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  • Writer's pictureUnion Law Group

How does the priority date work to be able to emigrate?

First of all, we have to understand what a priority date means. The priority date is given when you apply for a petition. A priority date is extremely important because it indicates the date when the immigrant can immigrate. In other words, the priority date forces you to train online in order to obtain a visa and immigrate to the United States. There are a few ways you can jump the line and cut the wait time.



Here are some of these ways:

1. Submit multiple petitions: We are going to assume that you are a married person over 21 years old, your father is a United States citizen, and your brother, over 21 years old, is also a United States citizen. If someone sends a petition to you today and it is approved, your priority date would be August 30, 2018. If your dad requests you, you would enter line F-3. Currently, people with priority dates of December 1, 1995 are immigrating. This means that you would wait approximately 23 years to immigrate. If your brother sends a petition for you, it would go into line F-4. Currently, people with priority dates of January 15, 1998 are immigrating. This means that you would wait approximately 20 years to immigrate. For this reason, it is advisable to be in line in different categories because many times each row advances with different times.



2. Retention of Priority Date: The basic thing is to know that a person can retain their priority date if a petition is sent by the same petitioner and the same beneficiary as the original. The two most common situations are derived from relatives: (1) children under the age of 21 in category F-2A; or (2) when the petitioner who is a legal resident of the United States becomes a citizen. In both situations, when a new petition is submitted, your legal representative can ask immigration to retain your original priority date.



3. Pre-1977 Western Hemisphere Priority Dates: This program helps those who were born in the American continent (North, Central, and South America, and islands) and who applied for residency before 1977. This program also helps family members derivatives that existed before or during the date the original petition was sent. Derivative relatives include spouses and children under the age of 21 who existed as of the date the petition was submitted, and children born after a marriage that existed prior to the date the petition was submitted.


As you can see, immigration laws are complicated, so we advise you to go with an immigration lawyer who specializes in the subject to investigate the best way to achieve your immigration goal.


If you want to make an appointment, call our phones:

US: (619) 662-2170 or MX: (664) 622-5442

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