The September 2013 priority dates have phenomenal news for spouses and minor children of green cardholders (Category F – 2A). That means that spouses and minor children of green cardholders would be eligible to file for adjustment of status and work authorization, if they are in the US, and are otherwise eligible! That is the case regardless of what their priority date is. It is almost like a US citizen petitioning for a spouse or minor child: they are immediately eligible for adjustment and work authorization. However, the State Department warns in the monthly Visa Bulletin that come October, it is “likely” that the priority date will retrogress or move backwards.
If you have an F – 2A petition pending, you should immediately seek the advice of an attorney to see if your family is eligible to file for adjustment of status (i.e. evaluate if in status, need 245(i), fraud and other admissibility issues, crimes, same sex marriage, preserve your child’s CSPA eligibility in the US or Philippines, etc.), but you probably need to hurry, because this phenomenal opportunity will likely end in October.
Each month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment based categories. A priority date is a person’s “place in line” for a visa, meaning that immigrant visas (or green cards) would be available for persons whose priority date is earlier than the cut-off date listed below. If your priority date was “current,” but later retrogressed (or “moved backwards” and 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.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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