Family Priority Dates Retrogress
Posted May 17, 2002

The visa number priority dates for family first preference (unmarried sons and daughters of U.S. citizens) have substantially retrogressed (i.e. moved backward) for the month of June 2002. This development comports with a U.S. Department of State (DOS) announcement in May 2002 that the visa numbers in several family-based categories were expected to retrogress shortly. The family, fourth preference (brothers and sisters of adult U.S. citizens) for Mexico is also likely to retrogress soon, though that category advanced slightly in June. The result will be even more time spent on the waiting list for these family-based immigrants.

A detailed explanation of priority dates is available at MurthyDotCom, in our article from March 18, 2000, Priority Dates : How do they work?. Essentially, the U.S. establishes family and employment categories, known as preferences, and each year limits the number of those who can immigrate on a permanent basis in each category. Cases are assigned priority dates based on the date of filing. DOS publicizes a chart of dates indicating categories that are "current," meaning that a visa number is available for petitions filed prior to the date indicated. From time to time, the dates will go backward or "retrogress," due to excess demand. An individual cannot file for adjustment of status to permanent residence (I-485) or obtain an immigrant visa at a U.S. consulate abroad unless his/her priority date is current.

Note that certain relatives are not subject to any quota or waiting list. Known as "immediate relatives," these include spouses, parents, and children (under 21) of U.S. citizens. By law, immediate relatives are always current.

A person within one of the family-preference categories, who is in the U.S. and has a current priority date, will need to file for Adjustment of Status before the numbers retrogress in June 2002. The May 2002 priority date of March 1, 1999 (for all countries except Mexico and the Philippines) for family first preference remains in effect throughout the month of May. The retrogressed June 2002, family first preference priority date of July 1, 1995 (also for all countries except Mexico and the Philippines) becomes effective in June 2002.

If the priority dates retrogress after an Application for Adjustment of Status is filed, the application will remain pending until the number becomes current once again. This assumes that the applicant still falls within the same category. (For example, in the case of family first preference, the person would have to remain unmarried. A marriage would change the category to family third preference. In that event, they would have to wait until the priority date for family third preference became current.) A pending Adjustment of Status application is a substantial benefit, as a person is in a period of authorized stay while the application is pending. Once the application is filed, the applicant also is eligible to obtain an employment card and possibly an advance parole, if s/he has previously maintained status to enable freedom of travel. Once the number becomes current the application can be acted upon and, if all is well, approved.