Visa Retrogression, or Why Your Priority Date Is No Longer Current

Visa cutoff dates usually move forward, as applicants receive visas -- but sometimes they move backwards.

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If you are being petitioned (sponsored) to immigrate to the U.S. by a family member or employer, and you belong to a visa category in which the law has placed annual limits on how many visas or green cards can be given out, you may have to wait several years to obtain your immigrant visa or green card. Worse yet, the waiting list that you will be placed on does not always move forward smoothly, but instead may jump, stall, or even reverse course. We’ll explain the reversals here.

Why Some Intending Immigrants Are Placed on a Waiting List

Although some categories of immigrants are eligible for an immigrant visa or green card just as soon as their application is submitted and processed (such as immediate relatives of U.S. citizens) many other categories fall into the “preference” system. They are subject to annual limits on “visa numbers,” and the numbers often run out. It’s a matter of supply and demand: the more people start the application process to immigrate to the U.S., the longer the waiting list gets.

See “Green Card Qualification” for a list of categories of preference relatives and employees.

Tracking Your Place on the Waiting List

As explained in the article “How Long Is the Wait for Your Priority Date to Become Current?”, your place on the waiting list depends on your “priority date.” That is either the date that U.S. Citizenship and Immigration Services received the visa petition that your family member filed for you, or the date that the U.S. Department of Labor received the labor certification (“PERM”) application that your employer filed for you.

For example, let’s say Manuel, an unmarried boy from Mexico, has a U.S. lawful permanent resident father who filed a Form I-130 visa petition for him on November 12, 2012. The petition is approved, and November 12, 2012 becomes Manuel’s Priority Date. The first thing Manuel does upon receiving his date is to check the State Department’s Visa Bulletin, a list showing “cutoff dates,” or which Priority Dates are “current,” meaning that their holders are now entitled to visas.

If Manuel had checked the Bulletin in December of 2012, the cutoff date he would have seen in his category (2A) was “01AUG10,” or August 1, 2010. That would have told him that people whose petitions were submitted around two years before his were only then receiving visas, and he could expect to wait around the same length of time.

As the months and years go by, and Manuel regularly checks the monthly Visa Bulletin, he sees the cutoff dates getting closer and closer to his Priority Date. Eventually, he even sees his own date there, which would show up as “12NOV12.” (Or he might just as easily see a later date, such as 28NOV12; that’s okay, the Priority Dates move forward by several days or weeks at a time.) Only when he sees a date that's later than his, however, can he proceed with his green card application.

At that point, if Manuel were living overseas, he could expect to get notification from the U.S. National Visa Center (NVC) and to proceed with processing for an immigrant visa through a U.S. consulate in Mexico. Or, if living in the U.S. lawfully (or otherwise eligible to use the procedure called “Adjustment of Status”), he could go ahead and mail the required paperwork to USCIS, and await a green card interview.

Retrogression, or When the Priority Dates Move Backward

The above example describes the way the visa/green card application process normally works for people in the preference categories. But sometimes, so many people apply after a certain Priority Date is published that the State Department gets overwhelmed, and needs to put on the brakes. It does this by moving the Priority Date in that particular visa category backward. For example, in January of 2013, Manuel might see “10NOV12” as the listed Priority Date.

Unless by some chance Manuel already got through the system and was granted a visa or green card, his case can go nowhere until his Priority Date moves forward again. His case will be put on hold, and he may need to be patient. Fortunately, this situation should not last long, and he is likely to have a current Priority Date within another month or two.

by: , J.D.

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