Green Card Approval When Priority Date Not Current

Navigating the U.S. immigration system can be complex, especially when unexpected scenarios arise. Recently, the American Immigration Lawyers Association (AILA) reported a peculiar situation: some applicants have received Green Card approvals even when their priority dates were not current. This blog post delves into this issue, highlighting the potential challenges and offering guidance for affected applicants.

Understanding the Issue

Under normal circumstances, obtaining a Green Card (lawful permanent residence) requires your priority date to be current, aligning with the Department of State’s Visa Bulletin. However, an unusual trend has emerged. AILA has noted instances where the United States Citizenship and Immigration Services (USCIS) approved employment-based adjustment of status (Form I-485) applications even when priority dates weren’t current. This deviation from the standard process raises several concerns.

Potential Challenges

The premature approval of a Green Card can lead to significant future complications, particularly during the naturalization process. Key challenges include:

• Risk of Rescission: If USCIS later determines that your Green Card was approved in error, they may rescind your permanent residency.
• Naturalization Hurdles: Erroneously approved Green Cards may lead to denial of naturalization application, as applicants must demonstrate lawful admission for permanent residence.
• Nonimmigrant Status Issues: It’s crucial to assess the impact on your current nonimmigrant status, as premature Green Card approval might affect its validity.

Recommendations for Applicants

If you find yourself in this predicament, consider the following steps:

• Contact USCIS: Reach out to the USCIS Contact Center to discuss your case and seek clarity.
• Motion to Reopen: If necessary, file a Motion to Reopen (Form I-290B) for each affected applicant, to rectify the approval status.
• Seek Further Assistance: Utilize resources like the USCIS Ombudsman or a member of Congress for additional support and guidance.

Conclusion

The path to U.S. permanent residency is filled with intricate procedures and occasional anomalies like this one. Staying vigilant and informed about your Green Card approval process is crucial. Should you encounter such a situation, it’s important to act promptly and seek appropriate guidance to safeguard your immigration status.