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Securing an I-140 Approval Before Your Priority Date- Is It Possible-

Can You Get I-140 Before Priority Date?

The I-140 visa, also known as the Immigrant Petition for Alien Worker, is a crucial step in the U.S. immigration process. It allows foreign workers to apply for permanent residency in the United States. One common question that arises among applicants is whether it is possible to obtain an I-140 approval before the priority date. In this article, we will explore this topic and provide you with valuable insights.

Understanding Priority Date

The priority date is a critical factor in the immigration process. It refers to the date on which the applicant’s petition was filed with the United States Citizenship and Immigration Services (USCIS). This date determines the order in which applicants are processed for permanent residency. In family-based immigration, the priority date is typically the date when the I-130, Petition for Alien Relative, was filed. In employment-based immigration, it is the date when the I-140 was filed.

Can You Get I-140 Before Priority Date?

Yes, it is possible to obtain an I-140 approval before the priority date. However, this situation is relatively rare and often occurs under specific circumstances. Here are some factors that may contribute to obtaining an I-140 approval before the priority date:

1. Immediate Relative Petitions: Immediate relatives of U.S. citizens, such as spouses, children, and parents, are exempt from the annual immigrant visa numerical limitations. As a result, their I-140 approvals can be processed regardless of the priority date.

2. National Interest Waiver: If an applicant qualifies for a National Interest Waiver (NIW), USCIS may approve the I-140 petition before the priority date. The NIW is available for individuals who are deemed to be in the national interest and can contribute significantly to the U.S. economy, education, or welfare.

3. Recapturing Priority Dates: In some cases, USCIS may recapture a priority date that was previously used for a different application. This can happen when an applicant’s previous application was denied or abandoned, and the priority date is available for reuse.

4. Consular Processing: If an applicant is applying for an I-140 through consular processing, the approval may be issued before the priority date, as the consular officer is not bound by the priority date.

Conclusion

In conclusion, while it is possible to obtain an I-140 approval before the priority date, it is not a common occurrence. Immediate relative petitions, National Interest Waiver, recapturing priority dates, and consular processing are some of the factors that may contribute to this situation. It is essential to consult with an immigration attorney to understand your specific case and determine the best course of action.

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