Here’s What No One Tells You About Immigrant Visa Priority Date
The immigrant visa priority date is an important time in the life of any immigrant. The date shows the order that application was processed through out the system. This information will be extremely important to those applicants that have been waiting for their turn to be processed. If this is the first time you are going to apply for an immigrant visa it may take a bit longer.
When an immigrant visa priority date has been reached, the immigrant visa petition that is being filed becomes available to the assigned officers. At this point the petition will be referred to a designated agent. On this same date the assigned agent will decide if the applicant needs to be referred to a specialist for further questioning or they can decide to make the adjust status hearing before them. If the applicant is not eligible for the adjustment status they will need to resubmit their visa application and their application will go back to the USCIS Field Office for further consideration. There will be a new set of criteria for the immigrant visa petition.
It should be noted that immigrant visa priority dates vary from country to country. For example, in the United States immigration system an immigrant visa priority date occurs once the green card application has been filed through the USCIS. In some cases an immigrant visa priority date occurs when the immigrant visa application has been filed through the country's Department of State. Some countries do not have a department of state associated with their immigration system.
When an immigrant visa priority date has been reached the assigned USCIS officer will allocate an individual to be placed on the case. There are different types of cases and different assigned officers. The officer assigned to your case is also responsible for assigning an attorney based upon the type of case. Some of the categories the assigned immigration lawyers fall into include: family-based green card petition, employment green card petition, dependent family-based green card petition, dependent employment green card petition and unescorted child immigrant status determination. Once your case has been assigned an immigration lawyer will be assigned to your case. This person will be responsible for communicating with you and your consul or representative in your jurisdiction.
An immigrant visa lawyer is important because they are responsible for representing you before the USCIS so that your rights are protected. You must be represented by your rights attorney or else you will not receive the benefits that you are entitled to under the law. If your petition is denied you will not be able to obtain what you are owed under the law until the hearing date arrives. The period of time between the denial and hearing varies from one case to another but can take several years.
One of the benefits that you are entitled to as an immigrant visa applicant is to adjust status to CSPA status. If you do not know when your immigrant visa application status will change it is important to know. You should learn when the USCIS makes a decision on your application based on your change of condition or if your beneficiary is added to your family. If your beneficiary is added to your family, your immigrant visa application status will become current. As long as you are in compliance with the terms of the law by the designated deadline (usually 30 days) your CSPA age will change and you will acquire permanent resident status.
You should be aware that if your status changes before the specified deadline (such as due to removal) you are not necessarily lost. There are ways to have your visa status changed to CSPA status as quickly as possible. If you wish to be removed from the country and you fail to appear at the designated place of processing within a reasonable amount of time you may be removed from the country and lose your green card. The penalties for this are very severe and include fines, jail time, and more.
There are ways to avoid these penalties by waiting to receive your immigrant visa. Your visa application is usually processed in six to eight weeks from the date it was submitted. For those immigrants who become current on their application it typically takes about three months to become current (CSPA) and about six months to become licensed to reside in the United States.
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