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During the last two weeks immigration lawyers and their clients rushed to take advantage of the unexpected opportunity to file Adjustment of Status applications in July for clients in all the Employment Based categories. This unexpected development was triggered by the Department of State’s announcement in mid June that all Employment Based categories would be “currently available” beginning July 1. This was especially welcomed by clients in the “E3” category who had approved Labor Certifications and/or I-140 Visa Petitions but who were stuck in a significant backlog-some for several years. Filing an Adjustment of Status application would allow individuals and their families to seek travel documents (Advance Parole) and Employment Authorization documents-eagerly anticipated by the spouses of many applicants who wished to enter the workplace. We were led to believe that filing promptly in early July was crucial since it was uncertain how long availability would continue.
On Monday July 2, the Immigration Service announced, to the surprise of everyone involved in the immigration process, that it would NOT ACCEPT any Adjustment applications for any Employment Based categories effective immediately. We have been advised that ALL Employment Based Adjustment of Status applications arriving at an Immigration Service Center on Monday July 2 or thereafter will be returned to the applicants with checks
uncased.
In the days and weeks ahead we will learn more about the obvious mishandling of the situation by the agencies involved. In the meantime, clients who rushed to comply with all the requirements and worked closely with us to be among the many cases we sent to arrive on the first business day of the month will be justified if they are angered by our government’s inability to operate efficiently.
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