Are you a foreigner seeking to immigrate or adjust your status to become a permanent resident in this country through an employment-based preference or family-sponsored immigrant visa? If your answer to this question is “yes,” you need to learn about the associated waiting period for your priority date to become current.
One of the main reasons you need to learn more about these waiting periods is that you cannot apply for a green card if your priority date is not current. That is true even if your permanent residency or green card application is already approved.
If you want to obtain a green card, it would be in your best interest to have an attorney on your side for necessary legal advice. Although the immigration visa processing period can be extremely long, you need to stay on the lookout to know when your priority date is current.
Your attorney will help you understand the mechanics of this waiting period and how to deal with it to avoid missing your chance of obtaining an immigrant visa to live or work in this land of opportunities. In this article, you will learn more about how the priority date is determined and what it means to you as an immigrant visa or green card applicant.
Immigration and Priority Dates at a Glance
While not all green card applicants will face an annual numerical limit, you could face an extended waiting period if you want an employment or family-based green card to live in this country lawfully. Precisely how long you will have to wait will depend on various factors, including:
- The type or category of visa you want
- Availability and demand of visas in that specific category
- Per country limitations on visas
Since the number of immigrant visa applicants exceeds the number of visas available, you could find that you have to wait for your priority date to become current to continue with your green card application. A priority date is typically your spot or place in the waiting line to receive an immigration visa after your initial application (Form I-130).
That means approval of your Form I-130 petition does not mean you can immigrate. You will know you have reached the front of the waiting line if your visa priority date is current, meaning you can either:
- Apply for permanent residency or adjustment of status by filing for Form I-485 if you are overseas
- Apply for a green card at a U.S Consulate or Embassy in your motherland or home country
It is worth noting that your permanent residency will go into effect once you immigrate and move here if your green card application was through a consulate in your home country.
Where to Find Your Priority Date
Every prospective immigrant will be assigned his/her priority date, which will be your place in the green card waiting line, consisting of thousands of applicants. Typically, your priority date is the date USCIS (the United States Citizenship and Immigration Services) or the Department of Labor (DOL) received your visa petition.
However, if your visa petition is erroneous or some crucial information is missing, your priority date could delay because USCIS or DOL will send your petition back to the petitioner (your immediate relative). That is why it is critical to have an experienced and skilled immigration attorney in your corner if you want an immigrant visa for permanent residence in this country.
Any minor error or mistake can make the USCIS or DOL send your petition back to the petitioner, and your attorney will ensure this will not happen to increase your chances of obtaining permanent residency status.
When USCIS accepts your visa application, they will assign you a priority date which you can find on Form I-797, which will be mailed to you approving your Form I-130 petition. Typically this information is in the top part or section of this document.
How to Determine Your Family-Based Visa Preference Category
Your family visa preference will typically depend on your familial relationship with the petitioner or immediate relative. Since the priority date assigned to immigration visa applicants depends on their preference category, you could want to determine your family preference category ahead of time if you want an immigrant visa. Here are family visa preference categories that you ought to know:
- Family First Preference or F1 – Family members under this category include unmarried adult daughters and sons aged 21 and above of permanent U.S citizens
- Family Second Preference or F2 – This preference category consists of two (2) subcategories, each carrying different waiting periods. The subcategory F2A comprises spouses or unwed daughters and sons (under 21) of permanent residents. On the other hand, subcategory F2B comprises adult daughters and sons aged 21 and above of permanent citizens.
- Family Third Preference or F3 – In this category are married daughters and sons (any age) of permanent residents
- Family Fourth Preference or F4 – This preference comprises sisters and brothers (aged 21 and above) of a permanent citizen
How to Check Your Priority Date Progress on the Visa Bulletin
Once you determine your family preference category, you should educate yourself on how to read and interpret the Visa Bulletin published monthly by the DOS (Department of State). Typically, the visa bulletin is a source of relevant information that can help you determine how long you have to wait for your visa priority date to be current.
Once you select the current visa bulletin on the website, you will find two charts for “Employment-Based Preferences” and one for “Family-Sponsored Preferences.” If the visa bulletin shows “current” or the letter “C” under your visa application preference category and your home country, it means visas are available under this category.
That means nobody has to wait under this category, and you should expect the NVC (National Visa Center) to contact you soon. If you are already in the country, you should prepare to file Form I-485 (immigrant visa application).
However, if this visa bulletin shows “unavailable” or the letter “U” on your visa application preference, it means visas are unavailable at the moment. In that case, you have to wait for the next deadline.
What it Means When the Visa Bulletin Charts Shows Dates Instead of Letters
Instead of the letter “C” or “U,” the visa bulletin could show dates on your visa application preference category. If that is the case, all visa applicants whose priority dates are before that particular date can submit their immigrant visa applications under that preference category.
Therefore, when you notice a date on your visa preference category, and this date is later than your priority date, you should prepare to file your immigration visa application. If you are already in the country and planning to adjust your citizenship status, the USCIS office could allow you to file your green card application early.
To determine whether or not you can file your application early, you should go to the USCIS website. Once on the website, you should go to the visa bulletin page, where you will find Adjustment of Status Filing Charts. On these charts, you will find crucial information that you need to know whether or not you can file your visa application before the priority date becomes current.
These charts could show separate or similar priority dates as in the published visa bulletin. If these charts show a separate “Dates for Filing Chart,” you could be eligible for an early visa application to receive the permanent residency you want.
What it Means When Your Priority Date Retrogrades
Usually, the cut-off dates in the visa bulletin move forward with time, pushing green card applicants ahead in line. However, this is not always the case every month of the year. Sometimes, when green card applicants are several in a preference category than the USCIS office anticipated in a particular month, the cut-off dates for the oncoming month could move backward.
