Faster ways to bring your family to the US with the faster priority dates (Part I)

Since May 2010, many Filipinos have been astonished by the recent acceleration of priority dates for most family-based categories. Some family categories have moved forward over 3 years in just a few months!!! Even the stagnant employment based categories are finally moving forward.

For example, from May 2010 to September 2010, the priority dates of the following categories have advanced several years:

1. F-1 (Unmarried sons and daughters (over 21 years old) of US citizens): from November 1, 1994 to January 1, 1997, equals 2 years and 2 months.

2. F-2A (Spouse and minor children (below 21 years old) of green card holders): from December 1, 2006 to January 1, 2010, equals 3 years and 1 month.

3. F-2B (Unmarried sons and daughters (over 21 years old) of green card holders): from November 15, 1998 to August 1, 2002, equals 3 years, 8 months and 17 days.

4. F-3 (Married sons and daughters of US citizens): from May 1, 1992 to January 1, 1995, equals 2 years and 8 months.

5. F-4 is (Brothers and sisters of US citizens): December 8, 1987 to January 1, 1991, equals 3 years and 24 days.

Because of the phenomenal forward movement of the priority dates, here are some tips and advice you may want to consider for your family petition:

1. File an F-2A petition as an alternative to naturalization or “following to join.: It may now be FASTER to petition a spouse or minor child in the F-2A category than waiting to naturalize, or bringing them to the US as “following to join” under your existing petition. For example, if a person was petitioned by an employer, the petition would also include the spouse and children as “following to join”. There would be no need to file a separate F-2A petition. However, because the employment based priority dates have retrogressed (moved backwards), filing a family petition may now be faster. As of September 2010, the backlog for F-2A petitions is only about nine months. So, at the present time, it is probably faster to file a family petition than to wait for your family to come to the US as “following to join.” Also, it may be as fast to file an F-2A petition, while still as an immigrant, than to wait to naturalize as a US citizen and then file an immediate relative petition.

2. The F-3 category (married children of US citizen) may now be “current”, such that you may want to marry your live-in partner. If you were petitioned in the F-1 category (single adult child of US citizen), but have a live-in boyfriend or girlfriend, whom you are not marrying because you want to protect your single status, you should know that as of September 2010 the priority date for married children is January 1, 1995. Therefore, if your priority date as single is earlier than January 1, 1995, you should go to an attorney, to see whether it is possible to marry your boyfriend or girlfriend before you receive a visa, so that he/she is also included under the petition. (I emphasize that you should see an attorney first, to determine if it’s okay to marry, rather than marry first and then see the attorney).

In a future article, I will discuss more ways to bring your family to the US, and/or help them get green cards faster, because of the rapid movement of priority dates.

That is why it is so important that you monitor your priority date, keep your address current, and I would strongly recommend that you seek the advice of a reputable attorney, who can evaluate your situation, and see if you are already eligible for your green card now!

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