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The family-based green card needs to be sponsored using form I-130 and you can file form i-485 if your case receipt date is older than the dates in
- Final Action Chart or
- Date of Filing Chart
Check the USCIS Visa Bulletin for Employment-Based Green Cards.
Final Action vs Date of Filing Chart
The final action chart means that a green card is available for the issue.
You can file your adjustment of status using form i485 in the family-sponsored category if your approved I130’s priority date is older than the dates given in the FA chart.
The date of filing chart simply means that USCIS is only allowing you to file form i485 to adjust your status in the US. A green card visa number is NOT yet available for your case.
But, you can file your application and can get the i485 EAD work permit and advance parole (AP). You will still need to wait for your date to get current in the Final Action chart to have your green card approved.
Family-Based Green Card Categories
When your family member files an I-130 application for you, you are categorized into these:
First
The F1 category is for unmarried sons and daughters of U.S. Citizens and gets 23,400 plus any numbers not required for fourth preference.
Second
Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200.
Plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:
- F2A gets spouses and children of Green cardholders 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit.
- F2B contains unmarried sons and daughters (21 years of age or older) of Permanent Residents and gets 23% of the overall second preference limitation.
Third F3
Married Sons and Daughters of U.S. Citizens are eligible for 23,400 green cards per year in addition to any numbers not required by first and second preferences.
Fourth F4
Brothers and Sisters of Adult U.S. Citizens can get 65,000 green cards each year.
Any numbers not required by the first three preferences are also added to their kitty.
How to use the Visa Bulletin Chart
You can use the dates based on your country of birth and not the country of your passport. The dates are given in the ‘others’ row for people from countries like Pakistan, Bangladesh, and Sri Lanka.
China, Mexico, and the Philippines have high demand just like India, and hence have separate rows for dates due to heavy backlogs.
