July 2001 priority dates

The priority date for non-skilled workers under employment-based petitions continued its rapid movement, and became current as shown in the July 2001 Priority Dates listed in the monthly Visa Bulletin released by the State Department.

This means that those who have INS-approved I-140 employment-based immigrant petitions as non-skilled workers may now file for adjustment of status, and be processed for a green card.

On the other hand, the priority date for Second Preference, 2B (unmarried sons and daughters, over 21 years of age, of green card holders) of Family-Based Petitions was set back by almost six months, to January 1, 1993 from June 22, 1993. This obviously was because of a huge backlog in that category.

The Second Preference, 2A (spouse and monitor children – below 21 years of age – of green card holders) of Family-Based Petitions remained at September 22, 1996.

The First Preference Category, F-1 (unmarried sons and daughters of U.S. citizens, over 21 years of age), remained at May 22, 1988.

The priority date for the Fourth Preference, F-4 (brothers and sisters of United States citizens), moved forward by two weeks, to September 1, 1979 from August 15, 1979.

The Third Preference Category F-3 (married sons and daughters of United States citizens) of Family-Based Petitions remained the same at December 8, 1987. (Note: There is a difference of less than six months in priority dates between unmarried and married adult children of U.S. Citizens (May 22, 1988 for single children versus December 8, 1987 for married (children). So, single adult children of U.S. citizens may wish to seek legal advice about marrying, before they are processed for their 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 holder parents can only petition unmarried children.)

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 U.S. (if they are already in the U.S.). 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 July 2001 priority dates for the Philippines are as follows:

FAMILY CATEGORY: Priority Date:

First Preference Unmarried sons and May 22, 1988

daughters of U.S. (In June 2001, the

citizens (over 21 years priority date was

of age) the same.)

Second Preference 2A. Spouse and minor September children (below 21 22, 1996

years old) of (In June green card holder 2001, the

priority date was the same.) 2B. Unmarried sons and January 1, 1993

daughters (over 21 (In June 2001, the

yearsold) of green priority date was

card holder June 22, 1993.)

Third Preference Married sons and December 8, 1987

daughters of U.S. (In June 2001, the

citizens priority date was

the same.)

Fourth Preference Brothers and sisters September 1, 1979

of U.S. citizens (In June 2001, the

priority date was the

August 15, 1979.)

EMPLOYMENT-BASED PETITIONS (including Labor Certification):

Third Preference Professional/Skilled CURRENT

workers (In June 2001, the

priority date was also

current.)

Other Workers Non-Skilled workers CURRENT

(In June 2001, the

priority date was

May 1, 1999.)

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 a licensed attorney in California for 21 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 an active member of the State Bar of California, the American Immigration Lawyers Association, and the Immigration Section of the Los Angeles County Bar Association. All immigration services are provided by an active member of the State Bar of California and/or by a person under the supervision of an active member of the State Bar.

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. For more information about the Law Offices of Michael J. Gurfinkel, and to read previously published articles, please visit our website at www.gurfinkel.com

(This is for information purposes only, and reflects the firm’s opinions and views on general issues. Each case is different and results may depend on the facts of a particular case. 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.)