December 2017 priority dates

F-1 and F-2B retrogress!

THE December 2017 priority dates bring bad news for those Filipinos petitioned as adult single children of US citizens (F-1) or green card holders (F-2B).
• For single adult children of US citizens (F-1), the priority date will retrogress (move backwards) approximately two years (from January 1, 2007 back to January 1, 2005)!
• For adult single children of green card holders (F-2B) the priority date will retrogress approximately one year (from January 1, 2007 back to July 1, 2006)!
The reason these priority dates will retrogress (move backwards) is that more people are seeking immigrant visas or adjustment of status in these categories than the number of visas available.  Therefore, it’s a question of supply and demand.  There are not enough visas in these categories to meet the demand.  As stated in the Visa Bulletin: “In recent months the amount of applicant demand being received has been increasing at a steady pace.  The level of such demand has reached a point where it has become necessary to retrogress each of those final action dates in an effort to hold the number use within the annual limit for these preference categories.”  In addition, the “fiscal year” for visas is October 1 of each year, which has already passed.  Therefore, it may not be until October 1, 2018 until there is a “new supply” of annual visas.
This also means that starting December 1, 2017, if your F-1 priority date is after January 1, 2005, you would not be able to file for adjustment of status or be issued an immigrant visa, even if your priority date is current at the present time.  The same is true for F-2B: if your priority date is after July 1, 2006, starting December 1, 2017, you would not be eligible to file for adjustment of status or green card.
If your priority date is NOW current, but will retrogress in December 2017, it is important to make sure your adjustment of status application is filed or your immigrant visa is issued before retrogression.

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Michael J. Gurfinkel has been an attorney for over 35 years and 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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Atty. Michael Gurfinkel
Atty. Michael Gurfinkel

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