. medical record, U.S. school record, or U.S. stateidentification card that lists the applicant’s name and U.S. address, or a U.S. visa. TIN applicants are required to provide proof of their identity, foreign nationality status, and residency. (Proof must be submitted that any applicant claimed … Read more

FORM I-485 CHECKLIST FROM USCIS

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ADJUSTMENT OF STATUS (I-485) CHECKLIST USCIS sent out an email linking to their new page with this checklist. The USCIS.gov website states: Please do not submit this checklist with your Form I-485. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form. Do not send original documents unless specifically requested in the form instructions or applicable regulations. You may view the form instructions at uscis.gov/i-485. If you submit any documents (copies or original documents, if requested) in a foreign language, you must include a full English translation along with a certification from the translator verifying that the translation is complete and accurate, and that they are competent to translate from the foreign language to English. There are three different checklists depending on the basis for which the applicant is filing their I-485 application.  1. Checklist of Required Initial Evidence for Immediate Relatives and Family-Based Preference Form I-485 Applicants. 2.  Checklist of Required Initial Evidence for Employment-Based Form I-485 Applicants. 3.  Checklist of Required Initial Evidence for Special Immigrant Juveniles. There are subsets under those three.  For example, the family based visas in the first section have subsections for family preference category petitions, immediate relative petitions, and other family members as you can see below: CHECKLIST FOR IMMEDIATE RELATIVES Did you provide the following? Family Members: If you are the spouse or child of a U.S. citizen’s immediate relative, you must independently qualify for adjustment of status and file your own application. You cannot qualify for adjustment of status as the derivative beneficiary based on the immediate relative’s application.  CHECKLIST FOR FAMILY PREFERENCE IMMIGRANTS If you are a principal applicant, did you provide the following? If you are the spouse or unmarried child under 21 years of age of a family-based principal applicant, did you provide the following? Where to file with USCIS? USCIS FREQUENTLY ASKED QUESTIONS

