THE MARCH 2000 PRIORITY DATES
by Michael J. Gurfinkel, Esq.

 

The priority dates in both categories of the Second Preference of the Family-Based Petitions moved forward a few weeks this month, as shown in the March 2000 Priority Dates listed in the monthly Visa Bulletin released by the State Department.

The Second Preference, 2A (spouse and minor children ² below 21 years of age - of green card holders) of Family-Based Petitions moved forward five weeks, from October 15, 1995 to November 22, 1995.

The Second Preference, 2B (unmarried sons and daughters, over 21 years of age, of green card holders) moved forward three weeks, from December 8, 1992 to January 1, 1993.

All the other categories in the Family-based Petitions did not move.

The First Preference Category, F-1 (unmarried sons and daughters of U.S. citizens, over 21 years of age), remained at March 22, 1988.

The Third Preference Category F-3 (married sons and daughters of United States citizens) of Family-Based Petitions did not move for the fifth straight month, remaining at November 15, 1987 (Note: there is now a difference of four months and one week in priority dates between unmarried and married adult children of U.S. Citizens (March 22, 1988 for single children versus November 15, 1987 for married children). So, single adult children of U.S. citizens may wish to seek legal advice about marrying, before they are processed for their visa or green card, since the difference in waiting time is so small and they could possibly include their spouse for a visa at the same time they are processed for their own visa. Note: children of green card holders cannot marry, or their petition is void, as green card holders can only petition unmarried children.

The priority date for the Fourth Preference F-4 (brothers and sisters of United States citizens) also did not move for the fifth straight month, remaining at July 15, 1979,

The priority dates for non-skilled workers category under the Employment-Based Petitions moved forward another two months, from January 1, 1994 to March 1, 1994.

The priority dates for professionals and skilled workers, EB-3 remained current. This means those who have INS-approved I-140 employment-based immigrant petitions under the Third Preference (professionals and skilled workers), may still file for adjustment of status, and be processed for green cards in the U.S., (if they are already in the U.S.). For nurses and physical therapists, INS regulations for CGFNS have been published, such that nurses and physical therapists would be eligible to adjust status or be processed for a visa.

Each month, the Visa Office of the State Department publishes the priority dates for that particular month. This means that visas would now be available for persons whose priority date is earlier than the cut-off date listed below:

The March, 2000 priority dates for the Philippines are as follows:

FAMILY CATEGORY:  Priority Date:
First Preference


Unmarried sons and daughters of U.S. citizens (over 21 years of age)

March 22, 1988
(In February 2000, the priority date was the same.)

Second Preference


2A. Spouse and minor children (below 21 years old) of green card holder

November 22, 1995
(In February 2000, the priority date was October 15, 1995.)

2B. Unmarried sons and daughters (over 21 years old) of green card holder

January 1, 1993
(In February 2000, the priority date was December 8, 1992.)

Third Preference


Married sons and daughters of U.S. citizens.


November 15, 1987
(In February 2000, the priority date was the same.)
Fourth Preference


Brothers and sisters of U.S. citizens


July 15, 1979
(In February 2000, the priority date was the same.)

EMPLOYMENT-BASED PETITIONS (including Labor Certification):
Third Preference


Professional/Skilled Workers.


CURRENT
(In February 2000, the priority date was also current.
)
Other Workers


Non-Skilled workers


March 1, 1994
(In February 2000, the priority date was January 1, 1994.)
Many people are concerned about the slow movement of some family-based preference categories. Others may have been petitioned by an aging or sickly parent. (Once the petitioner dies, the petition is "automatically revoked".) If you are among them, you may wish to consider other, faster ways to immigrate, such as an employment-based petition (Labor Certification), which now takes approximately 3 years to process. An employer's petition could back-up a family petition. Remember, it is legal to be petitioned in as many ways as are legitimately available to a person, all at the same time. Therefore, a person can be petitioned by a relative and an employer, at the same time!


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