The Green Card Application Process
The path to acquiring a Green Card involves two primary methods: Adjustment of Status and Consular Processing. Adjustment of Status is applicable to individuals already residing in the US and includes filing Form I-485, attending appointments, and undergoing interviews. Consular Processing is used for those outside the US or ineligible for adjustment of status.
Visa Availability and Priority Dates on a Monthly Basis
One of the critical aspect that affects the Green Card application process is visa availability and priority dates. The Immigration and Nationality Act imposes annual limits on immigrant visas issued by the US Department of State (DOS). While immediate relatives of US citizens have unlimited visas, family-sponsored and employment-based categories have numerically limited visas, leading to waiting lists.
Priority dates are assigned to immigrants awaiting an immigrant visa and determine when a visa becomes accessible. The demand for visas sometimes exceeds supply, creating a visa queue. DOS allocates visas based on preference category, country of chargeability, and priority date. When a priority date becomes "current," applicants can apply for adjustment of status or an immigrant visa.
Visa Bulletin Outlines Visa Availability
The monthly Visa Bulletin published by DOS outlines visa availability through the Application Final Action Dates and Dates for Filing Applications charts. These charts help applicants understand when to file an adjustment of status application with USCIS. If more visas are available than applicants, the “Dates for Filing Applications” chart applies; otherwise, the “Application Final Action Dates” chart is used. The DOS updates the Visa Bulletin monthly, and USCIS indicates on its website which chart shall be used for the adjustment of status application to be filed on that month.
To confirm the availability of their priority date, applicants can check Form I-797. The waiting time depends on factors like demand, per-country visa limits, and preference category. Visa Bulletin charts use "C" for current availability and "U" for unavailability. The priority date typically corresponds to the date the immigrant visa petition was filed on the applicant's behalf with USCIS.
Effects of Quota: Available or Not Available?
When the visa numbers are current, indicating Green Card quota is available, the individuals can apply for an adjustment of statues, so long as they meet all requirements and complete the application steps. Upon submission of the adjustment of status application, the applicant the applicant is granted the privilege to reside within the country and is eligible to obtain both work and travel permits.
Fiscal Year 2023 Immigrant Visa Allotment
For the fiscal year 2023, immigrant visas are allocated based on specific categories, per-country limits, and the Immigration and Nationality Act. Family-sponsored preference immigrants have a cap of 226,000, while employment-based preference immigrants are capped at 197,091. Additionally, there are per-country limits, with 29,616 available for FY-2023 and 8,462 for dependent areas.
Visa allocation is governed by INA Section 203(e), issuing visas based on the order of eligible immigrant petitions filed. When visa demand exceeds the per-country limit, prorating provisions come into play, affecting oversubscribed areas like mainland China, India, Mexico, and the Philippines.
The Importance of Monitoring Dates
The Diversity Immigrant (DV) category, known as the green card lottery, allocates up to 55,000 immigrant visas annually to individuals from countries with low immigration rates to the US. Allotment details are essential for individuals seeking to immigrate to the US, aiding them in understanding their eligibility and the timing of their visa applications. It is crucial to emphasize that if you happen to be chosen in a specific year, you must complete your application before the conclusion of the corresponding fiscal year.
Navigating the complexities of obtaining a US Green Card can be made easier with the guidance of immigration attorneys who specialize in immigration law.
Need Support?
Onal Gallant Bayram&Amin PC is a law office specializing in Real Estate Law, Intellectual Property, Corporate and Business Law, Immigration Law, and the US Visa Processes. We deliver reliable advice on a large variety of subjects ranging from forming a corporation and buying a house in the US to trademark registration and Green Card applications (e.g., EB3 Visa or DV Lottery). With exceptional knowledge and insight into immigration law, our experienced lawyers at Onal Gallant Bayram&Amin are ready to help and respond to all of your inquiries.
www.ogplawfirm.com, Facebook, Instagram, Twitter, Quora, LinkedIn and Medium accounts, Youtube Channel, and our blogs in Turkish and English can be followed to get updated information and news about these topics.
You can also visit our office directly or contact us via e-mail or phone.
