Government Miscalculation Leaves Many Visa Applicants Feeling Cheated

We are disappointed to report that many applicants will continue to face lengthy waits before they can submit their I-485 adjustment of status applications for permanent residence.

On September 25, 2015, the U.S. Department of State (DOS) published a revised Visa Bulletin for October 2015, rolling back the “Dates for Filing” for several visa categories. This “Revised September 25, 2015” Visa Bulletin supersedes the previous Visa Bulletin for October 2015, which was originally published on September 9, 2015.

Please note that the following “Dates for Filing” have changed:

CATEGORY ORIGINAL FILING DATE
(SEP 9, 2015)
NEW FILING DATE
(SEP 25, 2015)
DIFFERENCE
EB-2 China 1 MAY 2014 1 JAN 2013 1 year, 5 months
EB-2 India 1 JUL 2011 1 JUL 2009 2 years
EB-3 Philippines 1 JAN 2015 1 JAN 2010 5 years
FB-1 Mexico 1 JUL 1995 1 APR 1995 3 months
FB-3 Mexico 1 OCT 1996 1 MAY 1995 1 year, 5 months

 
Therefore, individuals who fall under the above-referenced categories will only be permitted to file for adjustment of status in the month of October if they have a priority date that is earlier than the NEW Filing Date listed in the revised September 25, 2015 Visa Bulletin.

According to a statement released by the President of the American Immigration Lawyers Association (AILA):

For people who have been patiently waiting in line and are stuck in the long visa backlogs emblematic of the U.S. legal immigration system, this is yet another huge letdown. So many people spent time and money getting their applications ready to file and now they are told, due to government miscalculation, that they can’t file after all. This mistake affects real people: individuals who have already made important life decisions based on previously released information published by the government two weeks ago. They now, once again, face extended delays before they can get travel documents and employment authorization. In the long run, the announced changes to the visa bulletin are improvements to the system that will eventually help thousands of families and individuals to plan and get on with their futures, but in the short run this miscalculation has serious consequences. Frankly, they deserve better, and the Administration should be ashamed and embarrassed at the harm this mistake has caused.

A full comparison of the September 9, 2015 dates to the September 25, 2015 dates is available here.