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THE OCTOBER 2001 PRIORITY DATES
by Michael J. Gurfinkel, Esq.
October is the start of the new fiscal year for
immigrant visas, when a fresh supply of visas become available
to visa applicants. As a result, categories which retrogressed
(moved backwards) or became unavailable, have now dramatically
jumped forward.
For example, the priority dates for the Second Preference
of Family-Based categories (F-2A and F-2B) jumped forward by almost
1 year and 8 months, and 5 months, respectively, while the First
and Third Preference, which were previously "unavailable,"
were "restored" in the October 2001 Priority
Dates, listed in the monthly Visa Bulletin released by the State
Department.
In addition, the priority dates for both skilled
and non-skilled workers under the Employment-Based Petitions continue
to remain current. This means that those who have INS-approved
I-140 employment-based immigrant petitions, even as non-skilled
workers, may now file for adjustment of status, and be
processed for a green card.
The priority date for the Second Preference,
F-2A (spouse and minor children ú below 21 years of age - of green
card holders) of Family-Based Petitions, moved
forward by 1 year and 8 months, from February 1, 1995 to September
22, 1996, bringing it back to its level in July 2001 (before
the priority dates started retrogressing because of quota or visa
limitations).
The Second Preference, F-2B (unmarried
sons and daughters, over 21 years of age, of green card holders),
moved forward by 4 months and 3 weeks, from February 1, 1993 to
June 22, 1993.
The priority date for the First Preference
Category, F-1 (unmarried sons and daughters of U.S.
citizens, over 21 years of age), which had been "unavailable"
since August, was restored to May 22, 1988.
The Third Preference Category F-3 (married
sons and daughters of United States citizens), which had
also been "unavailable" since August, was restored to
December 8, 1987.
The Fourth Preference, F-4 (brothers and sisters
of United States citizens), moved forward by 25 days,
from September 15, 1979 to October 1, 1979.
Although the priority dates for family based petitions
have been restored to their July 2001 levels (before the retrogression),
the State Department reports that, "little or no forward
movement in the family-sponsored categories is expected in the
foreseeable future". This means that if you are under
a family petition, and your priority date is later than
those listed in the October 2001 priority dates, you may have
to wait a long time for your priority date to become current.
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:
| FAMILY CATEGORY: |
|
Priority Date: |
| First Preference |
Unmarried sons and daughters of U.S. citizens
(over 21 years of age)
|
May 22, 1988
(In September 2001, the priority date was unavailable.)
|
| Second Preference |
2A. Spouse and minor children
(below 21 years old) of green card holder
2B. Unmarried sons and daughters (over 21
years old) of green card holder
|
September 22, 1996
(In September 2001, the priority date was February
1, 1995.)
June 22, 1993
(In September 2001, the priority date was February 1,
1993.)
|
| Third Preference |
Married sons and daughters of
U.S. Citizens |
December 8, 1987
(In September 2001, the priority date was unavailable.)
|
|
Fourth Preference
|
Brothers and sisters of U.S. Citizens
|
October 1, 1979
(In September 2001, the priority date was September 15,
1979.)
|
| EMPLOYMENT-BASED PETITIONS
(including Labor Certification): |
| Third Preference |
Professional/Skilled Workers. |
CURRENT
(In September 2001, the priority date was also current.)
|
| Other Workers |
Non-Skilled workers |
CURRENT
(In September 2001, the priority date was also
current.)
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