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3 Lessons That Will Teach You All You Need To Know About Immigration Priority Dates | immigration priority dates

Immigration priority dates are set by employment status and immigration status of the individuals applying for a U.S. visa. Employment-based immigration priority dates set the earliest possible date that an immigrant may have their application approved for their permanent green card. A green card application is the first application that is submitted to the immigration system for processing.

When an immigrant's employment status changes, their immigration priority dates may change as well. For example, an immigrant who previously was eligible for a green card may now not qualify for that status. If they are unable to return to their country of origin and apply for admission to the United States, they may no longer qualify for an immigrant visa. Therefore, if they are traveling outside of their country of origin to work, their immigration status may change. If an individual who previously had their visa approved changes status from eligible to ineligible their visa may be denied. In such cases, it is important to work quickly to adjust the status.

The second type of change in status occurs if an immigrant's visa application has been approved and they would like to travel outside of their country of origin. In some instances, an applicant who had already obtained their green card and who would like to travel outside of their country of origin may have a longer wait period before they can have their visa approved. This is due to the fact that the immigration law does not recognize a change in status from eligible to ineligible until the earlier of the two is annulated in the Visa Bulletin. If an immigrant is traveling outside of their country of origin and would like to apply for admission to the United States, they should check the immigration law and their country of origin to ensure that they can continue to work in their country of origin while they are traveling abroad.

An immigration law that has been in effect for 10 years is called the Retrogression Clause. This clause bars immigrants from traveling outside of their home country for a specific period after two years. This guideline is meant to be used as a temporary fix during a country's immigration laws or as a revision to the rules that are in place once country-specific visa requirements are completed. In practice, however, the term may apply to any immigrant who wishes to travel outside of their home country after the specified two-year period expires. Hence, an immigrant who travels outside of their country of origin between the specified immigration laws and their permanent residence will find that their status will be retrofitted under the Retrogression Clause.

The next topic is how long it takes to make up one of the five-week extensions listed in section 603(b) of the Immigration and Nationality Act. As you likely know, section 603(b) authorizes the Secretary to suspend any laws that are in conflict with the terms of the green card or visa applications. Thus, it can be expected that any bills or directives that are in conflict with the law would be immediately suspended. However, this provision does not apply to laws that were in effect as of the date of this article. Hence, it is likely that the green card and visa applications currently in process will remain in effect as long as there are green card or visa applicants.

The final topic to discuss is that of employment-based visas. As noted above, section 603(b) of the Immigration and Nationality Act authorizes the Secretary to suspend all laws that are in conflict with the wishes of the green card or visa applicants. The pertinent employment based visas priority dates are: first released in August of 1996, the current schedule goes into effect on September first. Based on what has been reported, it appears that section 603(a) of the Immigration and Nationality Act may be used to temporarily eliminate employment-based visas. However, the language used in the Act does not use the term “or” and thus, it is unlikely that section 603(b) of the Immigration and Nationality Act could be used to suspend the marriages related to United States citizens or permanent resident aliens who are green card or visa applicants.

The current law also indicates that the Secretary can postpone a specific deadline for an immigration application. This can only occur if it is applicable according to the statutory requirements and if there is a financial hardship with respect to the delay. The relevant priority dates are as follows: first released in August of 1996, the current schedule goes into effect on September first. As previously stated, the statutory requirements do not allow the Secretary to postpone the spouses related to United States citizens or permanent resident aliens who are applying for green cards or visas.

Immigration Visa Bulletin provides an extensive list of approved visa categories and the recommended deadlines for submission of application and for the processing of visa applications. Based on information provided in the Visa Bulletin, an immigrant from one of the countries on the approved List of approved countries will receive a letter of authorization from the USCIS in six months from the month of submission of the visa application. If the immigrant would otherwise be denied admission, he or she will be required to submit an appeal as soon as possible. However, the applicant will still be required to comply with all the other terms and conditions of the law, including the filing of necessary documents.


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