You are here: Home / Archives for Family Immigration
posted on April 20, 2013 by

You Are Not Alone

As evidenced by national and local headlines, immigration law and its constant evolution can be overwhelming and confusing.  If you want to understand what’s actual law and what’s not, you are not alone.  This newsletter, Immigration Insiders, is the place you can come to be guaranteed a brief, yet accurate, summary of current immigration law.  We study current statutory law, court rulings, and Congressional action, so you don’t have to.

By way of this message, we welcome you to the re-launch of The Whitt Law Firm’s immigration law newsletter.  Though our initial newsletter was well received, we were busy serving families, who wished to reunite; businesses, that needed employees; and foreign nationals, who wished to visit, work in, or invest in the United States.  We admit that our newsletter fell by the wayside.

That being said, we have received requests for the newsletter’s continuance and feel it’s our duty to help our friends as well as the public to understand what’s going on in the dynamic world of immigration law.  Therefore, we are happy to announce the rebirth of our newsletter as “Immigration Insiders”, with a new publishing schedule.
If you’d like to receive our Immigration Insiders newsletter, it will be in your inbox at least once a month.  If you would prefer not to receive the newsletter, that’s okay.  You can safely unsubscribe below; and, of course, you’re welcome to re-subscribe any time you wish.

What You Can Expect from Immigration Insiders

At least once a month, you will have the opportunity to tune in to a summary of current immigration issues and law, analyzed, researched, and drafted by experienced immigration attorney, Wendy Whitt.

Here are a few sample topics:

·         The Current Status of Immigration Reform
·         Solutions for Employers Facing the H-1B Visa Shortage
·         Practical Advice on Preparing for Visa Interviews

How To Sign Up For Immigration Insiders Newsletters

To receive our Immigration Insiders newsletter monthly, please enter your email address in the box provided on our website.  No worries; your privacy is guaranteed.  We will never ever share your email address and unsubscribes are always honored promptly.

You Are Not Alone

Immigration Insiders will be there for you each and every month, so long as you wish to continue to subscribe.  If you should need more information or legal advice, you are invited to contact our office for an in person or Skype consultation.

Immigration Insiders

Filed Under: Asylum and Refugees, Business Immigration, Family Immigration, Immigration News, Immigration Reform
posted on April 20, 2013 by

Immigration Options for Syrians

Despite the escalating humanitarian crisis in Syria, there are currently no special immigration programs allowing Syrians to travel to the United States.  Instead, Syrians must turn to traditional immigration programs.  Immigration options for Syrians include:

1.  Asylum

Syrian refugees who are able to travel to the United States or a U.S. port of entry may apply for asylum.  You cannot apply for asylum from Syria.  To apply, you must have a demonstrated fear of persecution based upon one or more of the following:

  • Race,
  • Religion,
  • Nationality,
  • Membership in a social group, or
  • Political opinion

Fear of generalized violence or indiscriminate killing is not enough.  The persecution must be carried out by the Syrian government or a group the government is unable or unwilling to control.  The asylum process is complex and lengthy.  If you apply without the assistance of an attorney, you have a high risk of being denied.   If you wish to apply for asylum, seek out an experienced asylum attorney in your area.

2.  Refugee Resettlement

Refugees unable to travel to the U.S. may apply for refugee resettlement.  You must travel to one of the USCIS offices authorized to accept applications to the U.S. refugee admissions program including Athens, Frankfurt, Hong Kong, Madrid, Manila, Mexico City, New Delhi, Rome and Vienna.  The U.S. government will provide no assistance to help you travel to one of these cities, so you must be able to obtain a visa to enter the country where you wish to apply.  The U.S. refugee admissions process can take many months or years, and there is no guarantee you will be approved for resettlement.  Many approved applicants will be forced to wait for lengthy security clearances before receiving permission to enter the U.S.

