Priority date retrogression is a common complaint among green card applicants and can create several issues with the entire green card timeline. Also, this can be quite confusing to many green card applicants since priority date retrogression can happen randomly, even if nothing about your case has changed. Keep reading to find out what priority date retrogression is, what it means for your case, and what to do next.
What Is a Priority Date and How Is It Set?
If you are applying for a family-based green card, the first step of this process is filing I-130, which establishes a qualifying family relationship. Depending on the category you fit into, the next step you may take is filing form I-485. When you do this, you will receive what is known as a priority date.
For family based green card, specifically, the priority date is set when the USCIS receives the form I-130 petition from the relative who is sponsoring you. And the I-485 pending priority date acts as your place in line for obtaining a green card.
It is essential that you understand what your priority date is, as this determines when you are eligible to receive your visa. You also have a one-year deadline to apply for your green card once your priority date becomes current, otherwise you risk losing your place in line.
Understanding the Visa Bulletin
When you are waiting in line with a priority date, you will need to understand how the visa bulletin works. The visa bulletin is an online resource that allows you to check your place in line so that you know when your priority date is current, and you can apply for your green card. It provides the most recent and up-to-date data for visa numbers in different categories, allowing you to check it as frequently as you need to.
An immigration attorney can help you regularly check the visa bulletin and understand what it is showing. Some important terms to keep an eye out for include:
- Priority date
- Current
- Changeability area
- Immediate relative
- Cut-off date
Being able to check the visa bulletin will also help you to know if your green card timeline has retrogressed. Retrogression can occur if the cut-off dates, which are used to determine visa availability, move backwards instead of moving forward. So, you may be susceptible to priority date retrogression no matter what visa category you are in or whether or not your case has changed at all.
What If Your Priority Date Becomes Inactive After Filing I-485?
If your priority date becomes inactive due to retrogression, this does not mean that your I-485 has been rejected or canceled. Retrogression simply means that your case will have to sit on the shelf, per se, until the priority date becomes current, allowing you to move forward with the green card process.
Because of this, you will be able to remain in the United States since your application will be marked as pending. Your EAD and advanced parole documents will also continue to be processed and renewed as usual.
How to Track and Respond to Retrogression
Unfortunately, there isn’t much you can do if you fall victim to priority date retrogression. This is something that can happen very randomly, no matter the details of your case or the type of visa you are applying for. However, you can still track the progress of your case so that you are ready to respond when your priority date becomes current again.
Here are some tips if your priority date has retrogressed:
- Priority date tracking: No matter what is going on with your case, it is important that you track your priority date, but even more important if your priority date is retrogress. Regularly checking the visa bulletin ensure you will be aware when your priority date becomes current again so that you file within the deadline.
- Maintain legal status: Even though you are able to remain in the United States while your priority date is on hold, you still have to maintain legal status. Do your research to ensure your status remains valid and maintain compliance with all U.S. immigration laws.
- Renew additional documents: If you need to continue working or need to be able to travel out of the country while your priority date is retrogressed, you will need to renew your EAD and AP documents in advance. Doing so ensures you maintain compliant and won’t run into any legal issues while waiting for your priority date to become current.
- Keep your information up-to-date: Depending on how long priority date retrogression takes, your personal details may change. Make sure all of your paperwork reflects any changes in circumstances, such as changes of address, so that everything is up-to-date when you are able to move forward with your green card application.
It is also strongly recommended that you seek the representation of an immigration attorney while waiting for your priority date to become current. An attorney can help you track the progress of your case as well as respond quickly once you are able to move forward with applying for a green card.
Hire an Immigration Attorney Today
If you are dealing with a USCIS delay due to retrogression, you may not know what to do next. Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ Section
Will USCIS deny my I-485 if my priority date retrogresses?
No, when a priority date retrogresses, the USCIS will hold the case until the priority date becomes current again.
Can I renew my EAD and travel document during retrogression?
Yes, it is still possible to renew your EAD and travel document, even if your priority date has retrogressed. This is possible as long as your I-485 remains pending.
How long will retrogression last?
There is no specific retrogression timeline that guarantees when your priority date will become current again. How long retrogression lasts is dependent on the visa category and the country demand, and can last anywhere between a few months to a few years.
