MVP “Immigration Q & A Forum” – 9/19/25

1. Would you be able to tell me what the priority date is for an Employment Based applicant who filed in EB3 from India is for next month? I believe the Visa Bulletin for October 2025 was published this week and the internet has a lot of conflicting information.

Yes, the October 2025 Visa Bulletin was published on Monday, September 15, 2025. As October 1^st begins a new Fiscal Year, the United States Citizenship and Immigration Service (USCIS) has published notice that eligible applicants are to follow the Dates for Filing Chart for Employment Based visa applications. As a result, eligible applicants from India who have filed under the Employment Based 3^rd preference category are eligible to file their I-485, Application to Register Permanent Residence or Adjust Status with the USCIS if their priority date falls on or before August 15, 2014. The window to file is not until October 1^st, 2025. Do not file the I-485 application until October 1^st, 2025.  Our firm would recommend that you file early within the month of October as it is not guaranteed the USCIS will publish notice to once again follow the Dates for Filing Chart for the November 2025 Visa Bulletin.

2. If I am asked to show my papers showing that I registered, what do I do? I have a KYR red card and am confused as to whether I really need to show proof that I complied with the registration requirement if I am stopped.

The Constitutional protections of the 4^th amendment still apply to you, and unless you are stopped for probable cause, you have a right to show the Agent(s) the Red Card and refuse to speak with them, a right provided under the 4^th amendment to the U.S. Constitution. Remember, once inside the United States, the rights afforded by the U.S. Constitution are applicable to all.

3. I am an F1 student from Bangladesh and I married a Lawful Permanent Resident back in April of 2025 and we quickly filed the I-130 petition with USCIS at the start of May 2025. The I-130 is still in process. Are we now able to file the I-485 petition based on the October Visa Bulletin?

Yes, it would appear that the F2A category, which is reserved for Spouses and Children of Permanent Residents indicates that applicants from all countries are able to file their I-485, Application to Register Permanent Residence or Adjust Status with the USCIS if their priority date falls on or before September 22, 2025. In a family based case, your priority date attaches at the time of filing the I-130 petition. In other words, the date your I-130 petition was accepted for processing by USCIS is your priority date. If that dates falls on or before September 22, 2025, you may file your I-485 petition with USCIS in the month of October. The window to file is not until October 1^st, 2025. Do not file the I-485 application until October 1^st, 2025.  Our firm would recommend that you file early within the month of October as it is not guaranteed the priority date will remain September 22, 2025 for the November 2025 Visa Bulletin.

4. What is the USCIS filing fee for Form I-131, specifically for Advance Parole?

The USCIS filing fee for Form I-131 is $630.00. You may pay the USCIS filing fee with a personal check, a money order, a cashier’s check, or by credit card using Form G-1450, Authorization for Credit Card Transactions. If you are mailing a check, money order or cashier’s check, it should be made payable to “US DEPARTMENT OF HOMELAND SECURITY.”

5. Can we still mail paper checks to USCIS?

Yes, you may continue to mail paper checks to USCIS until October 28, 2025. After October 28, 2025, USCIS will only accept ACH debit transactions using Form G-1650 or credit card payments using Form G-1450.

6. If I have a valid H-1B visa in my passport, provided my 10 print biometrics at my consular interview and haven’t moved to a new address since the filing of the H-1B visa as listed in my passport, am I registered?

It would appear based on the information you have shared that you are in compliance with the Registry requirement and do not need to submit a G-325R form through the USCIS website. See https://www.uscis.gov/alienregistration for more information.

7. Should we self-deport? Everywhere we turn the messaging is for us to leave. Some of the notices we have received say that if we leave now, we will be able to come back later to resume our process. What should we do?

You should contact our office to schedule a consultation. It is highly recommended that you speak with a qualified Immigration Attorney for a full discussion of your rights, the rule of law, how due process works in the United States, and the real consequences involved if you were to self-deport.

8. I am looking for work in the United States and once I secure an employer, I hope to obtain H-1B nonimmigrant visa status. Is your firm able to assist me in finding an Employer willing to sponsor me?

No, our law firm is not able to assist you in finding an employer willing to sponsor you. Once you locate an employer willing to sponsor you, we can certainly assist both you and your employer with the process; however, we are unable to assist you in your job hunt. Furthermore, unless the U.S. employer qualifies as a H-1B CAP EXEMPT employer, you will need to have a U.S. employer prepare and submit an H-1B CAP registration on your behalf in March of 2026 and hope that you are randomly selected in the lottery process so that your employer can then file an H-1B CAP petition on your behalf with the USCIS for work to begin as of October 1, 2026, if approved by the USCIS. For more information about the H-1B CAP registration process, see: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-electronic-registration-process To schedule a consultation with our firm, please visit: https://www.mvplawgroup.com/contact.

9. I am a new business owner, we just opened on September 1, 2025. Where can I find the latest version of Form I-9?

Congratulations! The latest version of Form I-9, Employment Eligibility Verification, can be found by visiting the USCIS website. I would also recommend that you download the Employer Handbook to assist your company with properly completing I-9 Forms and overall compliance. It is imperative in this current environment that your company have its own internal I-9 audit process. If you are interested in having your I-9 Forms Audited or assistance with setting up an internal I-9 audit process, please contact our office to schedule a consultation.

10. I feel helpless watching what is happening to our Immigrant community across the United States. I want to help. How can I help? 

Let your voice be heard! Contact by telephone, email or by writing a letter to your U.S. Senator & House Representatives on a daily or weekly basis and let them know you do not approve of this administration’s actions on Immigration. They must document and respond to every communication received by a constituent.

Serve as an Observer in Immigration Court (with the American Bar Association).

Serve as an interpreter for a non-profit that assists pro se applicants with their Immigration Court screenings.

Donate to a local non-profit serving the Immigrant population. Non-profits within the State of Maryland can be found here: https://goci.maryland.gov/community-partners/.

If you are interested in helping, please let us know, we can certainly point you in the right direction!