info@kasturilaw.com

Call Us Today

630-392-8101 | 630-392-8101
29 South Webster Street, Suite 370 Naperville,
IL 60540

Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

For many immigrants seeking lawful permanent residence in the United States, the priority date is crucial in the green card application process. Understanding a priority date and how it affects your application timeline can help you plan your immigration journey more effectively.

At Kasturi Law, LLC, our Illinois immigration and naturalization attorney helps clients navigate the complexities of priority dates and visa availability to ensure a smoother path to permanent residency.

Green card application form and passport.

What is a Priority Date?

A priority date is when your green card petition (Form I-130 for family-based immigration or Form I-140 for employment-based immigration) is filed with U.S. Citizenship and Immigration Services (USCIS). It essentially serves as your place in line for a green card.

Because U.S. immigration law limits the number of green cards issued each year, specific categories and countries face longer wait times. Therefore, the priority date is a critical factor in determining when you can move forward with your application.

Where Can You Find Your Priority Date?

Your priority date is listed on the official Notice of Action (Form I-797) that USCIS sends after receiving your petition. This document confirms that your petition has been filed and provides your official filing date.

How the Visa Bulletin Affects Your Priority Date

The U.S. Department of State releases the Visa Bulletin each month, which provides updated information on visa availability for various green card categories. The Visa Bulletin determines which priority dates are currently eligible for processing. When your priority date becomes “current” (meaning it matches or precedes the date listed in the Visa Bulletin for your category and country), you can proceed with the next step in your green card application.

How Your Priority Date Impacts Your Green Card Timeline

The wait time for a green card depends on the visa demand in your specific category and country of chargeability (usually your country of birth).

Some key factors include:

  • Family-Sponsored Green Cards: Immediate relatives (spouses, parents, and unmarried children under 21 of U.S. citizens) do not have to wait for a priority date because visas are always available. However, other family-based categories (such as siblings of U.S. citizens or adult children of green card holders) often have long wait times.
  • Employment-Based Green Cards: Some employment-based categories have shorter wait times, while others—especially for applicants from high-demand countries such as India, China, Mexico, and the Philippines—may face years or even decades of backlog.
  • Country Limits: Each country has limited visas available annually. If demand from your country exceeds this cap, your priority date will determine how long you must wait.

What Happens When Your Priority Date Becomes Current?

Once your priority date is current, you can take the next step in the green card process:

  • If you are inside the U.S., you can file Form I-485, Adjustment of Status, to become a permanent resident.
  • If outside the U.S., you will complete consular processing at a U.S. embassy or consulate.

Why Legal Guidance is Important

Because priority dates and visa availability fluctuate, keeping track of your place in the immigration process can be confusing. An experienced immigration attorney can help you monitor the Visa Bulletin, anticipate delays, and ensure your application is ready when your priority date becomes current.

Contact our immigration law firm in Illinois today to schedule a consultation during an in-person, phone, or Zoom session. You can even schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes for guidance on understanding priority dates and securing your place for permanent residency.

Related Links: