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THE SEPTEMBER 2001 PRIORITY DATES
by Michael J. Gurfinkel, Esq.
The priority dates for the Second Preference of
Family-Based categories (F-2A and F-2B) moved forward by one month,
even as those in the other Family-Based categories either remained
the same or were still "unavailable" in the September
2001 Priority Dates, listed in the monthly Visa Bulletin released
by the State Department.
The priority dates for both skilled and non-skilled
workers under the Employment-Based Petitions, on the other hand,
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,
2A (spouse and minor children ú below 21 years of age - of green
card holders) of Family-Based Petitions, which
was set back by almost one year and nine months in the August
listings, started moving forward again, from January 1, 1995 to
February 1, 1995.
The Second Preference, 2B (unmarried
sons and daughters, over 21 years of age, of green card holders),
moved forward from January 1, 1993 to February 1, 1993.
Those family categories which are "unavailable"
are the First Preference Category, F-1 (unmarried
sons and daughters of U.S. citizens, over 21 years of age);
and the Third Preference Category F-3 (married sons and
daughters of United States citizens).
Because of this unavailability, the INS will not
process any Adjustment of Status Application, and the various
U.S. Consulates abroad will not grant visas to persons petitioned
under these categories until visas become available again, possibly
in October 2001.
The Fourth Preference, F-4 (brothers and sisters
of United States citizens), remained at September 15,
1979.
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 September 2001 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)
|
Unavailable
(In August 2001, the priority date was also 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
|
February 1, 1995
(In August 2001, the priority date was January
1, 1995)
February 1, 1993
(In August 2001, the priority date was January
1, 1993)
|
| Third Preference |
Married sons and daughters of
U.S. Citizens |
Unavailable
(In August 2001, the priority date was also unavailable.)
|
|
Fourth Preference
|
Brothers and sisters of U.S. Citizens
|
September 15, 1979
(In August 2001, the priority date was the same.)
|
| EMPLOYMENT-BASED
PETITIONS (including Labor Certification): |
| Third Preference |
Professional/Skilled Workers. |
CURRENT
(In August 2001, the priority date was also current.)
|
| Other Workers |
Non-Skilled workers |
CURRENT
(In August 2001, the priority date was also current.)
|
According to the State Department, in October
2001 (which is the start of the new "fiscal year"
for visas), it is expected that, with a fresh supply of visas,
the priority dates will return to the same dates as existed in
June 2001, before the retrogression. Visas in F-1 and F-3 will
again be "available".
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