3.  Family Immigration

If you have a U.S. citizen fiance, spouse, parent (if you are an unmarried child under 21) or a child age 21 or older, you may be eligible for an expedited family immigration petition.  Although a lawful permanent resident spouse, parent or a U.S. citizen brother or sister may sponsor you, visas are not immediately available under those programs and the petition will not provide you any immediate benefit.

Once your case is approved by USCIS, it will be sent to the U.S. Embassy in Jordan for consular processing.  (The U.S. Embassy in Damascus suspended consular operations in February 2012.)  If you are unable to travel to Jordan for your interview, you may request your case be transferred to another embassy in the region.  After your interview, you may be subjected to additional administrative processing, especially if you served in the Syrian military or worked for the government.  Former members of the Ba’ath Party will have to overcome significant legal obstacles to admission to the U.S.

4.  Humanitarian Parole

One last option for Syrian refugees is humanitarian parole.  Humanitarian parole is used sparingly to bring someone to the United States for a temporary period of time based on urgent humanitarian reasons or if there is a significant public benefit.   You do not need a sponsor in the U.S. to apply.  Humanitarian parole applications are granted by discretion, and very few cases will be approved.  You cannot use parole to avoid normal visa-issuing procedures or to bypass immigration procedures.

If you are currently inside the U.S., you may be eligible for other programs such as Temporary Protected Status, a visa extension, and approval of work authorizations for student visa holders.  To receive monthly updates on immigration options for Syrians, please sign up for our newsletter below.

Immigration Options for Syrians

Filed Under: Asylum and Refugees, Family Immigration, Syrian Asylum
posted on March 30, 2012 by

Syria TPS (Temporary Protected Status) Registration is Open

We applaud the Obama administration’s decision to designate Syria for Temporary Protected Status (TPS).  This will doubtless save many lives as the violent conflict in Syria rages on.  Details and procedures for applying for Temporary Protected Status have been published in the Federal Register.  It is estimated that over 3,000 Syrians in the U.S. are eligible to apply for TPS.  The registration deadline is September 25, 2012.

To be eligible for Temporary Status, Syrians must file an application along with evidence that demonstrates:

1.  They are nationals of Syria;

2.  They have continuously resided in the U.S. since March 29, 2012; and

3.  They have been continuously present in the U.S. since March 29, 2012.

Syria TPS applicants will be subjected to background and security checks.  If you have been arrested for or convicted of any offenses, consult with an immigration attorney before filing your registration application.  If you are found to have committed any deportable offenses, your application will be denied and you will be referred to the Immigration Court for removal.  Also, various grounds of inadmissibility apply to TPS registrants, including the bar for participating in the persecution of another individual.  USCIS has frequently found former members of the Baath Party to be inadmissible under the persecutor bar.  If you have ever been a member of the Baath party, you should consult with an immigration attorney to determine whether you are eligible for TPS.

Temporary Protected Status allows Syrians to remain in the U.S. and obtain work authorization until the TPS designation is terminated.  Once the designation is terminated, you will revert back to the immigration status you had before TPS.  Temporary Protected Status does not lead to permanent residence or U.S. citizenship.  If you are not present in the U.S., you are not eligible for TPS and should explore other immigration alternatives.  If you have questions about Syria TPS or would like assistance in filing your case, please schedule a consultation with our immigration attorney.

Dallas Immigration Attorney

 

Filed Under: Asylum and Refugees, Family Immigration, Immigration News, Syrian Asylum
posted on February 7, 2012 by

U.S. Embassy in Syria Closed

Due to the recent surge of violence in Syria, the United States has closed the Embassy in Damascus.  All American Embassy personnel have departed the country.  The State Department has directed U.S. citizen petitioners who are resident in Syria to email USCIS.Amman@dhs.gov if they wish to make an appointment to file I-130 petitions in Amman for their Syrian relatives.  All I-730 petitions Refugee/Asylee following to join cases have been transferred to the Embassy in Amman, Jordan.  If your relative is unable to travel to Amman for his or her interview, you may be able to transfer the case file to another U.S. Embassy in the region.