When this happens, you can say the “priority date retrogression” has occurred, and it is most common at the end of the fiscal year (around September). When the priority date retrogrades, there is nothing much you can do but wait until your priority date is current once again because the USCIS will archive your visa application, meaning it will not be processed.
Generally speaking, your priority date is something you should not assume once your family petitioner or potential employer files Form I-130 because it will remain relevant until you receive the needed green card.
Having an attorney in your corner is the key if you want to increase your chances of qualifying for an immigrant visa or green card. In addition to being your legal counsel, your immigration attorney will help you track your visa waiting period or priority date to know when you can continue with your immigration visa or green card application.
What to Do When You Change Your Address
Failing to take the necessary steps after a change of address included in your initial visa application can affect the waiting period for filing Form I-485. Therefore, if you, your potential employer, or your family petitioner changes his/her address, you should contact the NVC to inform them of this emerging issue.
Once you contact the NVC, they will keep your visa application papers until the priority date is near to becoming current. If you want to notify NVC of any change in your address, you can do so online via the Public Inquiry Form.
What to Do Once Your Immigrant Visa Priority Date Becomes Current
Although it could take a while, your visa priority date will indeed become current one day. In other simpler words, you will see the letter “C” or a later date on the “Dates for Filing Chart” once you open the visa bulletin website.
When that time comes, you should be happy because you are one step away from obtaining your green card to immigrate and move to this country for permanent residency, or adjust your status if you are already here. Once you notice your visa priority date is current, you do not have to wait for a government official to contact you.
Instead, it would help if you contact NVC for the necessary guidance on what to do to obtain your green card as soon as possible.
How to Apply for a Green Card Once Your Priority Date for an Immigrant Visa is Current
Generally, there are two ways you can apply for a green card or immigrant visa once your priority date becomes current, including:
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Adjustment of Status
You can only apply for adjustment of status if you are already overseas. When you do not hear from a government official within two weeks and are already overseas, you should contact the NVS office to ask for appropriate guidelines and instructions to continue with your green card application.
If you qualify to adjust your citizenship status, you should make your immigrant visa application via the USCIS office by filing Form I-485. To qualify for a green card, the USCIS must ensure that you are an immediate family member of a permanent resident or that your immigration status is illegal.
In some cases, USCIS officials could schedule an appointment to review your case and determine whether or not you are eligible for a green card. If an appointment is scheduled, the USCIS officials will expect you to appear at their office on the required date and on time to answer various questions under oath.
During this interview, the USCIS officials could require original copies of the following documents, which were attached to your petition for an immigrant visa:
- Official travel documents
- Your passport
If you have doubts about your eligibility to adjust your citizenship status, do not take any chances. Your immigration attorney can assess your unique case details to determine whether or not you are eligible to adjust your status to live here as a permanent resident.
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Consulate Processing
Another way to apply for a green card once your priority date becomes current is through the U.S consulate or embassy in your home country if you are not here already. To that end, consular processing refers to the process of applying for a green card through the U.S consulate or embassy in your home country.
Generally speaking, the most common path of obtaining a green card or immigrant visa to live or work here is through consulate processing since most applicants are outside the country. When you contact the NVS office or when they contact you, they will inform you about the visa processing fee and the relevant supporting documents you should attach to your petition.
Once your green card is available and the consulate office has all the necessary supporting documents, they will schedule an interview with you. The consulate officer in charge will review your application documents and decide whether or not you are eligible for a green card or immigrant visa.
Unlike USCIS officers, a consulate officer cannot deny your visa application based on discretion, meaning he/she must have adequate evidence to support his/her reasons for denying or refusing your application. However, when the consular officer denies your application, you could lose your opportunity to immigrate because it is generally non-reviewable, meaning it is the final decision.
The rule of thumb is to work with an attorney if you want to increase your chances of obtaining a green card, regardless of your current location. Your immigration attorney can accompany you in your interview with a consular officer or USCIS officer to convince them you are an excellent candidate to receive a green card.
What Should I Do if I Did Not Receive Immigration Visa Current Date Notification
Some qualifying would-be immigrant visa applicants could forget to visit the visa bulletin website, and their immigrant visa priority date or waiting period passes without their knowledge. Another possible reason you did not receive an immigrant visa current date notification is that:
- The NVC tried to contact or notify you about your visa application becoming current, but they had your old address details.
- The NVC did not keep an eye on your personal file
Unfortunately, these problems or mistakes can delay your visa waiting period or ruin your hopes or plans of immigrating. That is why it is critical to have an attorney on your side to help you track your visa priority date on the visa bulletin website to know once it is current for the appropriate cause of action.
Generally speaking, you have not more than one (1) year after receiving a notification about your immigrant visa priority date to continue with your green card application. If you fail to do so, the USCIS office will consider your visa application as “abandoned,” meaning the person next in the waiting line will receive your immigrant visa number.
Although you could have a concrete argument to retain your visa number if the NVC did not make any attempts to call or contact you, it is advisable to avoid these situations altogether.
Find an Los Angeles Immigration Attorney Near Me
We invite you to call reliable attorneys at California Immigration Attorney at 424-789-8809 if you or a loved one needs an immigrant visa to live or work in the U.S.
Apart from being your legal counsel through this process, we will help you understand the mechanics of the priority date to begin the adjustment of status or consular processing process as soon as possible.
As seen above, understanding priority dates for immigration visas, especially if you are an applicant, is critical because it is a green flag for you to make the final step of the visa application.