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!


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