There was a big push at the end of 2000 up to April 30, 2001, to file applications on behalf of family members to lock in protection under INA Section 245(i). Many individuals have been able to adjust status to a lawful permanent resident using these applications; however, given the visa bulletin backlog, individuals from Mexico have had to wait much longer than other nationalities.
Every month the Department of State publishes the “Visa Bulletin” which delineates who is eligible to file their adjustment of status applications (if in the US) or consular process (if outside the US) based on the priority date found on the I-130 receipt/approval notice. When you hear in the news people mention the “lines” people are supposed to get in, these are it. Each family-based preference category has its own line:
- F1: Unmarried sons or daughters (over 21) of US citizens
- F2A: Spouses and children (under 21) of permanent residents
- F2B: Unmarried sons or daughters (over 21) of permanent residents
- F3: Married sons or daughters of US citizens (over 21)
- F4: Brothers and sisters of US citizens
The May 2024 Visa bulletin shows that individuals from Mexico with the following priority dates are eligible to file their adjustment of status applications or consular process, if otherwise eligible to do so:
- F1: October 15, 2001
- F2A: November 8, 2020
- F2B: March 1, 2004
- F3: July 22, 1999
- F4: January 22, 2001
If your priority date is current it is very important that you contact an attorney as soon as possible to determine your eligibility.