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AILA has released its understanding of management of the new Visa Bulletin between the State Department and the USCIS. The USCIS will start to process and pre-adjudicate the I-485 applications without any delays, which will take in average about six months to complete the pre-adjudication. Once preadjudication is completed, the USCIS will demand the immigrant visa numbers for the cases immeidately. If the immigrant visa numbers are current for the priority dates, State Department will immediately allocate the immigrant visa numbers for the cases and the USCIS will then approve such I-485 applications without any delays. If the immigrant visa numbers are not current, the State Department will keep those cases in its "Pending Demand File" and when priority dates become current for some of those cases, the State Department will allocate the immigrant visa numbers to the USCIS such that the USCIS approves those I-485 applications. This raises a question of whether I-485 applicants should file the applications without expensive I-693 medical reports. Currently, the I-485 applicants have an option of filing I-693 concurrently with I-485 applications or alternatively submit I-693 when the USCIS asks them to submit I-693 medical report. Filing of I-485 applications without concurrent filing of I-693 may cause some delays either at the preadjucation stage or final adjudication stage since the USCIS will have to issue RFE and the applicants may have to submit the medical report as an additional step. Since we do not know exactly when the USCIS will issue such RFE, specifically whether before the "Final Action Date" or after "Final Action Date," it can create some delays in final adjudication of the I-485 applications with accompanying other risks involved. One thus wonders whether applicants should submit I-693 concurrently with the I-485 applications now to avoid any delays when time comes for adjudication. If the Final Action Date does not arrive in 365 days, they may have to deal with RFE for a new I-693 and spend more money to submit a new medical report. However, one wonders whether it is worth spending such additional expenses, assuming that they rather have a good chance to see their Final Action Dates may arrive within one year and the USCIS would approve their I-485 applications swiftly without RFE with the allocated immigrant visa numbers. Those with earlier priority date should definitely file medical report with I-485 applications. Even those with a later priority date are recommended to submit medical report in order not to take any chance.
The State Department states that the impact of the initiation of "Dates for Filing" may not be known until the spring of 2016, by when most of the I-485 applications may have completed preadjudication (6 months), giving fairly "precise demand data" for the State Department to determine the Final Action Date (current Visa Bulletin cut-off date determination). This data will help the State Department to determine periodical allocation of immigrant visa numbers. AILA predicts that the Filing Dates are not likely to move backward. The dates may remain either stand-still or move forward.

Posted by: Vamsi      Date: 2015-09-16

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