Priority Date Becomes Current in April 2026? Prepare These Documents NOW or Risk Massive Delays

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If you are an EB-2 or EB-3 visa holder waiting for your priority date to become current, you have already heard that in April the final action dates will become current for all countries except India and China.

This means that starting April 1st most individuals residing in the United States will be eligible to file their adjustment of status applications for permanent residence. As part of this process, applicants may file an application for temporary work authorization (Form I-765) or travel authorization (Form I-131). Once your green card application is filed with USCIS, you will not be able to travel abroad unless you have a valid, approved travel permit issued by USCIS.

Gathering Important Documents

Before filing, gather these six documents to avoid delays, minimize RFEs, and be ready to submit your green card application in April before your window of opportunity closes.

#1 Birth Documentation

Green card applicants must submit a birth certificate to USCIS or the National Visa Center that includes their full name, date and place of birth, parents’ names, and an official seal. If the document is not in English, a certified translation is required. You must also bring the original or a certified copy to your interview, if scheduled.

If you do not already have your birth certificate, it is important to obtain it as soon as possible.

Unavailability of Birth Certificate

When a birth certificate is unavailable for immigration purposes, you must obtain an official “Non-Availability Certificate” (NABC) from local authorities, often called a Certificate of No Public Record or “Negative Certification.” This must be accompanied by secondary evidence, such as school records, baptismal certificates, or affidavits from relatives with personal knowledge of the birth (at least two witnesses).

#2 Marriage Certificate

For green card processing based on sponsorship by a U.S. Citizen spouse or child, you must submit a copy of your original marriage certificate (or certified copy) that bears the appropriate seal or stamp from the issuing authority. If you were previously married, you must also provide evidence of the termination of all prior marriages (divorce decree, death certificate, or annulment).

Bring all originals or certified copies to your interview.

Unavailability of Marriage Certificate or Divorce Decrees

If primary documents are unavailable or do not exist, applicants may submit secondary evidence but must first prove the unavailability. This is done with a certification from the appropriate civil authority stating, on official letterhead, that the record does not exist or is unavailable, explaining why, and noting whether similar records are available.

Prepare ahead of time to minimize delays.

#3 Proof of Lawful Status & No Unauthorized Work

Adjustment applicants must provide evidence that they were inspected at a U.S. port of entry also known as “lawful status,” like a passport entry stamp, Form I-94, USCIS-issued I-94, or a parole document (Form I-512/I-512L).

Additionally, most applicants must show they are not barred from adjusting status due to immigration violations such as failing to maintain status, unauthorized work, or other terms of their nonimmigrant status.

For instance, driving for Uber while on an H-1B would be unauthorized employment and may appear on tax returns. Employment-based applicants should ensure they strictly comply with the terms of their nonimmigrant status.

#4 Vaccination Records for the Medical Examination

A medical examination is required for green card applicants during the application process. As part of that examination, the physician will ask the applicant to provide a vaccination record to document completed vaccinations in the home country.

If not completed overseas, the medical examination must be completed by a designated civil surgeon in the United States and submitted with the application as close to filing as possible.

#5 Criminal History Records

Applicants who have been arrested must provide original or certified copies of all arrest records and court dispositions, regardless of where the arrest occurred. These documents must show the outcome of each arrest, detention, or conviction. Minor traffic violations or non-arrest incidents with only small fines or license points are not required.

Submitting these documents in advance allows your attorney to review them and guide you through properly disclosing the information to USCIS. Failure to do so can have serious legal consequences.

#6 Certified Translations of Documents

Applicants must provide certified translations for all foreign-language documents, with the translator certifying their competence and the accuracy of the translation.

Avoid RFEs and delays by preparing certified translations ahead of time.

The Bottom Line

As the April 2026 window approaches, preparation is critical. Having all required documents—accurate, complete, and properly translated—ready in advance will help you file on time, avoid costly delays or RFEs, and stay eligible to move forward once your priority date becomes current. Acting now ensures you are fully prepared to take advantage of this limited opportunity.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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