Introduction to USCIS Priority Dates

1. What is a priority date?


A priority date is the date that an application for a patent, trademark, or copyright is filed with the relevant government agency. It is considered the official filing date for that application and can be used to establish the order in which various applications were received. Priority dates are important for determining who has priority in the event of overlapping applications.

2. What are the categories of Priority Dates?


The categories of Priority Dates are:

1. Pre-1965 Dates
2. 1965-1978 Dates
3. 1979-1993 Dates
4. 1994-2008 Dates
5. 2009-2013 Dates
6. 2014-Present Dates

3. How does the USCIS determine the priority dates?


The Department of State (DOS) determines priority dates for visa petitions filed with U.S. Citizenship and Immigration Services (USCIS). The priority dates are based on a variety of factors, including the date a visa petition was received by USCIS, the total number of visas available for a given type of visa, and the current demand for visas from other countries.

4. What is the significance of the Priority Date for my immigration case?


The priority date represents the place in line for the applicant. The priority date is the day when the USCIS received a particular immigrant visa petition. It is used to determine when a person can apply for an immigration benefit such as adjustment of status or an immigrant visa. The priority date is especially important for those who are applying for a green card through a family member who has already filed an immigrant visa petition on their behalf. The priority date is used to determine which applicants are eligible to apply for a green card. Those with more recent priority dates usually have a better chance of obtaining their green card sooner.

5. How do I find out my priority date?


Your priority date is the date when you first filed your application. To find out the exact date, you can look it up in the United States Citizenship and Immigration Services case status online system.

6. How often does the USCIS change the priority dates?


The USCIS generally does not change priority dates for those already on the visa bulletin, however they may change priority dates for applicants who have recently filed or plan to file a new application.

7. What is the Visa Bulletin and how does it affect my Priority Date?


The Visa Bulletin is a monthly publication released by the U.S. Department of State that lists the availability of immigrant visas based on the Priority Date. The Priority Date is the date an applicant’s Form I-130 was received by U.S. Citizenship and Immigration Services (USCIS). If a visa number is not available for a particular preference category, the applicant must wait until their priority date becomes current before they can complete their immigrant visa application process.

8. How does a backlog of applicants affect my Priority Date?


A backlog of applicants will not affect your Priority Date. Your Priority Date is based on when your petition is properly filed with the appropriate government office. Once your petition has been filed, the Priority Date will remain the same regardless of the number of other applicants.

9. How can I check if my Priority Date has become current?


You can check the U.S. Department of State’s monthly Visa Bulletin to see if your Priority Date has become current. The Visa Bulletin is updated on a monthly basis and is available on the U.S. Department of State’s website. You can also contact the National Visa Center to inquire about your Priority Date and find out if it is current.

10. What is a preference category and what does it mean for my Priority Date?


Preference categories are a way of organizing the different types of immigrants who may apply for a U.S. Green Card. Each category has a different set of criteria that must be met in order to qualify. The Priority Date is the date when your application was filed with the USCIS, and it is used to determine when your application will be processed. It is important to note that priority dates can change over time, so it is important to stay up to date on these changes.

11. What is the Family-Sponsored Preference system and how does it affect my Priority Date?


The Family-Sponsored Preference system is a system that prioritizes the processing of certain family-based immigration petitions based on the preference category. The family-sponsored preference system was created to ensure that families are able to stay together, and is composed of five preference categories.

The Priority Date for each family-sponsored petition is based on the date the Form I-130, Petition for Alien Relative, is accepted as complete by the USCIS. This Priority Date becomes the applicant’s place in line and they will have to wait until their Priority Date reaches the cut-off date for their preference category before their case can be processed.

12. What is the Employment-Based Preference system and how does it affect my Priority Date?


The Employment-Based Preference System is a system in the United States immigration system that divides immigrants into five different categories based on their qualifications and the ability to fill labor gaps in the U.S. economy. The categories are First Preference (EB-1), Second Preference (EB-2), Third Preference (EB-3), Fourth Preference (EB-4), and Fifth Preference (EB-5). Every category has a different preference level that affects the priority date of each applicant, meaning the earlier you apply, the higher your priority date. The priority date determines when your application is processed and when you can receive an immigrant visa or adjustment of status.

13. How does Adjustment of Status affect my Priority Date?


Your Priority Date will remain the same after you adjust your status.

14. How do I adjust my Priority Date if I switch from one category to another?


Your Priority Date will automatically adjust when you switch categories. The Priority Date for the new application will be based on the date of filing for the initial application.

15. Is there a way to expedite my Priority Date?


Yes, there are several ways to expedite your Priority Date. These include filing an I-140 Employment-Based Immigrant Petition, filing an I-485 Adjustment of Status Application, participating in certain employment-based programs, obtaining an immigrant visa through a family member, or being granted a National Interest Waiver.

16. Can I travel outside of the US while waiting for my Priority Date to become current?


Yes, you can travel outside of the US while waiting for your Priority Date to become current. You can travel with a valid passport and a valid visa, or you can obtain an Advance Parole document from USCIS before you travel in order to be able to return to the US.

17. What should I do if I have an approved petition but my priority date hasn’t yet become current?


If you have an approved petition but your priority date has not yet become current, you should continue to check the Department of State’s Visa Bulletin regularly to track the progress of your priority date. When your priority date becomes current, you may take the next steps in the green card application process.

18. Does my Priority Date change if I have a K-1 or K-3 visa?


No, your priority date does not change if you have a K-1 or K-3 visa. Your priority date is the date that the United States Citizenship and Immigration Services (USCIS) received your petition. This date does not change regardless of the type of visa you have.

19. What is Diversity Visa Program and how does it affect my Priority Date?


The Diversity Visa Program, also known as the Diversity Immigrant Visa Program, is a lottery program that makes up to 50,000 immigrant visas available each year to persons from countries with low immigration rates to the United States. The program allows individuals from certain countries who meet certain eligibility requirements to become legal permanent residents of the United States. Each successful applicant will receive a green card which will allow them to live and work permanently in the United States.

The Priority Date is the date that an individual’s application for an immigrant visa is received by US Citizenship and Immigration Services (USCIS). Under the Diversity Visa Program, potential applicants are able to check their Priority Date on the Department of State’s Visa Bulletin. Depending on the country of origin, Priority Dates are assigned on a first come, first served basis. Therefore, if an individual’s Priority Date is earlier than the current date listed on the Visa Bulletin, they may be eligible to apply for a visa under the Diversity Visa Program.

20. What is the Child Status Protection Act and how does it affect my Priority Date?


The Child Status Protection Act (CSPA) is a federal law that provides certain protections to certain children whose parents are seeking permanent residence or citizenship in the United States. It allows a child to retain their classification as a minor even if their age would normally disqualify them under immigration laws. The CSPA also provides that if a visa petition or labor certification is approved on behalf of a child and the child turns 21 before the visa can be issued, the child’s priority date will be preserved from the date it was approved, rather than from the date it was received by the U.S. Citizenship and Immigration Services.