What Is Final Action Date and Date of Filing?
When it comes to immigration, understanding the terminology and procedures is crucial. Final Action Date and Date of Filing are two terms commonly used in the visa bulletin released the U.S. Department of State. These dates play a significant role in determining when individuals can apply for adjustments of status or submit their immigrant visa applications. Let’s delve deeper into the meaning of Final Action Date and Date of Filing and how they impact the immigration process.
Final Action Date:
The Final Action Date is the date that determines when a visa number becomes available for a specific category and country of chargeability. It signifies the priority date cutoff, which is based on supply and demand for visas. If an individual’s priority date is earlier than the Final Action Date listed in the visa bulletin, they can proceed with the final stages of the immigration process, such as applying for an immigrant visa or adjusting their status.
Date of Filing:
The Date of Filing is an alternative date provided in the visa bulletin, which allows individuals to file their adjustment of status applications or immigrant visa applications earlier than the Final Action Date. While individuals cannot complete the immigration process until their priority date becomes current, the Date of Filing allows them to establish a place in line and potentially obtain work authorization or other benefits while waiting for their priority date to become current.
Now, let’s address some common questions related to Final Action Date and Date of Filing:
1. How do I determine my priority date?
Your priority date is typically the date when the U.S. Citizenship and Immigration Services (USCIS) receives your immigrant petition.
2. Where can I find the visa bulletin?
The monthly visa bulletin is published on the U.S. Department of State’s website and can be accessed easily.
3. How often does the visa bulletin update?
The visa bulletin is released monthly, usually during the second or third week.
4. Can I file my adjustment of status application if my priority date is not current?
No, you can only file your adjustment of status application or immigrant visa application when your priority date is earlier than the Final Action Date or Date of Filing, depending on which one is applicable.
5. Can I check the visa bulletin before my priority date becomes current?
Yes, it is recommended to regularly check the visa bulletin to stay informed and plan accordingly.
6. What happens if my priority date becomes current according to the Date of Filing, but not the Final Action Date?
You can file your adjustment of status application or immigrant visa application based on the Date of Filing. However, your application will not be processed until your priority date becomes current according to the Final Action Date.
7. Are the Final Action Date and Date of Filing the same for all visa categories and countries?
No, the Final Action Date and Date of Filing vary for each visa category and country of chargeability. It is crucial to check the visa bulletin specific to your situation.
8. Can I use the Date of Filing if my priority date is current according to the Final Action Date?
No, if your priority date is current according to the Final Action Date, you must follow the guidelines of the Final Action Date and cannot use the Date of Filing.
9. Can I apply for a work permit if I file based on the Date of Filing?
Yes, if you file based on the Date of Filing, you are eligible to apply for a work permit.
10. What is the advantage of filing based on the Date of Filing?
Filing based on the Date of Filing allows you to establish a place in line and potentially obtain work authorization while waiting for your priority date to become current.
11. Can I file an adjustment of status application if I am outside the United States?
No, the adjustment of status application can only be filed if you are physically present in the United States.
12. Can I file an immigrant visa application if I am in the United States?
No, the immigrant visa application can only be filed at a U.S. embassy or consulate abroad.
13. What happens if my priority date retrogresses?
If your priority date retrogresses, it means that it moves backward in time, indicating a longer waiting period. In such cases, your application might be put on hold until your priority date becomes current again.
Understanding Final Action Date and Date of Filing is crucial for individuals navigating the immigration process. By staying informed and regularly checking the visa bulletin, applicants can make informed decisions and take the necessary steps towards achieving their immigration goals.