有關Priority Dates and Pending I

By: Beth Robertie, Esq.

Department of State每月都會在其Visa Bulletin裏更新priority dates的情況。不少人都關心到其priority dates及I-485申請的情況，以下為有關信息以供大家參考。

Every month the Department of State issues the Visa Bulletin updating which priority dates are current. Priority dates are determined by when the petition was filed, and vary based on the kind of petition that you have. If you are a Labor Certification beneficiary, your priority date is determined by the date on which your employer filed your Labor Certification. If you skipped the Labor Certification stage, then your priority date is the date on which you filed your I-140.

As provided for in INA § 245(a)(3), an alien may only apply for adjustment of status (by filing an I-485) if "an immigrant visa is immediately available." When priority dates retrogress, the immigrant visa is no longer immediately available. Thus, the alien may not apply for adjustment of status.

When there is visa number retrogression after an I-485 adjustment of status application is filed, as is the case for many of our clients, the application is held until the priority cut-off date listed in the Visa Bulletin of the Department of State again advances past the alien's priority date. As an adjustment of status applicant, and absent other grounds of ineligibility, the alien whose application is held remains eligible for employment authorization and advance parole.

For applicants who are affected by the retrogression who have already filed their I-485, once the priority date is again current the application to adjust will begin to be adjudicated. It is important to note that although the priority date is current, the application to adjust will not immediately be adjudicated. The next step is to check the processing dates of the relevant Service Center in order to determine whether the Service Center is processing petitions with your date. Once both your priority date is current AND the Service Center is processing applications with your date, then your approval will depend on other factors, such as the FBI background check and the presence of current biometrics. As many of you are aware, the FBI background check is notorious for delaying the approval of applications for months and even years. Clearly, getting an I-485 approved can be a long and frustrating process. In our experience, the best way to approach this process is with a healthy amount of diligence and patience.

本文由範毅禹律師事務所提供

本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。

www.Fan-Law.com

CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP.
370 E. Glenarm St., Pasadena , CA 91106
Tel: [phone] Fax: [phone]

MARYLAND : Fan, Fitzpatrick & Thompson, LLP.
230 North Washington Street, Suite 400 , Rockville , MD 20850
Tel: [phone] Fax: [phone]