With growing uncertainty regarding the Biden administration’s new Biden administration’s new policies on the southern border, there is much talk of the family petition as a way to reunite many families separated by the bureaucratic hurdles of immigration processing and the recent crisis with CBP One app.
Now, in this sense, if we are talking about family immigration, we must first be clear about an extremely important concept for all those who seek to legally enter the United States to reunite with their loved ones: the priority date.
That’s why the experienced attorneys at Jaskot Law will explain what the family-based priority date is all about, along with a chart of immigration priority dates so that you have all the information you need to reunite with your loved ones in the United States.
What is a “priority date”?
In the U.S. immigration system, a priority date is the time at which a family member or employer in the United States files an immigration or visa petition with USCIS or the Department of State. It establishes the order in which applications will be considered, determining when an applicant can move forward in their immigration process and where they must await the outcome from USCIS.
On the other hand, there is also the “early priority date,” which generally indicates that the applicant is more likely to move quickly toward obtaining permanent residence or the corresponding visa. However, due to the annual limits established for certain visa categories, there may be delays or postponements in the priority date of some cases, which may delay your immigration process.
Therefore, it is important to have the support and legal advice of an immigration attorney who can help you choose the best and most expeditious course of legal action for your case. At Jaskot Law we can help you with any delays in your visa application. Contact us at +1 (410) 235-6868 or send an email to [email protected].
How do I know what my priority date is?
The Priority Date is a key element in the U.S. immigration system and determines an applicant’s position on the waiting list to receive an immigrant visa. To find out what your Priority Date is, you must follow these steps:
Identify your visa category
Identify the visa category to which you belong. It can be a family request-based category or an employment-based category.
Review the Visa Bulletin
Once you know your category, check the Visa Bulletin (BV). This is a guide published monthly by the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State, which determines who is eligible to receive an immigrant visa.
Access to the latest Visa Bulletin
The most recent Visa Bulletin can be found on the official Department of State or USCIS website. This is presented in table format and shows the cut-off dates for each visa category and country of origin.
Identify your preferred category
Determine which preference category your immigration petition falls into, such as whether you are an unmarried son or daughter of a U.S. citizen (F1) or a brother or sister of an adult U.S. citizen (F4).
Find your country of origin or cargo area
The table may have different priority dates for specific countries or cargo areas that are experiencing a high demand for visas. Please also note that some countries, such as Mexico, may have preference categories with deferred priority dates due to high demand.
Search for the corresponding priority date
Once you have identified your preferred category and country of origin or cargo area, look for the most recent priority date in the table. If your priority date is before or on the same date as the one shown in the table, it means that your application is being processed.
It is important to note that the Visa Bulletin is updated monthly, so you should check it periodically for any changes in the cut-off dates.
What is an immigration priority date table?
Now, knowing what a priority date is and where to find it, all that remains is to find out what an immigration priority date table is and what data it contains. In principle, let’s say it is a tool used to determine the order of consideration of immigration applications based on the date the application was filed. It is therefore a very important resource for those who wish to immigrate to the United States through a family or employer petition.
A table of immigration priority dates shows the different immigration preference categories, the priority date corresponding to each, and indicates whether or not the category is available in a given period. However, it is important to note that any table of priority dates is subject to change on a monthly basis, and it is necessary to consult the most recent Visa Bulletin published by the U.S. Department of State for updated information.
Remember also that a priority date chart is only a tool to estimate the waiting time in the immigration process and it is important to have specialized legal advice to fully understand your situation and the implications of the priority dates in your specific case.
At Jaskot Law we can give you the legal help you need in this kind of immigration process. Contact us today at +1 (410) 235-6868 or [email protected] and take the first step towards a better future in the United States.
What happens when my priority date arrives?
Once your priority date arrives and your petition is approved, you will obtain your immigrant visa and will be able to apply for permanent residency in the United States. However, it is important to note that some permanent residence categories must wait for an update of their priority date to continue with the process and, in general, such an update occurs after the initial visa petition is approved.
This means that a foreign national with an approved USCIS visa petition may not have a visa number immediately available from the U.S. Department of State.
Why is the family immigration priority date important?
The priority date is of paramount importance in the categories based on family request in the U.S. immigration system, since the same establish the family relationships that qualify for family-based immigration applicationssuch as spouses, unmarried children under the age of 21 and parents of U.S. citizens.
