US Citizenship and Immigration Services (USCIS) has announced the filing dates for applicants for adjustment of status to legal permanent residency for May 2021 based on the US Department of State’s Visa Bulletin for May 2021. Applicants in the F-2A category of family-based cases (spouses and children under 21 of legal permanent residents) may use the “Final Action Dates” chart for May 2021. For all other family-based cases (beneficiaries of the approved Form I-130 immigrant visa petition), individuals should use the “Dates for Filing” chart in the Department of State Visa Bulletin for May 2021.
For all employment-based beneficiaries (approved Form I-140 immigrant visa petitions on their behalf), they must use the “Final Action Dates” chart in the Department of State Visa Bulletin for May 2021.
For the employment-based “Dates for Filing” chart, all categories for EB1 are current. The EB2 worldwide category is now current, for India it is at August 1, 2010, and for China it is at December 1, 2016. The EB3 worldwide category is current, for China it is at May 15, 2018, and for India it is at February 1, 2011.
Applicants for adjustment of status and immigrant visas who have a priority date earlier than the date in the Visa Bulletin chart for their category may either file their case with USCIS or start the processing abroad at a US consulate.