INS Clarifies Immigrant Petition Transfer Memo

Efren Hernandez of the INS has advised AILA of a clarification of the May 9, 2000 memorandum regarding "transfer" of an adjustment application to a new petition. Mr. Hernandez indicates that the statement on the second page that “…a priority date may not be transferred to another preference category” refers to transfers of priority dates between family based and employment based classifications. INS continues to acknowledge that priority dates are transferable between preferences within the broad classifications of family or employment.

INS is working on a revision to the memo, but cannot say when the revision will be issued.