The December 2013 priority dates indicate that the F-2A priority date still remains at September 8, 2013, which is almost the same as being “current.” It is 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, if their petition was filed before September 8, 2013! It is almost like a US citizen petitioning for a spouse or minor child: they are almost immediately eligible for adjustment and work authorization.
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 soon, depending on how many applicants take advantage of this benefit.
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 U.S.), you would have to wait until it becomes current again.
The December 2013 priority dates for the Philippines are as follows:
Michael J. Gurfinkel has been an attorney for over 30 years, and is an active member of the State Bar of California and New York, as well as the American Immigration Lawyers Association and the Immigration Section of the Los Angeles County Bar Association. 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. WEBSITE: www.gurfinkel.com; Follow us on Facebook.com/GurfinkelLaw and Twitter @GurfinkelLaw; TOLL FREE NUMBER: 1-866-GURFINKEL (1-866-487-3465); Four offices to serve you: LOS ANGELES • SAN FRANCISCO • NEW YORK • PHILIPPINES
(This is for informational 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. 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. 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.)