Filed Under: Family Immigration, Immigration News Tagged With: , ,
posted on December 2, 2011 by

Diversity Visa Scam Alert

Due to the increase in Diversity Visa scams, the U.S. State Department has issued a new Diversity Visa Scam alert.  The State Department as also changed the way it communicates with those selected in the lottery.  While DV-2012 and DV-2013 applicants may receive an email from the U.S. government reminding them to check their status online through DV Entrant Status Check, they will not receive a notification letter or email informing them that they are a successful DV entrant. Applicants can only find out if they were selected to continue with DV processing by checking their status online through the DV Entrant Status Check at http://www.dvlottery.state.gov .

If you have received a diversity visa scam email, you may file a complaint at econsumer.gov, which is a joint effort of consumer protection agencies from 17 nations, hosted by the Federal Trade Commission. You can also visit the Federal Bureau of Investigation (FBI) Internet Crime Complaint Center (IC3)website.

Filed Under: Green Cards, Immigration News
posted on September 27, 2011 by

Dallas Immigration Lawyer: Can My Fiancee Marry Me on a Tourist Visa?

Our Dallas immigration lawyer was  recently presented with the following question from a prospective client:

I am a United States citizen. My fiance is from India, and she has a U.S. tourist visa for the next 10 years. Can I bring her here for “vacation” and then during that time marry her?  Will we have any problems applying for her green card after the marriage?
 

Fiancee VisaThis is a very bad idea for several reasons.  The fiancee visa (K-1 visa) is the only proper method for your fiancee to use to enter the U.S. if you want to marry and have her stay permanently in the U.S.   If your fiancee attempts to enter the United States for the purpose of marriage but uses a tourist visa, experienced officers can often detect a problem and refuse her entry at the airport or border.

If she is allowed to enter and you marry, you will have to apply for a green card through adjustment of status for her to be able to remain in the U.S.  This process will be difficult if your fiancee entered on a tourist visa. The U.S. government may require your spouse to leave the country and apply for a spouse visa.  Your spouse would probably not be able to visit you in the U.S. while her visa petition is pending, and you would be in for a long separation.  Your spouse may also be accused of committing immigration fraud by entering for marriage on a tourist visa, which can complicate future immigration petitions on her behalf.

If you want to marry your fiancee and have her join you in the U.S. as soon as possible, you should consult with an immigration lawyer about filing a fiance visa petition.  The visa allows your fiancee to enter the U.S., marry you within 90 days, and then apply for a green card.  She would be allowed to remain in the U.S. while her green card application is pending.

Schedule a consultation with our Dallas Immigration Lawyer to find out how we can help you apply for a fiance visa or to learn more about your options for bringing your fiancee or spouse to the United States.

Dallas Immigration Lawyer

Filed Under: Family Immigration, Fiance Visa, Green Cards
posted on September 18, 2011 by

U.S. Embassy in Sana’a Resumes Visa Services

The U.S. Embassy in Sana’a, Yemen, has begun rescheduling visa interviews for immediate relatives of United States citizens.  If your visa interview appointment was cancelled, you will be notified when the appointment is rescheduled. The Embassy is also beginning to review cases that have been in administrative processing.  Non-immigrant visa services remain suspended.

Immigrant visa applicants who have not yet been interviewed by a consular officer may request another U.S. embassy or consulate that processes immigrant visa applications accept their immigrant visa case. Any request must be sent directly to the Immigrant Visa Section of the relevant U.S. embassy or consulate. Once another Embassy notifies the Yemen Embassy that they will accept your case, the case will be transferred.

Filed Under: Business Immigration, Family Immigration, Immigration News
posted on August 23, 2011 by

Visa Bulletin for September 2011

A. STATUTORY NUMBERS

1.  This bulletin summarizes the availability of immigrant numbers duringSeptember. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status.  Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by August 8th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed.  The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits.  Only applicants who have a priority dateearlier than the cut-off date may be allotted a number.  If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin.

