23 Jul What should I do if my priority date is current under F-2A?
By August 1, 2013, the priority date for F-2A for Spouses and minor children of permanent residents will be current. We will discuss the actions necessary to take advantage of this opportunity.
Beneficiary is in the United States
1. If the beneficiary is in the United States and he or she is in valid immigration status then she or he can adjust status. Valid status means the I-94 has not expired.
2. If the beneficiary is in the United States and he is the beneficiary of Sec. 245(i) eligibility, he can adjust status. To be eligible for Sec. 245(i) the beneficiary must have a petition or labor certification filed on her behalf before January14, 1998. After January 14, 1998. she must be physically present in the United States on December 21, 2000 if the petition or labor certification was filed on or before April 30, 2001.
3. If the beneficiary is in the United States and his status expired and he has no eligibility under Sec. 245(i), he cannot adjust status and will have to
wait until the petitioner becomes a U.S. citizen. This is because the unlawful presence can be waived if the petitioner is a U.S. citizen
4. Same sex couples where the petitioner is a Lawful Permanent Resident may get married and adjust status provided the beneficiary has Sec. 245(i) eligibility or her I-94 has not expired.
Beneficiary is outside the United States
If the beneficiary is outside the United States, the petitioner may follow up the processing of his petition with the National Visa Center and the U.S. Consulate in Manila.
Priority Dates for August 2013
The Department of State will be processing the following petitions with priority dates earlier than indicated below.
A. Family Based Preferences:
1. First Preference Unmarried Sons and Daughter of Citizens – Jan. 01, 2001
2. Second Preference:
A. Spouses and Minor Children of Permanent Residents – CURRENT
B. Unmarried Sons and Daughter 21 years and over of Lawful Permanent Residents – Dec. 22, 2002
3. Third Preference Married Sons and Daughters of Citizens – Dec. 01, 1992
4. Fourth Preference Brothers and Sisters of Adult Citizens- Jan. 08, 1990
B. Employment Based Preferences:
1. First Preference – Priority Workers – Current
2. Second Preference – Advanced Degree Professionals – Current
3. Third Preference – Skilled Workers & Professionals – Oct. 22, 2006
Unskilled – Other Workers – Oct. 22, 2006
Scheduled A Workers – Oct. 22, 2006
Note: This is not a legal advice. You will need to consult with an experienced Immigration Attorney about the specifics of your case.