When a visa number is available, an applicant can file Form I-485, also known as the Application to Register Permanent Residence or Adjust Status, concurrently with the immigrant petition. This means that the applicant can process both applications together, saving time and reducing processing delays.
A priority date is assigned to an applicant based on their place in line for a visa, determined by the date the immigrant petition was filed. If the demand for visas in a particular category exceeds the supply, a backlog can occur, and the priority date can move slowly or even retrogress. However, if an applicant is subject to immigrant visa backlogs, they may not be able to apply for adjustment of status until their priority date becomes current.
In this situation, the applicant will have to wait until their priority date becomes current before filing the adjustment of status. Alternatively, they may choose to consular process their Green Card application outside the U.S.
It’s crucial to stay up-to-date with the monthly Visa Bulletin, which provides information on priority dates and visa availability, to determine when an applicant can file for adjustment of status.