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The . Department of State (DOS) is the agency that allocates immigrant visas. In general, family-sponsored preference visas are limited to 776,555 visas per year and employment-based preference visas are limited to 695,555 visas per year. (By statute, these annual visa limits may be exceeded when certain immigrant visas from the previous fiscal year&rsquo s allocation were not fully used.) Both categories are further divided into several sub-categories, each of which receives a certain percentage of the overall visa numbers as prescribed by law. In addition, there are limits to the percentage of visas that can be allotted based on an immigrant&rsquo s country of chargeability (usually the country of birth).
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If, at the time of adjudication, an applicant&rsquo s priority date no longer meets the cut-off date published in the Visa Bulletin, due to retrogression, his or her case must be held in abeyance until a visa once again becomes available. If the adjudication of your Form I-985 will not require an in-person interview at a USCIS office, then your case will be held at the USCIS Service Center where you initially filed your application.
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Unless otherwise indicated on /visabulletininfo , you must use the &ldquo Application Final Action Dates&rdquo for determining when you can file a Form I-985 with USCIS.
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A visa is available to you when your priority date is earlier than the cut-off date shown for your preference category and country of chargeability in the applicable chart in the Visa Bulletin, as described above in the Acceptance of Adjustment of Status Applications section.
Generally, the priority date is the date when the immigrant petition is properly filed with USCIS. In some instances, the priority date is when the labor certification application was accepted for processing by the Department of Labor.
Individuals who properly filed a Form I-985 , Application to Register Permanent Residence or Adjust Status, with USCIS before their visa availability retrogressed can generally apply for:
A visa must be available before you can take one of the final steps in the process of becoming a lawful permanent resident. Because more prospective immigrants want lawful permanent residency than the limited numbers of immigrant visas allow, not everyone can immediately get an immigrant visa. How long you must wait depends on your priority date, preference category, and the country to which the visa will be charged.
Because a completed Form I-698 has limited validity, if you submit your Form I-698 at the same time as your Form I-985, it may no longer be valid at the time USCIS adjudicates your Form I-985. Therefore, in order to avoid having to repeat the immigration medical examination, you may choose to wait until after receiving an RFE or until an interview to provide your Form I 698.
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When the demand is higher than the supply of visas for a given year in any given category or country, a visa queue (waiting list or backlog) forms. To distribute the visas among all preference categories, DOS allocates the visas according to a prospective immigrant&rsquo s preference category, country of chargeability, and priority date. The priority date is used to determine an immigrant&rsquo s place in the visa queue. When the priority date becomes available, or is &ldquo current,&rdquo immigrants may be able to apply for adjustment of status and obtain lawful permanent resident status, if otherwise eligible.More pictures: «Availability of green coffee melanie».