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When should an EB-5 applicant get their priority date?

I married my wife from China in Jan. 2016. She has a pending I-526 from Oct. 2015. I noticed the "priority date" box is empty. She asked her lawyer about this and was told that there is nothing to worry about. Is the lawyer correct? When is an EB-5 applicant supposed to get their priority date?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It is the date received - you should not worry - this is common.

  • Avatar

    Meetesh Patel

    Immigration Attorney
    Answered on

    The priority date is set when USCIS receives the I-526 petition.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The priority date is issued when the immigrant petition, in this case the I-526, is approved, which will be the date of filing. With the receipt notice, the box for priority date is always empty as the PD cannot be conferred until the petitioner's case is approved. If the petition is ultimately denied, there is no priority date because there are no rights for the petitioner to be able to immigrate.

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    Jimena G Cabrera

    Immigration Attorney
    Answered on

    Her lawyer is correct. The priority date is the date the form I-526 was filed with USCIS, regardless if the date was stated in the receipt notice or not.

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    John J Downey

    Immigration Attorney
    Answered on

    You should receive it when the application is initially processed, but China seems to be a special case as it is the only EB-5 country with waiting periods for visas.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    For most immigration processes, the priority date is the date of filing the initial petition with USCIS, which should be noted on the receipt notice (form I-797).

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