October 28, 2005

USCIS Adopts AAO Decision Providing Further Guidance on AC21

A January 2005 AAO opinion limiting the availability of AC-21 portability on adjustment of status cases where the immigrant visa petition has not been approved has been designated as a USCIS Adopted Decision by the Acting Deputy Director of USCIS. This case provides further guidance on previous agency policy memorandum on the applicability of the portability of a job offer to a new employer or to a new geographic area 180 days after the filing of an adjustment of status. Specifically, the decision confirms that AC21 portability on an adjustment of status matter is only available where the underlying immigrant petition is approved. In order to take advantage of a portability of an immigrant visa petition and adjustment of status application that have been pending for at least 180 days, the immigrant visa petition must be approvable and, ultimately, approved in order for the related adjustment of status application also to be approved.