Employment Authorization Eligibility Category Codes

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USCIS EAD CATEGORY CODES An Employment Authorization Document (EAD) also referred to as a “Work Permit” by some people, allows the person to legally work in the U.S., usually while their application with USCIS is pending adjudication. To get your EAD you must submit a Form I-765 to USCIS, which will ask you for your eligibility category code. Below you will find a list of those categories and their corresponding code for completing the form I-765. The instructions for completing the Form I-765, Application for Employment Authorization can be found on the USCIS website here. The form can now be submitted online in many cases. To file for employment authorization online go to the USCIS I-765 online application page. You will need to make a USCIS online account if you don’t already have one. More information from USCIS about the Form I-765, Application for Employment Authorization can be found here. SOMEONE DID THE PAPERWORK FOR ME TO GET MY WORK PERMIT Often times people pay someone who promise to get them a work permit but they don’t realize that they way the person is getting it for them is by applying for asylum or some other benefit they are not actually eligible for since USCIS will issue the EAD to allow the person to work until they finally sort out the person’s eligibility. If you have an EAD you look at your card to see what the category code is if you are unsure how you obtained it. If you have and EAD and are unsure of the grounds for which you obtained it then you can look at your care and it will have a category code printed on it that you can check against this list. If you look at the example card on the left you will see where the category code appears on the EAD. You can check that code against the list below to be sure that your EAD was issued based on the proper grounds. USCIS only allows some EAD categories to keep working even after Employment Authorization Document (EAD) expiry if you have filed the extension before the current EAD approval expires. *Automatic 180 EAD extension allowed for A03, A05, A07, A08, A10, C08, C09, C10, C16, C20, C22, C24, C31 and A12 or C19. EAD ELIGIBILITY CATEGORY CODES CODE ELIGIBILITY CATEGORY A02 A lawful temporary resident pursuant to sections 245A or 210 of the INA A03 Refugee A04 Paroled as refugee A05 Asylee (granted asylum) A06 K-1 nonimmigrant fiancé(e) of U.S. citizen (USC)K-2 child of K-1 A07 N-8 Parent of international organization employee granted permanent residenceN-9 Dependent Child of international organization employee granted permanent residence A08 Citizen of Micronesia, the Marshall Islands or Palau admitted as a non-immigrant A09 K-3 nonimmigrant spouse of USCK-4 child of K-3 A10 Granted Withholding of Deportation or Removal A11 Deferred Enforced Departure (DED) A12 Temporary Protected Status (TPS) granted under 8 CFR 244.12 A13 IMMACT Family Unity beneficiary (Section 301 of the Immigration Act of 1990) A14 LIFE Act Family Unity beneficiary (Section 1504 of the Legal Immigrant Family Equity (LIFE) Act Amendments) A15 V-1 Spouse of Lawful Permanent ResidentV-2 Minor unmarried child of Lawful Permanent ResidentV-3 Minor unmarried child of V-1 or V-2 A16 T-1 nonimmigrant (victims of a severe form of trafficking) A17 Spouse of E-1/E-2 Treaty Trader/InvestorSpouse of E-3 specialty occupation professional from Australia A18 L-2 spouse of an L-1 intracompany transfer (L-1: Individuals in the U.S. who have been transferred from a subsidiary, affiliate, or branch office overseas to the U.S. to work in an executive, managerial or specialized knowledge capacity A19 U-1 nonimmigrant (victims of certain criminal activity) A20 U-2 spouse of U-1 aliensU-3 children of U-1 aliensU-4 parents of minor U-1 aliens (16 or under)U-5 unmarried sibling under age 18 of U-1 alien under age 21 C01 Dependent of A-1 or A-2 foreign government official C02 Dependent of TECRO (Taipei Economic and Cultural Representative Office) E-1 non-immigrant) C03A Pre-completion OPT F-1 students C03B Post-completion OPT F-1 students C03C 24-month extension for Science, Technology, Engineering, or Mathematics (STEM) OPT students C03(ii) F-1 student offered off-campus employment under the Sponsorship of Qualifying International Organization C03(iii) F-1 student seeking off-campus employment due to severe economic hardship C04 Spouse or unmarried dependent child of G-1, G-3 or G-4 nonimmigrant (Representative of International Organization and their dependents) C05 J-2 spouse or minor child of a J-1 exchange visitor C06 M-1 student seeking practical training after completing studies C07 Dependent of NATO-1 through NATO-7 non-immigrant C08 Asylum applicant (w/ pending asylum application) who filed for asylum on or after January 4, 1995 C09 Adjustment of status (i485) C10 Nicaraguan Adjustment and Central American Relief Act (NACARA) section 203 applicants Applicant for suspension of deportationThe applicant for cancellation of removal C11 An alien paroled into the United States in the public interest or temporarily for emergency reasons C12 Spouse of an E-2 Commonwealth of the Northern Mariana Islands (CNMI) investor; eligible for employment in the CNMI only C14 Alien granted deferred action C16 Registry applicant based on continuous residence since January 1, 1972 C17(i) B-1 nonimmigrant who is the personal or domestic servant of a nonimmigrant employer C17(ii) B-1 nonimmigrant domestic servant of a U.S. citizen C17(iii) B-1 nonimmigrant employed by a foreign airline C18 Alien with a final order of deportation/order of supervision; C19 Temporary Protected Status applicant under 8 CFR 244.5 C20 An alien who has filed a completed legalization application for special agricultural workers C22 An alien who has filed a completed legalization application under INA 245A C24 LIFE legalization applicant C25 T-2 spouse of T-1, the victim of traffickingT-3 child of T-1T-4 parent of T-1 (if T-1 is under age 21) C26 H4 Dependents of H1B Visa worker C31 The principal beneficiary of an approved VAWA self-petitionQualified child of a beneficiary of an approved VAWA self-petition C33 An alien who has been granted Deferred Action for childhood arrivals (DACA) C35 The principal beneficiary of an appro ved employment-based immigrant petition facing compelling circumstances C36 Spouse or unmarried child of a … Read more

