27 Mar 2023 April 2023 Priority Dates: Bad News for F-2A Beneficiaries
The April 2023 priority dates for F-2A beneficiaries retrogressed (moved backwards) on the final action dates chart, from being “current” (meaning anyone with any priority date was eligible for a visa) to September 8, 2020. This means only those F-2A beneficiaries with priority dates earlier than September 8, 2020, will be queued up for an interview and/or be eligible to receive an immigrant visa or adjust status.
While the dates for filing chart continues to remain current, meaning applicants can still file for adjustment of status (in the U.S.) or submit their forms or paperwork to the NVC (National Visa Center), the final action dates (which had been current since 2019) have moved backwards approximately 2 ½ years, pushing people further back in line or now making them wait longer for an immigrant visa (if their priority date is after September 8, 2020).
One of the reasons for the retrogression is that there are more applicants than there are available visas. By law, 226,000 visas are allocated worldwide for family-based petitions. Each country is allowed 7%, or 15,820 visas per year. This number is further divided up among the various family categories. In the past, there were enough visas to satisfy the demand in the F-2A category. But apparently, there are now too many people applying. We just have to hope and pray for when this priority date will be current again.
Each month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month for the various family and employment-based categories. A priority date is a person’s “place in line” for a visa, meaning immigrant visas (or green cards) would be available for persons whose priority date is earlier than the cut-off dates listed below in the Visa Issuance or Final Action Date column. If your priority date was “current,” but later retrogressed (or “moved backwards” and became unavailable) before your immigrant visa was issued (or before you adjusted status in the U.S.), you would have to wait until it becomes current again. “Caution: if your Final Action\Visa Issuance date has been current for more than a year, and you were notified by the NVC, but did not respond, you could risk your case being canceled or terminated.”
The priority dates for the Philippines for April 2023 are:
| FAMILY CATEGORY: | Application Filing Date | Visa Issuance Date | |
|---|---|---|---|
| First Preference | Unmarried sons and daughters of U.S. citizens (21 years old or older) | April 22, 2015 | March 01, 2012 |
| Second Preference | (2A) Spouse and minor children (below 21 years old) of green card holders | CURRENT | September 8, 2020 |
| (2B) Unmarried sons and daughters (21 years old or older) of green card holders | October 01, 2013 | October 22, 2011 | |
| Third Preference | Married sons and daughters of U.S. Citizens | November 08, 2003 | June 08, 2002 |
| Fourth Preference | Brothers and sisters of U.S. Citizens | April 22, 2004 | August 22, 2002 |
| LABOR CERTIFICATION: | Application Filing Date | Visa Issuance Date | |
| Second Preference | Advanced Degree (Masters) | December 01, 2022 | July 1, 2022 |
| Third Preference | Professional/ Skilled Workers | Current | Current |
| Other workers | Non-Skilled Workers | February 01, 2020 | January 01, 2020 |
WEBSITE: www.gurfinkel.com
Follow us on Facebook.com/GurfinkelLaw, YouTube: US Immigration TV and Instagram.com/gurfinkellaw
Four offices to serve you:
LOS ANGELES; SAN FRANCISCO; NEW YORK:
TOLL FREE NUMBER:
1-866-GURFINKEL (1-866-487-3465)
PHILIPPINES:
+632 8894-0258 or +632 8894-0239