Impact of Priority Dates on F-2B Visa Holders

1. What effect does the priority date have on F-2B visa holders?


The priority date is the date a visa petition was filed on behalf of an intending immigrant. If the priority date is current, then an F-2B visa holder may be able to submit an application for lawful permanent residency (green card) using the visa petition. If the priority date is not yet current, the applicant must wait until the priority date is current before submitting their application.

2. How can F-2B visa holders determine their priority date?


F-2B visa holders can determine their priority date by consulting the Visa Bulletin, published monthly by the U.S. Department of State. The Visa Bulletin contains the most recent priority dates for the various categories of family-sponsored immigrant visas. F-2B visa holders should refer to the chart for F2B visas, which lists the current priority dates for family-sponsored third preference (F3) cases. The priority date is listed as “Current” if there are no visa backlogs in that category, or as a specific date if there are backlogs.

3. What is the current priority date for F-2B visa holders?


As of June 2021, the priority date for F-2B visa holders is October 1, 2017.

4. How is the priority date determined for F-2B visa holders?


The priority date for an F-2B visa is determined by the date the sponsoring relative’s Form I-130 petition was filed with U.S. Citizenship and Immigration Services (USCIS). This is the same date used to determine the priority date for the principal beneficiary, who is the person whose petition was filed. The priority date will determine when an immigrant visa number is available to the F-2B beneficiary, and when they are eligible to file for their permanent residency.

5. How long does it take for the priority date to become current for F-2B visa holders?


The priority date needs to become current for F-2B visa holders in order for them to be able to apply for a green card. The waiting time for the priority date to become current varies depending on several factors, including the applicant’s country of birth and the family member’s category. Generally, the wait time for the priority date to become current can range from 6 months to more than 10 years.

6. What happens if the priority date is not current for F-2B visa holders?


If the priority date is not current for F-2B visa holders, they must wait until their priority date becomes current before they can apply for permanent residence in the United States. The priority date is determined by the date of the original petition filing.

7. How does the priority date affect processing times for F-2B visa applications?


The priority date affects the processing times for F-2B visa applications by determining when an applicant’s application will be eligible for consideration. The priority date is the date in which the Department of State (DOS) receives and assigns the visa application. Applications with earlier priority dates are processed before those with later priority dates. Therefore, applicants should try to file their applications as soon as possible in order to increase their chances of being processed quickly.

8. What are the benefits of having an earlier priority date for F-2B visa holders?


The primary benefit of having an earlier priority date for F-2B visa holders is that they are more likely to receive their green cards sooner than those with later priority dates. This gives them a better chance of remaining in the U.S. and having a better life for themselves and their family. Additionally, they can apply for work authorization and travel permission faster, which is another important benefit of having an earlier priority date.

9. Does the priority date have any effect on eligibility for F-2B visa holders?


No, the priority date does not have any effect on eligibility for F-2B visa holders. The F-2B visa is a nonimmigrant visa that allows the spouse and unmarried minor children (under 21) of a Lawful Permanent Resident to join the principal visa holder in the United States. The priority date only affects the processing of immigrant visas, which are reserved for those seeking permanent residency in the United States.

10. How often is the priority date updated for F-2B visa holders?


The priority date is updated each month, when the U.S. Department of State releases their Visa Bulletin.

11. What rights and responsibilities come with holding an F-2B visa with a current priority date?


A holder of an F-2B visa with a current priority date is allowed to:

• Live and work in the United States

• Travel freely in and out of the country
• Bring their family members to the US to live with them
• Attend school or receive medical treatment in the US
• Access Social Security or other government benefits

The holder of an F-2B visa also has certain responsibilities, including:
• Complying with immigration laws
• Registering with the US Selective Service (if applicable)
• Paying taxes
• Notifying their local USCIS office when moving
• Refraining from obtaining public benefits for which they are not eligible.

12. Does having a current priority date guarantee approval for an F-2B visa application?


No, having a current priority date does not guarantee approval for an F-2B visa application. The U.S. Citizenship and Immigration Services (USCIS) will review the applicant’s case to determine if they meet the requirements and if the applicant is eligible for the visa.

13. How does the priority date affect the ability to travel abroad for F-2B visa holders?


The priority date for an F-2B visa holder affects their ability to travel abroad in that the priority date has to be current in order for them to be able to travel. The priority date is the date when the visa petition was filed, and if it is not current then the visa holder is not eligible to travel. In some cases, the priority date can become current again, and the visa holder would then be able to travel.

14. What happens if the priority date becomes current after an F-2B visa application has been submitted but before an interview is scheduled?


If the priority date becomes current after an F-2B visa application has been submitted but before an interview is scheduled, the applicant can proceed with their visa application. The National Visa Center will process the application and will contact the applicant to arrange for an interview.

15. Are there any restrictions on when an interview can be scheduled for an F-2B visa application with a current priority date?


Yes, there are restrictions on when an interview can be scheduled for an F-2B visa application with a current priority date. Depending on the country, the applicant must have their priority date within the cut-off date listed on the Visa Bulletin for their country of origin in order to be eligible for an interview. Additionally, applicants must have their visa fees paid and all necessary documents prepared before they can schedule an appointment.

16. Does having a current priority date provide any additional benefits to the family of an F-2B visa holder?


No, having a current priority date does not provide any additional benefits to the family of an F-2B visa holder. The only benefit of having a current priority date is that the F-2B visa holder may be able to receive their visa earlier if a visa number becomes available before their priority date.

17. Are there other ways to expedite processing of an F-2B visa application besides having a current priority date?


No, having a current priority date is the only way to expedite the processing of an F-2B visa application.

18. Can an F-2B visa holder request that their priority date be advanced?


No, F-2B visa holders do not have the ability to request that their priority date be advanced.

19. Is there any way to check the status of a pending F-2B visa application based on its priority date?


Yes, you can check the status of a pending F-2B visa application based on its priority date by using the Visa Bulletin, which is published monthly by the U.S. Department of State’s Bureau of Consular Affairs. This bulletin contains the visa numbers available for issue and gives applicants an idea of the progress of their application.

20. Are there any special circumstances that could cause a delay in processing an F-2B visa application even with a current priority date?


Yes, the processing time for F-2B visas can be delayed due to circumstances such as: processing delays in the USCIS National Benefits Center, U.S. Embassy/Consulate abroad, or U.S. Department of State; an applicant’s failure to submit all required documents or information in a timely manner; or a requirement for additional administrative processing.