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

The priority dates of petitions by green card holders moved forward by at least one month, and that of the First Preference category of the Family-Based Petitions moved significantly, as shown in the November 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 more than five weeks, from May 15, 1996 to June 22, 1996.

The Second Preference, 2B (unmarried sons and daughters, over 21 years of age, of green card holders) moved forward by one month, from May 1, 1993 to June 1, 1993.

The First Preference Category, F-1 (unmarried sons and daughters of U.S. citizens, over 21 years of age), moved this time, gaining three weeks, from April 8, 1988 to May 1, 1988.

The priority date for the Fourth Preference, F-4 (brothers and sisters of United States citizens) did not move, remaining at August 1, 1979.

The Third Preference Category F-3 (married sons and daughters of United States citizens) of Family-Based Petitions did not move for the l3th straight month, remaining at November 15, 1987. (Note: there is a difference of five months and one week in priority dates between unmarried and married adult children of U.S. Citizens (May 1, 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 still 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 holder parents can only petition unmarried children.)

The priority dates for non-skilled workers category under the Employment-Based Petitions moved forward another three months, from November 1, 1995 to February 1, 1996.

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 November, 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)

May 1, 1988
(In October 2000, the priority date was April 8, 1988.)

Second Preference


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

June 22, 1996
(In October 2000, the priority date was May 15, 1996.)

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

June 1, 1993
(In October 2000, the priority date was May 1, 1993.)

Third Preference


Married sons and daughters of U.S. citizens

November 15, 1987
(In October 2000, the priority date was the same.)

Fourth Preference


Brothers and sisters of U.S. citizens

August 1, 1979
(In October 2000, the priority date was the same.)

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


Professional/Skilled Workers.

CURRENT
(In October 2000, the priority date was also current.
)

Other Workers


Non-Skilled workers


February 1, 1996
(In October 2000, the priority date was November 1, 1995.)

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 3-4 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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