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Opinion

The January 2011 priority dates - even more retrogression!!

IMMIGRATION CORNER - Michael J. Gurfinkel -

After moving forward at such a phenomenal pace in recent months, the priority dates began retrogressing (moving backwards). That unfortunate trend continues in the January 2011 visa bulletin, where some categories moved back several years since the December 2010 posting.

Petitions by Citizens:

The priority date for the First Preference Category, F-1 (unmarried sons and daughters of US citizens, over 21 years of age) retrogressed by 2 years and 10 months from April 1, 1997 to June 1, 1994.

The Third Preference Category, F-3 (married sons and daughters of United States citizens) retrogressed by 8 months and 9 days from July 1, 1992 to October 22, 1991.

The Fourth Preference, F-4 (brothers and sisters of United States citizens) priority date remained the same at January 1, 1988.

Petitions by Green Card Holders:

The Second Preference, F-2A (Spouse and minor children (below 21 years old) of green card holder) retrogressed by 2 years and 7 months from August 1, 2010 to January 1, 2008.

The Second Preference, F-2B (unmarried sons and daughters, over 21 years of age, of green card holders) retrogressed by 9 months and 15 days from March 1, 2000 to May 15, 1999.

Petitions by Employers:

However, the Third Preference (professionals and skilled workers) of Employment-Based Petitions (Labor Certification) priority date moved forward by 1 month from February 22, 2005 to March 22, 2005. The priority date for unskilled (other) workers remained the same at April 1, 2003.

Each month, the Visa Office of the State Department publishes the priority dates for that particular month. This means that visas (or green cards) would now be available for persons whose priority date is earlier than the cut-off date listed below. If your priority date was “current”, but retrogressed (or became “unavailable”) before your immigrant visa was issued (or before you adjusted status in the US), you would have to wait until it becomes current again.

The January 2011 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)

June 1, 1994

(In December 2010, the priority

date was April 1, 1997.)

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

January 1, 2008

(In December 2010, the priority

date was August 1, 2010.)

 

May 15, 1999

(In December 2010, the priority

date was March 1, 2000.) 

Third Preference

Married sons and daughters

of U.S. citizens.

October 22, 1991

(In December 2010, the priority

date was July 1, 1992.)

Fourth Preference

Brothers and sisters

of U.S. citizens.

January 1, 1988

(In December 2010, the priority

date was the same.)

Labor Certification:

Third Preference

Professional/Skilled

Workers

March 22, 2005

(In December 2010, the priority

date was February 22, 2005)

Other workers

Non-Skilled Workers

April 1, 2003

(In December 2010, the priority

date was the same.)

       

                                   

Four offices to serve you: PHILIPPINES: 894-0258 or 894-0239; LOS ANGELES; SAN FRANCISCO; NEW YORK:  TOLL FREE NUMBER: 1-866- GURFINKEL (1-866-487-3465)

*      *      *

 Website: www.gurfinkel.com

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