Understanding Priority Dates
The Immigration and Nationality Act provides that the admission of immigrants be numerically limited in sections 201, 202 and 203.
The Department of State publishes a monthly visa bulletin which updates the public the number of available visas, separated by the immigrant's country of birth and visa categories.
Examples of restricted and limited classes Numerically restricted classes include: · family-sponsored (other than immediate relatives) · employment-based (including investors and some special immigrant classes) · diversity (aka lottery) Non-numerically limited classes include: · special immigrants described in section 101(a)(27)(A) or (B) · legalization (section 245A) and special agricultural worker cases (section 210) · cancellation of removal cases (section 240A(a)) · registry cases (section 249) · immediate relatives described in section 201(b)(2)(A)(i) · certain refugees Priority Dates in General Generally, a priority date lets the public know who and when aliens can expect their case to be processed.
This only applies to aliens who are seeking immigration through the numerically limited visa categories (see above).
For other aliens, there is no difference between their filing date (when a complete application is filed, including all the requested evidence) and priority date.
The priority date is used to determine the beneficiary's "place in line.
" The size of the "line" varies depending on which visa category the beneficiary is applying for and the beneficiary's country of birth.
This general rule has many exceptions to it however.
For instance, a beneficiary can be affected by: · issuance of an individual labor certification for an employment-based immigrant petition · approval of a prior petition for the same beneficiary · termination of a job offer (for employment-based cases) or a relationship (for family-based cases) · rejection, withdrawal or denial of a visa petition Furthermore, agreements between USCIS and the public can affect the "line" as well, seen in LULAC and CSS v.
Newton for example.
Why Priority Dates are Important An alien cannot file apply for adjustment of status if there is no available number for their country of birth and preference category.
The alien's date must be current (indicated by a "C") or before the date listed on the Department of State website to adjust status.
Changing Priority Dates As already discussed, an alien's country of birth (along with preference category) usually determines the priority date.
However, in some circumstances, an alien may use another country to determine their priority date.
For example, an adopted child may be charged to the quota of his adopted parent's country (see Matter of Talbot-Phibbs, 11 I&N Dec.
371 (BIA, 1965)).
The reverse is not true however, a parent can never be charged to his child's country of birth.
Special circumstances apply for spouses as well, such as when the alien's spouse recently adjusted status (see Matter of N- , 8 I&N Dec.
369 (R.
C.
, 1959)).
The Department of State publishes a monthly visa bulletin which updates the public the number of available visas, separated by the immigrant's country of birth and visa categories.
Examples of restricted and limited classes Numerically restricted classes include: · family-sponsored (other than immediate relatives) · employment-based (including investors and some special immigrant classes) · diversity (aka lottery) Non-numerically limited classes include: · special immigrants described in section 101(a)(27)(A) or (B) · legalization (section 245A) and special agricultural worker cases (section 210) · cancellation of removal cases (section 240A(a)) · registry cases (section 249) · immediate relatives described in section 201(b)(2)(A)(i) · certain refugees Priority Dates in General Generally, a priority date lets the public know who and when aliens can expect their case to be processed.
This only applies to aliens who are seeking immigration through the numerically limited visa categories (see above).
For other aliens, there is no difference between their filing date (when a complete application is filed, including all the requested evidence) and priority date.
The priority date is used to determine the beneficiary's "place in line.
" The size of the "line" varies depending on which visa category the beneficiary is applying for and the beneficiary's country of birth.
This general rule has many exceptions to it however.
For instance, a beneficiary can be affected by: · issuance of an individual labor certification for an employment-based immigrant petition · approval of a prior petition for the same beneficiary · termination of a job offer (for employment-based cases) or a relationship (for family-based cases) · rejection, withdrawal or denial of a visa petition Furthermore, agreements between USCIS and the public can affect the "line" as well, seen in LULAC and CSS v.
Newton for example.
Why Priority Dates are Important An alien cannot file apply for adjustment of status if there is no available number for their country of birth and preference category.
The alien's date must be current (indicated by a "C") or before the date listed on the Department of State website to adjust status.
Changing Priority Dates As already discussed, an alien's country of birth (along with preference category) usually determines the priority date.
However, in some circumstances, an alien may use another country to determine their priority date.
For example, an adopted child may be charged to the quota of his adopted parent's country (see Matter of Talbot-Phibbs, 11 I&N Dec.
371 (BIA, 1965)).
The reverse is not true however, a parent can never be charged to his child's country of birth.
Special circumstances apply for spouses as well, such as when the alien's spouse recently adjusted status (see Matter of N- , 8 I&N Dec.
369 (R.
C.
, 1959)).