Legal Question in Immigration Law in Oregon

Hi,

My sister-in-law is applying for an F2 visa. She just had her interview at the embassy on 5/13/14, but they requested that she send more information in. She has done that and now we are waiting. Our question has to do with priority dates. Her's is 9/12, which is current for this month, but will not be current next month. If she gets the visa this month will she be able to enter the US next month or sometime later even though her priority date is no longer current? We have been told that your priority date must be current to enter the US even if you have a visa, but this does not sound logical to us (not that the system is logical in any way). Thank you for your help!


Asked on 5/14/14, 9:53 am

2 Answers from Attorneys
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (212) 968-8600. Regards, RDM

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Answered on 5/14/14, 11:32 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

It depends if the U.S. Consulate ordered a visa number for her or not. If her visa number has already been allocated to her case, then she will be fine, regardless of the visa bulletin. However, if this is not the case, then she will not be able to obtain her immigrant visa, & thus will not be able to enter the U.S., until her priority date once again becomes current.

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Answered on 5/14/14, 12:59 pm


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