The primary appeal in an immigrant visa application is the date it must be filed. This can often be a challenge for those who have not completed all of their paperwork and are not even aware that they have filed their visa application. By taking the necessary steps to file your visa application as soon as possible, you will ensure that you have fulfilled all of your responsibilities and that your visa application is received by the United States authorities promptly. Here is some general information about when you should file your immigration application.
The application must be filed with the appropriate office within seven days of the submission of your fingerprints. In most cases, the application must be filed with the U.S. immigration authorities or the state department before the twenty-five day deadline on that date. The filing date of your visa application is known as the applicant's” Priority Date.” If your application is filed after the twenty-five-day deadline, the applicant may still be able to request an interview, however, that interview will be scheduled as part of the next processing cycle. In some cases, however, a visa may still be denied if the application is submitted after the twenty-five day deadline.
Some applicants become Current or Change their Status. In order to change their status from current to particular, they must wait longer than the seven days from when they filed their visa application, but no less than two years. Again, applicants must request an interview or wait longer than two years in order to change their status from current to particular. This requirement applies equally to Permanent Residence Card applications.
After the specified deadline, however, some citizens choose to relinquish their priority status. A relinquishing of priority means the applicant has lived in the United States for several years and has not received an immigrant visa. An immigrant with a non-immigrant status does not surrender their priority status until they are legally able to do so. After the relinquishment of priority, the immigrant is considered to be a dependent. This means the unmarried mother or father cannot receive benefits from the Government if their children are born in the United States.
Some green card holders choose to relinquish their status rather than reschedule their immigrant visa numbers. Before doing so, however, they must provide one year of accurate information. This is referred to as “residualization.” An immigrant petition can only be submitted to adjust a green card holder's status if they have lived in the United States continuously for more than three years. Residualization affects dependents who are younger than twenty-five years old.
When an immigrant seeks to adjust their status, their application is placed on the hold. At that point, the USCIS sends out a notice that tells all applicants that their visa numbers have been sold to other applicants. The agency then begins the process of locating and selling the remaining visas in its waiting pool. The USCIS will continue to sell visas at the same priority level until it sells all the visas in its pool. When it becomes impossible to locate any remaining visas to complete your adjustment, your application will be sent back to the waiting pool where the USCIS will search for a replacement.
If you were born on a particular month but have moved since your birth date, you will still receive a notice of preference if you filed a claim when that particular month was assigned a priority date. In addition, if you filed a claim but were born on another month, you will not automatically be sent back to the same month that your claim was filed. You can check with the State Department of Health Services website to determine which months you were born.
There are several ways to stay in the country once you have become a legal permanent resident (green card holder). Some people choose to go back to their home country and apply for a green card through them. If this is the case for you, your visa will be denied if you do not qualify for an immigrant worker visa from your home country. However, if you have a legitimate visitor visa and you plan on returning to your home country, you can apply for parole after you have been admitted as a lawful permanent resident. For more information on the process of obtaining an immigrant worker visa and what to do if you are unable to obtain one, visit the USCIS website.
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