As we have seen, the priority date determines the order in which applications will be considered and when applicants will be able to move forward in the immigration process, as well as to determine the applicant’s priority based on visa availability. Each visa category has a set annual limit and often there are more applications than visas available. In this way, the priority date is used to establish the seniority of an application and determine who can advance to the next stage of the process.
This is why an early priority date in a category based on family petition, for example, is beneficial, as it indicates that the applicant could receive a visa more quickly. Those with earlier priority dates will generally have the opportunity to complete the immigration process earlier than those with more recent priority dates.
However, it is important to note that priority dates may be postponed in some circumstances due to annual limits and other factors. Therefore, once again we remind you of the importance of keeping an eye out for changes in the most recent Visa Bulletin, where you can find the table of immigration priority dates with the latest information.
What are the priority date categories based on family petition?
So now we know what a priority date is and why it is extremely important in family-based immigration proceedings. Now, as we know from our guide to filing a petition from citizen parent to married childUSCIS establishes certain preference categories.
This means that, depending on the relationship of the petitioner to the beneficiary, he/she will be given higher or lower priority in the granting of a visa. This is extremely important, since the category of a priority date based on family petition is determined by these preference categories according to the relationship between the applicant and the beneficiary.
Therefore, the following is a list of the most common categories along with a brief explanation of each one:
- F1 – Unmarried Major Children of U.S. Citizens: This category includes unmarried children over 21 years of age of U.S. citizens. The priority date is determined at the time the family petition is filed by the U.S. citizen.
- F2A – Spouses and Minor Children of Permanent Residents: This category includes spouses and children under the age of 21 of lawful permanent residents of the United States. The priority date is established at the time the family petition is filed with USCIS.
- F2B – Unmarried Adult Children of Permanent Residents: Unmarried children over the age of 21 of lawful permanent residents of the United States are included in this category. The priority date is determined at the time the family petition is filed by the permanent resident.
- F3 – Married Children of U.S. Citizens: This category covers married children of U.S. citizens. The priority date is established at the time the family petition is filed by the U.S. citizen.
- F4 – Siblings of U.S. Citizens: Siblings of U.S. citizens are included in this category. The priority date is determined at the time the family petition is filed by the U.S. citizen.
Please note that priority dates may vary for each category and are subject to change on a monthly basis based on availability and visa demand. Therefore, it is important to regularly consult the Visa Bulletin for updated cut-off dates and to determine eligibility status in the family-based immigration process.
Remember that at Jaskot Law we are always available to provide you with the legal assistance you need in immigration proceedings and family petitions. Contact us today at +1 (410) 235-6868 or [email protected] and take the first step towards a better future in the United States.
Sources
Travel.state.gov – Visa Bulletin For June 2023.USCIS – Adjustment of Status Filing Charts from the Visa Bulletin.
USCIS – Adjustment of Status Filing Charts from the Visa Bulletin.
Frequently Asked Questions
What is a “priority date”?
A “priority date” is the time at which an immigration or visa petition is filed with the U.S. Citizenship and Immigration Services (USCIS) or the Department of State. This date establishes the order in which applications will be considered and determines when an applicant can move forward in the immigration process.
How do I know what my priority date is?
To find out your priority date, follow these steps:
1) Identify your visa category, either family-based or employment-based.
2) Review the Visa Bulletin, a guide published monthly by USCIS and the U.S. Department of State. Find the latest newsletter on their respective websites.
3) Locate your visa category and look for the column corresponding to your country of origin in the Visa Bulletin table.
Identify the cut-off date shown in the table. If your Priority Date is before the cutoff date, it means you are eligible to proceed with your immigration application.
What is an immigration priority date table?
An immigration priority date chart is a tool used to determine the order of consideration of immigration applications based on the date the application was filed. This table shows the different immigration preference categories, the priority date corresponding to each of them and whether or not the category is available in a given period.
What happens when my priority date arrives?
Once your priority date arrives and your petition is approved, you will be able to obtain your immigrant visa and apply for permanent residency in the United States. However, some permanent residency categories must wait for their priority date to be updated before continuing with the process.
Why is the family immigration priority date important?
The priority date is of utmost importance in the family-based petition categories in the U.S. immigration system. This date establishes the order in which applications will be considered and determines when applicants will be able to move forward in the immigration process. It is also used to determine the availability of visas in each category. Each visa category has a set annual limit and the priority date is used to establish the seniority of an application and determine who can advance to the next stage of the process.
