1. What is a priority date?

A priority date is the date on which the United States Citizenship and Immigration Services (USCIS) received a person’s application for a certain visa or immigration benefit. It is the date that determines an individual’s place in line for the review of his or her application. If a person has an earlier priority date than another person for the same benefit, that person will be processed before the other person.

2. When is a priority date established for a derivative beneficiary?

The priority date for a derivative beneficiary is established when the principal beneficiary files their application for permanent residence with U.S. Citizenship and Immigration Services (USCIS).

3. How does a priority date affect the ability of a derivative beneficiary to obtain an immigrant visa?

A priority date affects the ability of a derivative beneficiary to obtain an immigrant visa by setting the order in which visa petitions are processed. Priority dates are set when a petition is received, and they determine when an applicant can have their case processed. If the priority date for the applicant’s petition is earlier than the “Cut-off Date” listed on the Department of State’s Visa Bulletin, then their petition will be processed and they will be able to obtain an immigrant visa. If the priority date is after the cut-off date, then their petition will not be processed until the cut-off date moves forward.

4. Can a derivative beneficiary establish a priority date earlier than the principal beneficiary’s priority date?

No, the derivative beneficiary cannot establish a priority date earlier than the principal beneficiary’s priority date. The priority date of the derivative beneficiary is determined by the principal’s priority date.

5. Can a derivative beneficiary’s priority date be affected by any other applications filed by the principle beneficiary?

Yes, a derivative beneficiary’s priority date can be affected by other applications filed by the principle beneficiary. This is because the priority date for the derivative beneficiary is generally derived from the priority date of the principal petitioner. If the principal petitioner has an earlier priority date due to an earlier application, then the derivative beneficiary’s priority date will also be earlier.

6. How quickly can a derivative beneficiary receive an immigrant visa after the priority date is established?

The processing time for an immigrant visa for a derivative beneficiary depends on several factors, including the type of immigrant visa application, the country where the beneficiary resides, and the demand for visas in that particular category. Generally speaking, a derivative beneficiary can receive an immigrant visa within a few months to one year after the priority date is established.

7. Does the derivative beneficiary have to wait for the principal beneficiary to get their visa before they can get theirs?

No, the derivative beneficiary does not have to wait for the principal beneficiary to get their visa before they can get theirs. The derivative beneficiary may be eligible to apply for their visa at the same time as the principal beneficiary.

8. What happens if a derivative beneficiary’s priority date is earlier than the cut-off date for their category?

If a derivative beneficiary’s priority date is earlier than the cut-off date for their category, they may be eligible for an immigrant visa or adjustment of status if their priority date is earlier than the date listed on the Visa Bulletin. However, they will likely need to wait until a visa number is available and the cut-off date is more current before they can proceed with their application.

9. How does a child’s age affect their priority date?

The age of a child affects their priority date in that the child must be under the age of 21 when the parent files for their green card in order to be able to receive derivative status. This means that if the child is over the age of 21, they will need to wait for their own priority date, and will not be able to use their parent’s priority date.

10. Does having a Priority Date guarantee that the derivative beneficiary will receive an immigrant visa?

No, having a priority date does not guarantee that the derivative beneficiary will receive an immigrant visa. The priority date only ensures that the application is considered when a visa becomes available. The applicant must still meet all eligibility requirements to be approved for a visa.

11. Will the Priority Date be affected if the family relationship between the Principal Beneficiary and Derivative Beneficiaries changes or becomes invalid?

No, the priority date will not be affected if the family relationship between the Principal Beneficiary and Derivative Beneficiaries changes or becomes invalid. However, this could lead to processing delays for the Derivative Beneficiaries.

12. Is there any way to find out what the current cut-off date is for derivative beneficiaries in each category?

The U.S. Citizenship and Immigration Services (USCIS) does not publish cut-off dates for derivative beneficiaries. The current processing times for I-485 applications indicate the overall processing time for a particular case. For more information, you can contact your local USCIS office or call the USCIS Customer Service hotline at 800-375-5283. If you are applying for a green card through a family member, your family member should be able to provide you with an estimated timeline.

13. Does having multiple derivative beneficiaries affect the priority date for each of them?

No, the priority date is determined by the date the original I-130 form is filed. The derivative beneficiaries should receive the same priority date as the principal beneficiary.

14. What are the consequences if a derivative beneficiary’s priority date is later than the cut-off date for their category?

If a derivative beneficiary’s priority date is later than the cut-off date for their category, they will not be able to apply for permanent residence in the United States through the family-based immigration system. They will need to seek alternative immigration options, such as employment-based immigration or other special immigration categories.

15. How can one determine their Priority Date?

The priority date for a permanent resident visa petition can be found on the receipt notice from the United States Citizenship and Immigration Services (USCIS). It is important to keep this receipt notice, as it also contains other important information such as the case number and filing date. Additionally, an individual can also view their priority date on the USCIS website by entering their Alien Number.

16. Is there any way to expedite the processing of an immigrant visa application for derivative beneficiaries?

No, there is no way to expedite the processing of an immigrant visa application for derivative beneficiaries. The visa processing times are determined by the National Visa Center (NVC), and these times cannot be expedited.

17. What are some common mistakes that can delay or stop the processing of an immigrant visa for a derivative beneficiary?

Common mistakes that can delay or stop the processing of an immigrant visa for a derivative beneficiary include:

-Incorrect or incomplete application forms
-Incorrect passport documentation
-Incorrect or incomplete evidence of financial support
-Failure to submit required civil documents, such as birth and marriage certificates
-Failing to provide proof of relationship to the primary beneficiary
-Failing to provide proof of health insurance
-Failing to provide evidence of good moral character
-Failing to meet the medical requirements
-Failing to pay the necessary fees

18. Can derivative beneficiaries apply for adjustment of status even though they do not have an immigrant visa petition approved yet?

No, derivative beneficiaries are not eligible to apply for Adjustment of Status (AOS) until they have an immigrant visa petition approved.

19. Are there any restrictions on travel outside of the U.S. after a priority date has been established for a derivative beneficiary?

Yes, there are restrictions on travel outside of the U.S. for derivative beneficiaries after a priority date has been established. Depending on the individual’s country of origin, it may be necessary to obtain an immigrant visa from the U.S. embassy or consulate in that country before being permitted to return to the U.S. Travel outside of the U.S. may also affect an individual’s ability to adjust their status in the future.

20. Are there any special rules or considerations that apply to unmarried minor children of principal beneficiaries when establishing a priority date?

Yes, unmarried minor children of principal beneficiaries may be permitted to retain their parents’ priority date for the purpose of a visa petition and in some cases, may also be eligible for special considerations. It is important to consult with an experienced immigration attorney for more information and to understand the full scope of any applicable rules and considerations.