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THE JULY 2003 PRIORITY DATES
by Michael J. Gurfinkel, Esq.
The priority dates for all petitions
by U.S. citizens
in the family-based petitions moved backwards (or retrogressed)
by as much as two years, as shown in the monthly Visa Bulletin
for July 2003 released by the State Department.
This means that those persons
whose priority dates have "retrogressed" cannot be processed
for green cards or a visa until their priority dates become current
again, possibly on October 1, 2003, when the new immigration fiscal
year starts.
The priority date for the First
Preference Category, F-1 (unmarried sons and daughters of U.S.
citizens, over 21 years of age)
was set back by one year and 11 weeks, from June 1, 1990 to March
15, 1989.
The Third
Preference Category F-3 (married sons and daughters of United
States citizens) was set back
by two years and 15 days, from January 15, 1990 to January
1, 1988. (Note: There is now a difference
of one year and two-and-a-half months in priority dates between
unmarried and married sons and daughters of U.S. citizens.)
The Fourth
Preference, F-4 (brothers and sisters of United States citizens)
was set back by almost one year, from January 15, 1982 to February
1, 1981.
However, the priority dates for
those petitioned by green card
holders continued to move forward by
at least one month.
The Second Preference,
F-2A (spouse and minor children below 21 years of age, of green
card holders) of Family-Based Petitions moved
forward by one month, from April 15, 1998 to May
15, 1998.
The Second Preference,
F-2B (unmarried sons and daughters, over 21 years of age, of green
card holders) moved forward by six weeks, from
October 22, 1994 to December 1, 1994.
Why did the priority dates in most categories of
the Family-Based Petitions retrogress?
The Immigration and Nationality Act has set up annual
quotas or number of visas for each category of both the Family
and Employment-Based Petitions. These numbers are used up by both
the BCIS (formerly INS), for those adjusting status in the U.S.,
and the Consulates abroad, for those living outside the U.S. It
is possible that the quotas have been used up for the current
immigration fiscal year.
The Visa Office has thus been unable to advance,
and had, in fact, been forced to set back the monthly Family cut-off
dates, because the amount of demand being received on a monthly
basis (from Embassies, and now recently, the BCIS) has exceeded
the available visas for issuance at Embassies and adjustment of
status in the U.S.
However, with the start of the new fiscal year in
October 2003, any cut-off date that has been retrogressed may
return to the latest cut-off date established during the current
fiscal year.
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 July 2003
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)
|
March 15, 1989
(In June 2003, the priority date June 1, 1990)
|
| 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
|
May
15, 1998
(In June 2003, the priority date was April 15, 1998)
December
1, 1994
(In June 2003, the priority date was October 22, 1994.)
|
| Third Preference |
Married sons and daughters of
U.S. Citizens |
January
1, 1988
(In June 2003, the priority date was January 15, 1990.)
|
|
Fourth Preference
|
Brothers and sisters of U.S. Citizens
|
February
1, 1981
(In June 2003, the priority date was January 15, 1982.)
|
| LABOR CERTIFICATION: |
| Third Preference |
Professional/Skilled Workers |
CURRENT
(In June 2003, the priority date was also current.)
|
| Other Workers |
Non-Skilled workers |
CURRENT
(In June 2003, the priority date was also current.)
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