The priority dates in the First, Third, and Fourth Preference categories of the Family-Based Petitions were stalled again, as shown in the May 2000 Priority Dates listed in the monthly Visa Bulletin released by the State Department.
The First Preference Category, F-1 (unmarried sons and daughters of US citizens, over 21 years of age), did not move at all, remaining at April 8, 1988.
The priority date for the Fourth Preference, F-4 (brothers and sisters of United States citizens) was back to its usual inactivity, remaining at August 1, 1979.
The Third Preference Category F-3 (married sons and daughters of United States citizens of Family-Based Petitions did not move for the seventh straight month, remaining at November 15, 1987. (Note: there is now a difference of four months and three weeks in priority dates between unmarried and married adult children of US Citizens (April 8, 1988 for single children versus November 15, 1987 for married children). So, single adult children of US citizens may wish to seek legal advice about marrying, before they are processed for thier visa or green card, since the difference in waiting time is still small and they could possibly include their spouse for a visa at the same time they are processed for their own visa. Note: children of green card holders cannot marry, or their petition is void, as green card holders can only petition unmarried children.
The Second Preference, 2A (spouse and minor children --below 21 years of age -- of green card holders) of Family-Based Petitions moved forward one month, from January 1, 1996 to February 1, 1996.
The Second Preference, 2B (unmarried sons and daughters, over 21 years of age, of green card holders) moved forward by only 10 days, from January 22, 1993 to February 1, 1993.
The priority dates for non-skilled workers category under the Employment-Based Petitions moved forward another two months, from June 1, 1994 to August 1, 1994.
The priority dates for professionals and skilled workers, EB-3 remained current. This means those who have INS-approved I-140 employment-based immigrant petitions under the Third Preference (professionals and skilled workers), may still file for adjustment of status, and be processed for green cards in the US, (if they are already in the US). For nurses and physical therapists, INS regulations for CGFNS have been published, such that nurses and physical therapists would be eligible to adjust status or be processed for a visa.
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 May, 2000 priority dates for the Philippines are as follows:
FAMILY CATEGORY:
First Preference: Unmarried sons and daughters of US citizens (over 21 years of age). Priority Date: April 8, 1988 (In April 2000, the priority date was the same.)
Second Preference:
2A. Spouse and minor children (below 21 years old) of green card holder. Priority Date: February 1, 1996 (In April 2000, the priority date was Jan. 1, 1996.)
2B. Unmarried sons and daughters (over 21 years old) of green card holder. Priority Date: February 1, 1993 (In April 2000, the priority date was Jan. 22, 1993.)
Third Preference: Married sons and daughter of US citizens. Priority Date: November 15, 1987 (In April 2000, the priority date was the same.)
Fourth Preference: Brothers and sisters of US citizens. Priority Date: August 1, 1979 (In April 2000, the priority date was the same.)
EMPLOYMENT-BASED PETITIONS (including Labor Certification):
Third Preference: Professional/Skilled workers. Priority Date: CURRENT (In April 2000, the priority date was also current.)
Other Workers: Non-Skilled workers. Priority Date: August 1, 1994 (In April 2000, the priority date was June 1, 1994).
Many people are concerned about the slow movement of some family-based preference categories. Others may have been petitioned by an aging or sickly parent. (Once the petitioner dies, the petition is "automatically revoked.") If you are among them, you may wish to consider other, faster ways to immigrate, such as an employment-based petition (Labor Certification), which now takes approximately 3-4 years to process. An employer's petition could back-up a family petition. Remember, it is legal to be petitioned in as many ways as are legitimately available to a person, all at the same time. Therefore, a person can be petitioned by a relative and an employer, at the same time!
Michael J. Gurfinkel has been an attorney for 20 years. He has always excelled in school: Valedictorian in High School; Cum Laude at UCLA; and Law Degree Honors and academic scholar at Loyola Law School, which is one of the top law schools in California. He is also a member of the American Immigration Lawyers Association and the Immigration Section of the Los Angeles County Bar Association.
His offices are located at 219 North Brand Boulevard, Glendale, California, 91203 Telephone: (818) 543-5800. His Makati office is located at Heart Tower, Unit 701, 108 Valero Street, Salcedo Village, Makati, Philippines; Telephone: 894-0258 or 894-0239.
(This is for informational purposes only, and reflects the firm's opinions and views on general issues. No prediction, warranty or guarantee can be made about the results of any case. Should you need or want legal advice, you should consult with and retain counsel of your own choice.)