CARBAJAL

Citations

• 20 I. & N. Dec. 461

Syllabus

CARBAJAL, 20 I&N Dec. 461 (BIA 1992) ID 3171 (PDF) (1) A visa petition isconsidered filed on the date on which the petition and the appropriatefee are submitted to the Immigration and Naturalization Service and thepetition is stamped with the time and date pursuant to 8 C.F.R. §§103.2(a) and 204.1(a) (1991). (2) When the Servicereturns a visa petition to the petitioner because at the time she filedthe visa petition she was not qualified to accord preference classificationto the beneficiary, the petitioner may refile the previously submittedvisa petition with the Service once she becomes qualified. (3) When a previouslyfiled visa petition is resubmitted to the Service, stamped with the timeand date, and accompanied by the appropriate fee, it is a new petitionand a new filing date has been effected which, if the petition is approved,establishes the priority date for the beneficiary pursuant to 8 C.F.R.§ 245.1(f)(2) (1991).