1. How does the priority date affect the processing time for Form I-912?
The priority date does not affect the processing time for Form I-912. Processing times for Form I-912 vary depending on the type of request, the number of applications that are pending processing, and the workload of the service center processing the form. You can check the current processing times for Form I-912 on the USCIS website.
2. Does the priority date affect the processing time for requests for exemptions from filing fees?
Yes, the priority date affects the processing time for requests for exemptions from filing fees. In order to receive an expedited decision on an exemption from filing fees, applicants must submit their requests with a priority date that is earlier than the filing date of the application. Requests that are submitted with a priority date that is later than the filing date of the application will be processed in order of filing date.
3. What is the impact of priority dates on applications submitted by VAWA self-petitioners?
Priority dates have an important impact on applications submitted by VAWA self-petitioners because they determine the order in which their applications will be processed. Priority dates are set by the Department of State and are based on the date of filing the application. Those who file earlier will have their applications processed sooner and generally receive their green cards faster than those who file later. This can be especially important for VAWA self-petitioners, many of whom are fleeing violent situations and need to be granted safety as soon as possible.
4. Does the priority date for Form I-912 affect eligibility for fee waivers?
No, the priority date for Form I-912 does not affect eligibility for fee waivers. Fee waivers are determined solely by a person’s income level and ability to pay.
5. What happens if the priority date on a Form I-912 application is not current?
If the priority date on a Form I-912 application is not current, the application for fee waiver will not be accepted and will be returned. A current priority date is one that is within the published range in the U.S. Department of State’s Visa Bulletin that corresponds to the applicant’s category of immigrant preference.
6. Are priority dates assigned to applicants who request a fee waiver?
Yes, priority dates are assigned to applicants who request a fee waiver. The priority date is the date on which the application is received for processing.
7. How is the priority date determined for Form I-912 applications?
The priority date for Form I-912 applications is determined by the date the USCIS receives your properly filed application. The date must be written on the cover page of the application.
8. Is there an expedited processing time for Form I-912 fee waiver applications with a current priority date?
No, Form I-912 fee waiver applications do not have an expedited processing time. The processing time for Form I-912 is based on the USCIS workload.
9. Does a current priority date on a Form I-912 request guarantee that it will be processed quickly?
No, a current priority date on a Form I-912 request does not guarantee that it will be processed quickly. The processing time for Form I-912 requests depends on the individual case and the current workload of the U.S. Citizenship and Immigration Services (USCIS).
10. Is there a specific time frame for prioritizing applications based on their priority dates?
Yes. The U.S. Citizenship and Immigration Services (USCIS) follows a specific time frame for processing visa applications based on the priority date, which is the date when a foreign national’s visa petition was filed with USCIS. The USCIS generally begins adjudicating applications based on priority dates in the order in which they were received.
11. When will an application be considered current if its priority date is not current when filed?
An application will be considered current if its priority date is no older than the “cutoff date” published in the monthly Visa Bulletin. The cutoff date is the date when applications for a particular type of visa can be approved. The Visa Bulletin is updated each month and can be found on the U.S. Department of State website.
12. What are the consequences of submitting a Form I-912 application with an expired priority date?
An expired priority date on a Form I-912 application will result in the USCIS rejecting it and returning the filing fee. If the petitioner resubmits the application, they must include a new filing fee and ensure the form is up-to-date.
13. How long will it take to process a Form I-912 application with a current priority date?
It typically takes between 4 and 6 months to process a Form I-912 application with a current priority date.
14. Can an applicant request an earlier priority date on their Form I-912 request for fee waiver?
No, an applicant cannot request an earlier priority date on their Form I-912 request for fee waiver. The priority date is assigned by USCIS when the application is received and cannot be changed.
15. What information is included in Form I-912 application that affects its priority date?
Form I-912 includes the applicant’s name, date of birth, country of birth, and the date the application was submitted. These pieces of information are necessary to determine an applicant’s priority date for the processing of their application. A priority date is the date used to determine when a particular application will be processed in comparison to others.
16. Are there any exceptions to the priority date requirement for filing fee waiver requests?
Yes, there are exceptions to the priority date requirement for filing fee waiver requests. For instance, if the applicant is a low-income individual or household, they may be eligible for a fee waiver even if their priority date has been missed. Additionally, some applicants may qualify for a fee waiver due to their military service or other extenuating circumstances.
17. Are extensions of time available for applicants whose priority dates are not current?
No, priority dates must be current in order to be eligible for a visa. However, the Department of State will periodically publish information regarding upcoming visa availability dates. This information is available on the Department of State website.
18. Will USCIS process a Fee Waiver Request if the Priority Date is expired?
No, USCIS will not process a fee waiver request if the priority date has expired.
19. How often does USCIS update the Priority Dates on Form I-912?
The Priority Dates on Form I-912 are updated by USCIS on the first of each month.
20. How can an applicant check their Priority Date on their Form I-912 Application?
An applicant can check their Priority Date on their Form I-912 Application by logging into the USCIS website, accessing their account, and selecting the “Check Your Case Status” option. This will provide a detailed status update on the case, including the Priority Date.