THE OCTOBER 2000 PRIORITY DATES
by Michael J. Gurfinkel, Esq.
The priority dates of petitions by green card holders moved
forward by one month, but those by U.S. citizens did not
move at all, as shown in the October 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 one month,
from April 15, 1996 to May 15, 1996.
The Second Preference, 2B (unmarried sons and daughters,
over 21 years of age, of green card holders) moved
forward also by one month, from April 1 1993 to May
1, 1993.
The First Preference Category, F-1 (unmarried
sons and daughters of U.S. citizens, over 21 years of age),
did not move at all, remaining at April 8, 1988.
The priority date for the Fourth Preference, F-4
(brothers and sisters of United States citizens) also 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 l2th straight month, remaining
at November 15, 1987. (Note: there is a difference
of four months and three weeks in priority dates
between unmarried and married adult children of U.S.
Citizens (April 8, 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
holders can only petition unmarried children.)
The priority dates for non-skilled workers category
under the Employment-Based Petitions moved forward
another three months, from August 1, 1995 to November
1, 1995.
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 October, 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)
|
April 8, 1988
(In September 2000, the priority date was the same.)
|
|
Second Preference
|
2A. Spouse and minor children (below 21 years old) of green
card holder
|
May 15, 1996
(In September 2000, the priority date was April 15, 1996.)
|
| |
2B. Unmarried sons and daughters (over 21 years old) of
green card holder
|
May 1, 1993
(In September 2000, the priority date was April 1, 1993.)
|
|
Third Preference
|
Married sons and daughters of U.S. citizens
|
November 15, 1987
(In September 2000, the priority date was the same.)
|
|
Fourth Preference
|
Brothers and sisters of U.S. citizens
|
August 1, 1979
(In September 2000, the priority date was the same.)
|
| EMPLOYMENT-BASED PETITIONS (including
Labor Certification): |
Third Preference
|
Professional/Skilled Workers.
|
CURRENT
(In September 2000, the priority date was also current.)
|
|
Other Workers
|
Non-Skilled workers
|
November 1,
1995
(In September 2000, the priority date was August 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! |
|
