Green Card Update for Married Couples as September Rule Looms
Several attorneys told Newsweek that couples may seek to file before new public charge rules take effect.
The State Department's August Visa Bulletin has extended the F2A final action date for green card applications of spouses of lawful permanent residents, to July 22, 2026, from January 1, 2025. This advance of approximately 18 months is set to take effect just before a change to the federal government's public charge policy on September 18.
The Department of Homeland Security (DHS) is rescinding the Biden administration's 2022 regulatory framework, which granted officers broader discretion to determine whether an applicant is likely to become a public charge. The new rule allows officers to consider a broader range of factors, including age, health, family status, assets, resources, education, and skills in determining an applicant's eligibility.
Immigration attorneys say the extended F2A dates and revised public charge policy could allow more couples to file adjustment of status applications before additional scrutiny is applied. However, they caution that eligibility depends on individual circumstances and that the favorable dates could change. Applicants must still meet the priority date requirement of being earlier than the final action date.
While the change may allow some couples to pursue adjustment of status within the United States rather than through a U.S. consulate abroad, there is no guarantee of faster decisions due to potential processing backlogs. The shift in dates is due to a decline in immigrant visa issuance rates for certain countries following administration actions.
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