Key Takeaways:
- Understanding your priority date in the US immigration process and what to do if it becomes current with a pending I-140 petition.
- Checking the current status of your priority date and dealing with the complexities of a pending I-140.
- Options to consider if your I-140 is still pending, including contacting USCIS, filing for adjustment of status concurrently, and seeking legal counsel.
Understanding Your Priority Date and What It Means for Your Immigration Process
If you’ve embarked on the journey toward U.S. permanent residency, you’re likely familiar with the term “priority date.” This date is crucial in the immigration process, as it determines your place in line for a visa. Essentially, it’s the date when your employer or relative first filed a petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS). But what happens if this priority date becomes current while your I-140 (Immigrant Petition for Alien Workers) is still pending?
Is Your Priority Date Current? Here’s Your Next Step
The “current” status of your priority date means that a visa number is available for your employment-based or family-sponsored preference category. You can check the current status of your priority date by comparing it with the Visa Bulletin published monthly by the U.S. Department of State.
When your priority date becomes current before your I-140 petition has been approved, it can be a bit confounding. While you might anticipate taking the next significant step toward adjusting your status to that of a lawful permanent resident, a pending I-140 can throw a wrench in the works.
If Your I-140 is Still Pending, Don’t Panic
It is important to maintain orderly communication with USCIS. For the most timely and accurate information, refer to the official USCIS website or contact an immigration attorney. If your priority date is current, and your I-140 is pending, you have a couple of avenues to explore:
- Contact USCIS: Check the status of your I-140 petition. Often, there are just administrative backlogs that cause delays. You can check your case status online or contact the USCIS Contact Center.
Consider Filing for Adjustment of Status Concurrently: If you’re in the United States, you might have the option to file for an Adjustment of Status (Form I-485) concurrently with your I-140, depending on your eligibility. This means you could file both petitions simultaneously.
Seek Legal Counsel: If navigation through your case becomes complex, consult an immigration attorney. They can provide guidance tailored to your specific situation.
Filing for Adjustment of Status with a Pending I-140
For those wondering whether you can proceed with filing an Adjustment of Status application despite a pending I-140, the answer is yes, if certain conditions are met. The USCIS allows for the concurrent filing of Form I-485, which can be beneficial in terms of timing. However, it’s crucial to understand that your Adjustment of Status application cannot be approved until your I-140 is approved. Thus, if your I-140 is denied, your I-485 application will also likely be denied.
When your priority date is current, and the I-140 is pending, proactive steps can ensure you are positioned for the next phase of the process. Keep in close contact with USCIS or your immigration lawyer, and be ready to act once your I-140 is approved.
In conclusion, while having a current priority date with a pending I-140 can feel like being in limbo, remember that you have options. Stay informed, follow proper procedure, and seek professional advice if needed. Your path to permanent residency continues to progress, as long as you navigate it with patience and informed action.
So, my friend, now you understand the ins and outs of priority dates and what to do if your I-140 is still pending. Don’t panic, be proactive! Contact USCIS, consider concurrent filing, or seek legal counsel. Remember, your path to permanent residency is still on track, and for even more guidance, head on over to visaverge.com. Happy navigating!
FAQ’s to know:
FAQ 1: What happens if my priority date becomes current while my I-140 is still pending?
Answer: If your priority date becomes current while your I-140 is still pending, it can be a bit confusing. In such a situation, you have a few options to explore. You can contact USCIS to check the status of your I-140 petition and inquire about any administrative backlogs causing delays. Additionally, you might have the option to file for Adjustment of Status (Form I-485) concurrently with your I-140, depending on your eligibility. Seeking legal counsel from an immigration attorney can also be helpful in navigating through this complex process.
FAQ 2: Can I file for Adjustment of Status (Form I-485) with a pending I-140?
Answer: Yes, you can file for Adjustment of Status (Form I-485) despite having a pending I-140, subject to certain conditions. The USCIS allows for the concurrent filing of Form I-485 and I-140, which can be advantageous in terms of timing. However, it is important to note that your Adjustment of Status application cannot be approved until your I-140 is approved. Therefore, if your I-140 is denied, your I-485 application will likely be denied as well.
FAQ 3: What should I do if my priority date is current and my I-140 is still pending?
Answer: If your priority date is current, but your I-140 is still pending, there are a few steps you can take. It is crucial to maintain communication and stay informed. You can check the status of your I-140 petition by visiting the official USCIS website or contacting the USCIS Contact Center. If you are in the United States, you might have the option to file for Adjustment of Status (Form I-485) concurrently with your I-140, depending on your eligibility. Seeking guidance from an immigration attorney can also be beneficial, especially if your case becomes complex and requires personalized advice.
What did you learn? Answer below to know:
True or False: A priority date is determined by the date when an employer or relative files a petition on behalf of an individual with the USCIS.
What is the purpose of checking the Visa Bulletin published by the U.S. Department of State?
If your I-140 petition is still pending but your priority date is current, what are two options you can consider? (Choose two options)
a) Contact USCIS to check the status of your I-140 petition.
b) File concurrently for an Adjustment of Status.
c) Seek legal counsel from an immigration attorney.
d) Submit a new priority date application.