Residency Category Codes

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IMMIGRANT CLASSES OF ADMISSION A lawful permanent resident (LPR) or “green card” recipient may live and work anywhere in the United States and may apply to become U.S. citizens if they meet certain eligibility and admissibility requirements. The Immigration and Nationality Act (INA) provides several broad classes of admission for foreign nationals to gain LPR status, the largest of which focuses on admitting immigrants for the purpose of family reunification. Other major categories include economic and humanitarian immigrants, as well as immigrants from countries with relatively low levels of immigration to the United States. Immediate Relative Petitions Family Preference Petitions Employment Petitions Refugee & Asylum Diversity Visas Other IMMEDIATE RELATIVE PETITIONS The largest category of new LPRs consists of immediate relatives of U.S. citizens (spouses, children, and parents of U.S. citizens age 21 and older). Immediate relatives of U.S. citizens are not subject to numerical limits and typically account for more than 40 percent of new LPRs annually. IR1 Spouses, new arrivals IR6 Spouses, adjustments CR1 Spouses, new arrivals, conditional CR6 Spouses, adjustments, conditional IB1 Spouses, new arrivals, self petitioning IB6 Spouses, adjustments, self petitioning IW1 Spouses, widows or widowers, new arrivals IW6 Spouses, widows or widowers, adjustments CF1 Spouses, entered as fiance(e), adjustments, conditional IF1 Spouses, entered as fiance(e), adjustments IR2 Children, new arrivals IR7 Children, adjustments CR2 Children, new arrivals, conditional CR7 Children, adjustments, conditional AR1 Children, Amerasian, new arrivals AR6 Children, Amerasian, adjustments IB2 Children, new arrivals, self petitioning IB7 Children, adjustments, self petitioning IB3 Children of IB1 or IB6, new arrivals IB8 Children of IB1 or IB6, adjustments IW2 Children of IW1 or IW6, new arrivals IW7 Children of IW1 or IW6, adjustments CF2 Children of CF1, adjustments, conditional IF2 Children of IF1, adjustments IH3 Children adopted abroad under the Hague Convention, new arrivals IH8 Children adopted abroad under the Hague Convention, adjustments IH4 Children to be adopted under the Hague Convention, new arrivals IH9 Children to be adopted under the Hague Convention, adjustments IR3 Orphans adopted abroad, new arrivals IR8 Orphans adopted abroad, adjustments IR4 Orphans to be adopted, new arrivals IR9 Orphans to be adopted, adjustments IR5 Parents of adult U.S. citizens, new arrivals IR0 Parents of adult U.S. citizens, adjustments IB5 Parents battered or abused, of U.S. citizens, new arrivals, self petitioning IB0 Parents battered or abused, of U.S. citizens, adjustments, self petitioning FAMILY PREFERENCE CATEGORIES Family members not included in the immediate relative class of admission may be eligible for immigration under family-sponsored preferences. Categories are organized by priority. A11 Unmarried Amerasian sons/daughters of U.S. citizens, new arrivals A16 Unmarried Amerasian sons/daughters of U.S. citizens, adjustments F11 Unmarried sons/daughters of U.S. citizens, new arrivals F16 Unmarried sons/daughters of U.S. citizens, adjustments B11 Unmarried sons/daughters of U.S. citizens, new arrivals, self petitioning B16 Unmarried sons/daughters of U.S. citizens, adjustments, self petitioning A12 Children of A11 or A16, new arrivals A17 Children of A11 or A16, adjustments F12 Children of F11 or F16, new arrivals F17 Children of F11 or F16, adjustments B12 Children of B11 or B16, new arrivals B17 Children of B11 or B16, adjustments F21 Spouses of alien residents, subject to country limits, new arrivals F26 Spouses of alien residents, subject to country limits, adjustments B21 Spouses of alien residents, subject to country limits, new arrivals, self petitioning B26 Spouses of alien residents, subject to country limits, adjustments, self petitioning C21 Spouses of alien residents, subject to country limits, new arrivals, conditional C26 Spouses of alien residents, subject to country limits, adjustments, conditional FX1 Spouses of alien residents, exempt from country limits, new arrivals FX6 Spouses of alien residents, exempt from country limits, adjustments BX1 Spouses of alien residents, exempt from country limits, new arrivals, self petitioning BX6 Spouses of alien residents, exempt from country limits, adjustments, self petitioning CX1 Spouses of alien residents, exempt from country limits, new arrivals, conditional CX6 Spouses of alien residents, exempt from country limits, adjustments, conditional F22 Children of alien residents, subject to country limits, new arrivals F27 Children of alien residents, subject to country limits, adjustments B22 Children of alien residents, subject to country limits, new arrivals, self petitioning B27 Children of alien residents, subject to country limits, adjustments, self petitioning C23 Children of C21, C22, C26, or C27, subject to country limits, new arrivals, conditional C28 Children of C21, C22, C26, or C27, subject to country limits, adjustments, conditional B23 Children of B21, B22, B26, or B27, subject to country limits, new arrivals B28 Children of B21, B22, B26, or B27, subject to country limits, adjustments F23 Children of F21, F22, F26, or F27, subject to country limits, new arrivals F28 Children of F21, F22, F26, or F27, subject to country limits, adjustments C25 Children of C24 or C29, subject to country limits, new arrivals, conditional C20 Children of C24 or C29, subject to country limits, adjustments, conditional B25 Children of B24 or B29, subject to country limits, new arrivals B20 Children of B24 or B29, subject to country limits, adjustments F25 Children of F24 or F29, subject to country limits, new arrivals F20 Children of F24 or F29, subject to country limits, adjustments C22 Children of alien residents, subject to country limits, new arrivals, conditional C27 Children of alien residents, subject to country limits, adjustments, conditional FX2 Children of alien residents, exempt from country limits, new arrivals FX7 Children of alien residents, exempt from country limits, adjustments BX2 Children of alien residents, exempt from country limits, new arrivals, self petitioning BX7 Children of alien residents, exempt from country limits, adjustments, self petitioning CX3 Children of CX2 or CX7, exempt from country limits, new arrivals, conditional CX8 Children of CX2 or CX7, exempt from country limits, adjustments, conditional BX3 Children of BX1, BX2, BX6, or BX7, exempt from country limits, new arrivals BX8 Children of BX1, BX2, BX6, or BX7, exempt from country limits, adjustments FX3 Children of FX1, FX2, FX7, or FX8, exempt from country limits, new arrivals FX8 Children of FX1, FX2, FX7, or FX8, exempt from country limits, adjustments … Read more

