Understanding Visa Retrogression
In a phenomenon known as retrogression, visa availability timelines can unexpectedly reverse, moving backwards rather than advancing. This impacts many foreign nationals who are in the process of filing immigrant visas or adjustment of status applications.
What is retrogression?
Every month, consular offices worldwide submit a count of immigrant visa applicants who have successfully completed the documentation requirements, earning the status of "documentarily qualified." These individuals have gathered all necessary paperwork and cleared the procedural checks mandated by their respective consular offices.
Subsequently, the Visa Office (VO) undertakes a monthly review, matching the tallies of documentarily qualified applicants against the quota of immigrant visa numbers up for the forthcoming regular distribution. This review is comprehensive, factoring in historical visa demands, projected future requests, return rates, and an analysis of demand patterns in response to fluctuations in the cut-off dates. Leveraging this data, the VO sets the cut-off dates for visa availability for the following month. These dates are then communicated in the Visa Bulletin, a public document that prospective immigrants consult to track when they can expect their immigrant visas (green cards) to be processed.
The Implications of Retrogression on Applicants
Effect on Overseas Consular Processing
Retrogression affects applicants undergoing consular processing abroad differently from those located within the United States, particularly impacting families. Those with family members engaging in consular processing in foreign countries face separation for the retrogression period's entirety. If an applicant achieves 'documentarily qualified' status yet visas are unavailable, their request for a visa is noted by the Visa Office (VO). They are then allocated a visa promptly once their priority date is up.
USCIS Processing Amid Retrogression
Those applicants who already submitted an I-485, Application to Register Permanent Residence or Adjust Status, before retrogression hit can generally continue to stay in the U.S. Identified as pending adjustment applicants, these individuals have the privilege to seek employment authorization and advance parole. Their adjustment applications are temporarily set aside, only to be reactivated once visa availability resumes and the cut-off date moves forward.
Communication of Status Updates
It's paramount for applicants to keep their contact details current with the National Visa Center (NVC) or USCIS. The reason? They will receive updates on their application status.
Retrogressed Applications Are Not Terminated
If an applicant’s priority date has retrogressed, applicant does not need to notify the NVC that they are still pursuing a visa to prevent termination of a file. Once a visa becomes available, the NVC resumes processing of the case.
Americal Immigration Lawyers Association (AILA) has prepared a flyer that explains Visa Retrogression in further detail.
If you have an immigration-related matter and seek counsel, feel free to contact our office.