2. The fiscal year 2011 limit for family-sponsored preference immigrants determined in accordance with Section 201 of the Immigration and Nationality Act (INA) is 226,000.  The fiscal year 2011 limit for employment-based preference immigrants calculated under INA 201 is 140,000.  Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620 for FY-2011.  The dependent area limit is set at 2%, or 7,320.

3.  INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.  Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal.  The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit.  These provisions apply at present to the following oversubscribed chargeability areas:  CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

4.  Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Family- Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
F1 01MAY04 01MAY04 01MAY04 15MAR93 01NOV96
F2A 01DEC08 01DEC08 01DEC08 22SEP08 01DEC08
F2B 01JUL03 01JUL03 01JUL03 01NOV92 22MAR01
F3 22AUG01 22AUG01 22AUG01 22NOV92 15MAY92
F4 15APR00 15APR00 15APR00 22MAR96 08JUL88

*NOTE:  For September, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 22SEP08.  F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 22SEP08 and earlier than 01DEC08.  (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

5.  Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES

First:  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth:  Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Employment- Based All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 15APR07 15APR07 C C
3rd 22NOV05 15JUL04 08JUL02 22NOV05 22NOV05
Other Workers 01AUG05 22APR03 01JUN02 01AUG05 01AUG05
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted Employment Areas/ Regional Centers and Pilot Programs		 C C C C C

*Employment Third Preference Other Workers Category:  Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year.  This reduction is to be made for as long as necessary to offset adjustments under the NACARA program.  Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

6.  The Department of State has a recorded message with visa availability information which can be heard at:  (202) 663-1541.  This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years.  The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program.  This resulted in reduction of the DV-2011 annual limit to 50,000.  DV visas are divided among six geographic regions.  No one country can receive more than seven percent of the available diversity visas in any one year.

For September, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately
AFRICA CURRENT Except: Ethiopia 32,700
ASIA CURRENT
EUROPE CURRENT Except: Uzbekistan  UNAVAILABLE
NORTH AMERICA (BAHAMAS) CURRENT
OCEANIA CURRENT
SOUTH AMERICA, and the CARIBBEAN CURRENT

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery.  The year of entitlement for all applicants registered for the DV-2011 program ends as of September 30, 2011.  DV visas may not be issued to DV-2011 applicants after that date.  Similarly, spouses and children accompanying or following to join DV-2011 principals are only entitled to derivative DV status until September 30, 2011.  DV visa availability through the very end of FY-2011 cannot be taken for granted.  Numbers could be exhausted prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN OCTOBER

For October, immigrant numbers in the DV category are available to qualified DV-2012 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately
AFRICA 8,500 Except: Egypt 5,000
Ethiopia 7,000
Nigeria 7,000
ASIA 8,000
EUROPE 8,500
NORTH AMERICA (BAHAMAS) 3
OCEANIA 300
SOUTH AMERICA, and the CARIBBEAN 400

D. DIVERSITY VISA LOTTERY 2012 (DV-2012) RESULTS

The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified the winners of the DV-2012 diversity lottery.  The diversity lottery was conducted under the terms of section 203(c) of the Immigration and Nationality Act and makes available *50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States.  Approximately 100,021 applicants have been registered and notified and may now make an application for an immigrant visa. Since it is likely that some of the first *50,000 persons registered will not pursue their cases to visa issuance, this larger figure should insure that all DV-2012 numbers will be used during fiscal year 2012 (October 1, 2011 until September 30, 2012).

Applicants registered for the DV-2012 program were selected at random from 14,768,658 qualified entries (19,672,268 with derivatives) received during the 30-day application period that ran from noon on October 5, 2010, until noon, November 3, 2010.  The visas have been apportioned among six geographic regions with a maximum of seven percent available to persons born in any single country.  During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or show two years of work experience in an occupation that requires at least two years of training or experience within the past five years.  Those selected will need to act on their immigrant visa applications quickly.  Applicants should follow the instructions in their notification letter and must fully complete the information requested.

