dream4852007-07-13 21:30:05
已经被热炒了的permament solution,I-485 filing with approved I140 regardless of PD data, 可行吗?现有 Immigration and Nationality Act 有条文不允许。 我也希望这个传闻是真的, 谁能找出法律上的反证。

(3) an immigrant visa is immediately available to him at the time his application is filed.

原文节选

Immigration and Nationality Act's Section 245(a):

(a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status

The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.

Congress would have to change the law to allow for adjustments to be filed without a priority date being available. They are actually considering such a change as part of the SKIL Act introduced last year and this is something promoted by my friends Gary Endelman and Dinesh Shenoy in articles on the subject.

But that is not to say that there is not a solution that gets close to the same place. Perhaps offering interim benefits like an employment authorization document and advance parole without having the adjustment application filed might be a possibility. I don't believe there is a statutory bar to this, though if others have thoughts, I'd love to hear them.