Understanding Priority Date and Visa Bulletin
For individuals seeking immigration to the United States, the priority date and visa bulletin are two crucial terms to understand. These concepts play a significant role in determining when an immigrant visa (green card) becomes available for issuance.
What is a Priority Date?
A priority date is the date on which a foreign national’s immigration petition was filed with the U.S. Citizenship and Immigration Services (USCIS). This date serves as a benchmark for determining the order in which visa numbers become available for the purpose of obtaining a green card.
Types of Priority Dates
There are several types of priority dates, each associated with a specific immigration category:
The Visa Bulletin
The Visa Bulletin is a monthly publication issued by the Department of State’s Bureau of Consular Affairs. It contains information on the availability of immigrant visas for each priority date category. The bulletin is used by USCIS and consular officers at U.S. embassies to determine whether a visa number is available.
How Does the Visa Bulletin Work?
The Visa Bulletin lists a “current priority date” for each category. This date indicates the earliest priority date for which visas are currently available. If your priority date is earlier than the current priority date, you may be eligible for an immigrant visa.
Checking the Visa Bulletin
The Visa Bulletin is typically released during the first two weeks of each month. You can check the latest bulletin on the Department of State’s (DOS) website. Visit the Department of State Visa Bulletin website for more information each month.
Aside from the DOS Visa Bulletin, individuals applying for adjustment of status must check, the USCIS Visa Bulletin Info.
Tips for Understanding the Visa Bulletin
Frequently Asked Questions
What is the difference between a priority date and a final action date?
A priority date is the date the immigration petition was filed. A final action date indicates the earliest priority date for which adjustment of status cases can be filed with USCIS.
However, keep in mind that when there’s a surplus of visas available in a fiscal year, USCIS may designate the “Dates for Filing Visa Applications” chart. This allows you to file your adjustment of status application earlier.
USCIS will state on its website that applicants may instead use the “Dates for Filing” chart for certain Visa Bulletins. Visit the USCIS Visa Bulletin Info page monthly to stay updated on the designated chart for each visa bulletin.
How often is the Visa Bulletin updated?
The Department of State Visa Bulletin is typically released during the first two weeks of each month. If you are filing an adjustment of status with USCIS, also visit the USCIS Visa Bulletin Info page monthly to stay updated on the designated chart for each immigrant visa category.
Can I expedite the processing of my immigration case?
Generally, you cannot expedite the processing of your green card case. In certain circumstances, it may be possible, but this is not guaranteed.
What should I do if my priority date is behind the current priority date?
If your priority date is behind the current priority date, you need to wait until your priority date becomes current. Only then you can apply for adjustment or status or an immigrant visa.
Can I adjust my status to lawful permanent resident while in the United States?
In some cases, it may be possible to adjust your status to lawful permanent resident while in the United States. However, this depends on your specific circumstances and the availability of visas. Contact an experienced immigration lawyer to determine if you can apply for adjustment of status.
Factors Affecting Visa Availability
Several factors can influence the availability of visas, including:
Malescu Law can assist
By understanding these Priority Dates and USCIS Visa Bulletin Charts, you can ensure timely filing of your green card application. This also allows you to better assess your eligibility and plan accordingly.
At Malescu Law, our experienced immigration lawyers assist companies and foreign nationals to successfully navigate the green card priority date and visa bulletin based on their immigrant category (family, employment or diversity visa).
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a consultation.
