Five Things You Probably Didn’t Know About F5 Priority Date | F5 Priority Date

If the original petition for a Federal lawsuit has been approved by the U.S. District Court then it will be referred to a “priority date.” In order to capture a “priority date” the attorney must file an application with the court, in most cases by fax, and then wait a specific amount of time. During this period the attorney may re-apply for the Federal lawsuit. The original petition was granted on a priority date.

In order to determine the date that the original lawsuit was filed, the U.S. Department of Justice issues a report called the Annual Adjustment List. This list is available on the Federal Register of Criminal History. In years past the final three priority dates were set by the USCIS. Recently however, the United States Immigration Services (USCIS) has determined that they no longer have jurisdiction over these final dates.

The final three priority dates are referred to as “EBD-2” dates. These dates occur when the request for stays will be processed by the department of immigration. An e-b-2 certificate must be submitted to the USCIS upon receipt of an application for adjustment of status. If the applicant has obtained an employment-based visa (student visa, nonimmigrant visa, green card) and his or her status has been terminated (removed from the country), an e-b-2 can be submitted.

The final two steps in the process of capturing an eb-2 are recapturing priority dates. Once an application for change of status has been filed, the alien may not apply to take a six month leave of absence, except to apply for immigration parole. Once the applicant has obtained a final recognition letter from the USCIS or has been discharged from removal, an application for adjustment of status must be submitted. It is important to note that if the alien's employment is terminated, that period of exclusion expires immediately.

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Two steps must be followed in order to capture the first preference date: first, the date must be documented in writing; and second, the application must be filed with the USCIS by the applicant no later than 30 days from the date of separation. The applicant must also provide written permission for the agency to use the first preference category. The first preference category is designated “P” for “priority admission.” Once the application for first preference status is received, the applicant will be assigned a score that is based on a mathematical formula determined by the USCIS.

There are several options available in recapturing priority dates. The applicant may file an application for a certificate of adjustment of status in the same name as the original petition. Alternatively, the petition can be filed with the appropriate U.S. Citizenship and Immigration Services (USCIS) regional office. In addition, the petition can be filed with USCIS directly, or through the local U.S. consulate.

The second option for capturing the first preference categories after separation is called “O-utory.” In this option, the original petition is filed with the USCIS instead of the designated regional office. There is another potential limitation in this option. The applicant cannot change his or her name during the period that an O-utory petition is filed with the USCIS or after it has been rejected.

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The third option, known as “Kurzban,” is very similar to the f4(a) request described above. ” Kurzban” is the German word for pot. The Kurzban procedure is employed when the applicant requests discretionary benefits (cash, medical care, social security, etc.) on the basis of being a dependent of a foreign national with permanent residence in the United States.

recapturing priority dates | f4 | priority date | priority | cases} Rebound cases are the subject of another option, referred to as “permanent petition.” Under this option, the applicant can file a request for review with the Executive branch within a specific time-frame. If the initial applicant's request for review is approved, the next step is to file an application for adjustment of status, which is referred to as “permanent petition.” The applicant can file this form with the appropriate regional office at any point up until the date of the expected final ruling. The benefit authorized under the permanent petition is not affected if the original application for adjustment of status is denied. In some cases, this alternative allows the person to retain his or her original eligibility for benefits.

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