Fast Track To Green Cards For Spouses And Children Of Permanent Residents
Starting July 1, 2019, spouses and unmarried children of lawful permanent residents will be able to immediately file for permanent residence status immediately.
In a surprise announcement on June 26, 2019, the U.S. Citizenship and Immigration Services announced that it was making a special exception for certain green card applicants to offset the long backlog of cases. It is unknown how many months this policy will remain in effect.
The family members affected are classified as 2A beneficiaries, spouses and minor unmarried children under 21, as shown in this immigration family petitions diagram.
- If your spouse or child is present in the U.S., and you have already filed an I-130 family-based petition on their behalf, they will be able to file applications for adjustment of status starting on July 1, 2019.
- If your spouse or children is present in the U.S., but you have not filed an I-130 family-based petition on their behalf, you can file the I-130 and the I-485 together starting July 1, 2019.
- If your spouse or child is present in the U.S., but does have legal status, they might still be able to seek permanent resident benefits through adjustment of status if they can meet the requirements of Immigration and Nationality Act section 245i
If you’re a lawful permanent resident, then July may be a good luck month. I know that sounds strange. Talking about good luck in terms of immigration in this age of darkness when it seems like so many bad things are happening. That’s right.
The government has announced that in July, if you’ve been waiting to immigrate someone that’s a spouse or an unmarried child under the age of 21, you’re in luck. That waiting is over, at least for July.
There’s no saying how long that they’ll remain current, the dates will remain current. It could be that a month later everything goes back to normal, and you’re waiting another two or three years to immigrate someone.
But in July you have a window. You have a month at least to file your documents for that individual to move them forward on their permanent residency quest. So I recommend that you take advantage of that and and look into whether or not it’s viable for you to go forward.
Now, that doesn’t mean you got a carte blanche pass to success. There could still be some problems in the green card case. So don’t just rush out there and do it because you can.
Make sure that you go over your case, go over your spouse’s case, go over your child’s case with someone who is experienced with immigration to make sure that you’re not walking yourself into a speed trap, into a date with a destiny that you don’t want. Into a date with immigration court to be deported.
Now this also applies to individuals living abroad – that you could go ahead and move papers forward.
So I encourage you take a look at it, take a look at it right away, because you know as well as I do that getting things ready to file properly isn’t something you do in 10 minutes, isn’t something you do in 15 minutes. It isn’t something you do in 30 minutes.
And I know too that a lot of you are going to be inclined to go with a notario or an immigration assistant. I encourage you, you want to be careful. You and I both know all the horror stories that happens in those situations, some of those situations. Because you don’t want to walk into a trap, you want to be super careful.
With that, I’m going to say goodbye and I’m going to wish you the best of July. And if you do qualify, this is your time to make it happen.
Immigration law is a dynamic field.
Changes happen rapidly, almost without warning.
Many changes are inspired by party politics. In some matters, a court decision, as in the post-conviction case of Padilla v. Kentucky, affects how certain rules are to be interpreted. Other times, an immigration agency, such as USCIS or CBP, adjusts its operating procedures.
Often without any notice.
In all these situations, it’s important to notify our readers as quickly as possible.