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How can an India-born investor get permanent residency if his priority date is current in Chart B but not in Chart A of the visa bulletin?

I am an Indian EB-5 investor. My priority date is in 2018, which is not current according to Chart A of the visa bulletin. In September, I noticed that the Chart B said current for India-born EB-5 investors. So I filed my I-485 on October 2. I also applied for my EAD and advance parole, and had my biometrics scheduled on Nov. 6, 2019. I see this month that Chart B showed current for November as well. Will I get my permanent residency status based on this I-485 application soon, or did I misunderstand the visa bulletin?

Answers

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You cannot be approved until your number is current under chart A final action date.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    USCIS will notify us which chart they are using. For example, for November 2019, they will use the "Dates for Filing" chart.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    If you meet all of the other requirements for adjustment, you can get the green card once the date is available on both charts.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    You may file for permanent residency based on the filing chart if USCIS says they will use that in the month you file. The final adjudication of the permanent residency though is always based on the Final Action Chart and that must be current when you have your interview or whatever month they grant the permanent residency.

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