It is common knowledge that people who are not immediate relatives (spouses, parents or children under 21 years) of an American citizen have to wait many years before we could ask her residence.
The Visa Bulletin is a monthly report that the State Department issued which indicates the availability of visas for each category and country. This Visa Bulletin provides the latest date when a number of employment-based visa, family and diversity will be available for different categories and countries. A visa must be available before a prospective immigrant can carry out one of the final steps in the process of becoming a US permanent resident.
The dates listed in the Bulletin in each category is known as the priority date. The priority date is the date that a family or job application was filed and received by the Immigration Department. When a person receives notification (I-797 Notice of Action) of the Immigration Department that his application was received and accepted by the Department, it includes the priority date. That is the date that should be used when checking the Visa Bulletin ..
Until September this year the Visa Bulletin only included a table with priority dates. Effective October this year, the Visa Bulletin will have two tables, one entitled “Application Final Action Dates” or “Final Action Date for Application” and the other “Dates for Filing Applications” or “date for filing applications” . The first table indicates when the residence may be granted because the visa number is available and the other, the date on which a person may file his application for residence even if your priority date is not available yet. This is helpful for thousands of people as they can file their applications long before his priority date becomes available and may receive a work permit while waiting for the availability of their priority date.
We use tables new Visa Bulletin October, 2015 with this example:
Mary, a citizen of the United States, put a familiar solicitude for his son Ricardo, Mexican, unmarried and over 21 years on March 15, 1995.
According to the first table (Table A) your priority date is not available yet. According to the table for this category (F1 – unmarried children of citizens), the priority date is 22 November 1994. However, according to the second table (Table B) and Maria and Ricardo will put the request residence and indicating the date is April 1, 1995.
According to this example, Ricardo may file his application for residence with an application for a work permit which can obtain and renew while you wait for your priority date becomes available. Ricardo will not get your residence until their priority date becomes available in the first table but while waiting enjoy the privilege of obtaining a work permit.
Very carefully, only those who qualify must put their applications. Remember that there are many factors to consider such as how to have entered the United States and the date your application that may affect whether they can submit their application within the United States and enjoy these new changes settled. Our recommendation is to consult an immigration attorney before filing any application with the Immigration Department.
Have any questions do not hesitate to contact us at (801) 566-9681.