FAQ: Special Immigrant Juvenile Status (SIJS)

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Frequently Asked Questions

WHO IS ELIGIBLE TO ADJUST STATUS TO A LEGAL PERMANENT RESIDENT THROUGH SIJS? In order to adjust status as a special immigrant juvenile, the applicant must: 1) be eligible to adjust status, 2) have an immediately available visa, and 3) demonstrate that they merit a favorable exercise of discretion. WHAT IS MY PRIORITY DATE AND HOW DO I FIND MY PRIORITY DATE FOR SIJS? The priority date or Final Action Date is the date that the Form I-360 was filed. You can find this date on the I-360 receipt notice or approval notice. HOW DO I KNOW WHEN MY PRIORITY DATE IS CURRENT FOR SIJS? The State Department issues a chart each month with visa availability for different visa categories and countries. This chart is called the Visa Bulletin and can be found online at:https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html (or by searching for“Visa Bulletin”). The Visa Bulletin is used to inform people which categories of visas are backlogged, versus current, and to track progress while waiting for a priority date to become current. The Visa Bulletin has two charts within each of the Family-based and Employment-based categories: Chart A, “Final Action Dates,” and Chart B, “Dates for Filing.” By law, visas for special immigrant juveniles come from the employment-based 4th preference category, so for special immigrant juveniles, look to the Employment-based Preference Cases charts. STEP ONE: Look at Chart A, “FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES” under the Employment-based Preferences. Check the USCIS website to see if you can rely upon Chart B for the current month: https://www.uscis.gov/visabulletininfo. If the USCIS website says you can use the “Dates for Filing” chart (Chart B) for the relevant month, then you can rely upon Chart B and may be able to file the I-485 even though a visa is not yet available. If the USCIS website says you must use the “Final Action Dates” chart (Chart A), then you cannot rely upon Chart B, and must use Chart A. If you must use Chart A, then you cannot file the I-485 unless your client’s priority date is 1) earlier than the date that appears in the employment-based 4th preference category for your client’s country of origin, or 2) current, as reflected by a “C” appearing in the 4th preference category for your client’s country of origin. STEP TWO: In Chart A, look at the “4th” preference line for your country of origin. If there is a “C” that category is “current” and there are visas available, so you can file the I-485 regardless of your client’s priority date. If there is a date (example:15JAN17 (January 15, 2017), that means that a backlog exists, and you can only file the I-485 if your priority date is EARLIER than the date listed. When a backlog exists, predicting exactly when someone will be able to adjust status is impossible, and anyone who gives you an estimate is guessing. In the image below the row with the preference category for SIJS cases is highlighted. WHAT CAN I DO TO LIMIT THE WAIT TIME? Start the process as soon as possible. Submit an I-360 petition as soon as you get the family court orders. Around the 15th of every month, the next month’s Visa Bulletin is usually posted online, so you can start getting the I-485 application ready to file if you see that your visa will be current in the coming month. The Visa Bulletin goes into effect on the first day of that month (January 2025 Visa Bulletin went into effect on January 1, 2025). Check the Visa Bulletin for the current month as well as whether USCIS is allowing use of Chart B that month (if you hope to rely on Chart B to file early) before filing the I-485 to avoid having it rejected. REMAIN ELIGIBLE UNTIL YOU COMPLETE THE PROCESS You cannot get married until after your I-360 has been approved. UPDATED APRIL 2022 8 CFR § 204.11(b)(2) was updated and effective April 2022, SIJS applicant now required to remain unmarried only through the adjudication of the SIJS petition, rather than through the adjudication of the subsequent application for adjustment of status. If you get into trouble with the law (arrests or criminal convictions) you may end up ineligible to adjust status through SIJS. You must remain under the State Court’s jurisdiction until you are 21 or until you complete the process. If you are in removal proceedings you will need to get those proceedings dismissed and should attend all Court dates until that happens. A removal order may complicate your case tremendously . DEFERRED ACTION WITH APPROVED I-360 USCIS announced a new policy that went into effect on May 6, 2022 and that applies to young people who have been granted SIJS but are not yet able to apply for adjustment ofstatus because they are waiting for a visa to be available. The new policy provides that young people stuck in the visa backlog will be considered for deferred action on a case-by-casebasis. If deferred action is granted, it will be for a period of four years. Young people granted deferred action are then eligible to apply for an EAD for the period of deferred action by filingan Application for Employment Authorization (Form I-765), indicating eligibility category (c)(14). For more information on this new policy, see U.S. Citizenship and Immigration Services Policy Manual (USCIS-PM) J.4(G).