THE SEPTEMBER 2004 PRIORITY DATES
by Michael J. Gurfinkel, Esq.

The priority date for Family Petitions under the F-3 Preference Category (married sons and daughters of U.S. citizens) moved backwards (retrogressed) by another 12 months and 10 days, while other family petitions, both by U.S. citizens and green card holders, did not move at all, as shown in the monthly Visa Bulletin for September 2004 released by the State Department.
 
Petitions by Citizens:
 
The priority date for the First Preference Category, F-1  (unmarried sons and daughters of U.S. citizens, over 21 years of age) did not move forward, and remains at  July 15, 1990.
 
The Third Preference Category F-3 (married sons and daughters of United States citizens) again moved backwards by 12 months and 10 days, from September 1, 1988 to August 22, 1987. In August 2004, the priority date for the same category moved backwards by 18 months from March 1, 1990. (Note: There is now a difference of 34 months in priority dates between unmarried and married sons and daughters of U.S. citizens.). This means that visa or adjustment of status applications whose priority dates fall after August 22, 1987 will not be processed at this time. We hope that come October 2004, the priority dates will finally move forward again, as October is the start of the “fiscal year” for visas, where next year’s allotment of visas will become available.
 
The Fourth Preference, F-4 (brothers and sisters of United States citizens) also did not move forward, and remains at March 22, 1982.
 
Petitions by Green Card Holders:
 
The Second Preference, F-2A (spouse and minor children below 21 years of age, of green card holders) of Family-Based Petitions did not move at all, and remained at April 15, 2000.
 
The Second Preference, F-2B (unmarried sons and daughters, over 21 years of age, of green card holders), also did not move, and remained at July 1, 1995.
 
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 2004 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)

July 15, 1990
(In August 2004, the priority date was also July 15, 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

April 15, 2000
(In August 2004, the priority date was also April 15, 2000.)

July 1, 1995
(In August 2004, the priority date was also July 1, 1995.)

Third Preference Married sons and daughters of U.S. Citizens

August 22, 1987
(In August 2004, the priority date was September 1, 1988.)

Fourth Preference

Brothers and sisters of U.S. Citizens

March 22, 1982
(In August 2004, the priority date was also March 22, 1982.)

LABOR CERTIFICATION:
Third Preference Professional/Skilled Workers

CURRENT 
(In August 2004, the priority date was also current.)

Other Workers Non-Skilled workers

CURRENT
(In August 2004, the priority date was also current.)

 


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