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Adjustment of Status to Permanent Resident

1
Question:
I entered the United States in 1998 without a visa. My employer filed labor certification for me in January, 2001. Everything is approved and I am now ready to file for adjustment to permanent resident for me, my wife, and our two daughters. I have two questions:
  1. My immigration lawyer tells me that we cannot file for adjustment at this time because there is no visa available for us. My friend who is in the same situation filed for his adjustment last month. Can you tell us what the lawyer is talking about?
  2. My wife and daughters also entered, without a visa, three years ago. Can they also file for adjustment of status based on my approval?
Answer:
  1. Each month, the Department of State publishes the Visa Bulletin which shows the visa allocation for each category for that particular month. For example, the April, 2009 bulletin shows that if you fall into the “Other Workers” category with a priority date prior to March 1, 2001, you may file your adjustment or visa application. However, in May, 2009, you will not be able to file because there are no visa numbers available in that category in that month.
  2. Since your petition was filed by April 30, 2001, and if your wife and daughter’s relationship existed at that time, they do qualify to file to adjust status even though they only arrived three years ago.