Registrants living legally in the United States who wish to apply for adjustment of their status must contact U.S. Citizenship and Immigration Services for information on the requirements and procedures.  Once the total *50,000 visa numbers have been used, the program for fiscal year 2012 will end.  Selected applicants who do not receive visas by September 30, 2012 will derive no further benefit from their DV-2012 registration.  Similarly, spouses and children accompanying or following to join DV-2012 principal applicants are only entitled to derivative diversity visa status until September 30, 2012.

Only participants in the DV-2012 program who were selected for further processing have been notified.  Those who have not received notification were not selected.  They may try for the upcoming DV-2013 lottery if they wish.  The dates for the registration period for the DV-2013 lottery program are expected to be widely publicized at some point during the coming months.

* The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulated that up to 5,000 of the 55,000 annually-allocated diversity visas be made available for use under the NACARA program.  The reduction of the limit of available visas to 50,000 began with DV-2000.

The following is the statistical breakdown by foreign-state chargeability of those registered for the DV-2012 program:

AFRICA
ALGERIA 1,799
ANGOLA 42
BENIN 511
BOTSWANA 7
BURKINA FASO 226
BURUNDI 56
CAMEROON 3,374
CAPE VERDE 9
CENTRAL AFRICAN
REP. 3
CHAD 33
COMOROS 9
CONGO 105
CONGO, DEMOCRATIC
REPUBLIC OF THE 3,445
COTE D’IVOIRE 553
DJIBOUTI 38
EGYPT 4,664
EQUATORIAL GUINEA 4
ERITREA 670		 ETHIOPIA 4,902
GABON 48
GAMBIA, THE 113
GHANA 5,832
GUINEA 899
GUINEA-BISSAU 3
KENYA 4,720
LESOTHO 8
LIBERIA 2,101
LIBYA 136
MADAGASCAR 17
MALAWI 16
MALI 76
MAURITANIA 29
MAURITIUS 59
MOROCCO 1,890
MOZAMBIQUE 13
NAMIBIA 10
NIGER 32		 NIGERIA 6,024
RWANDA 333
SAO TOME AND
PRINCIPE 0
SENEGAL 270
SEYCHELLES 6
SIERRA LEONE 3,397
SOMALIA 175
SOUTH AFRICA 833
SUDAN 757
SWAZILAND 0
TANZANIA 175
TOGO 845
TUNISIA 113
UGANDA 418
ZAMBIA 79
ZIMBABWE 123
ASIA
AFGHANISTAN 109
BAHRAIN 29
BANGLADESH 2,373
BHUTAN 5
BRUNEI 0
BURMA 370
CAMBODIA 596
HONG KONG
SPECIAL ADMIN.
REGION 54
INDONESIA 256
IRAN 4,453		 IRAQ 153
ISRAEL 175
JAPAN 435
JORDAN 152
NORTH KOREA 0
KUWAIT 108
LAOS 1
LEBANON 274
MALAYSIA 118
MALDIVES 0
MONGOLIA 209		 NEPAL 3,258
OMAN 11
QATAR 19
SAUDI ARABIA 217
SINGAPORE 45
SRI LANKA 708
SYRIA 160
TAIWAN 391
THAILAND 73
TIMOR-LESTE 9
UNITED ARAB
EMIRATES 92
YEMEN 149
EUROPE
ALBANIA 1,508
ANDORRA 1
ARMENIA 998
AUSTRIA 130
AZERBAIJAN 304
BELARUS 493
BELGIUM 105
BOSNIA &
HERZEGOVINA 83
BULGARIA 883
CROATIA 107
CYPRUS 26
CZECH REPUBLIC 104
DENMARK 73
ESTONIA 49
FINLAND 91
FRANCE 574
French Polynesia 7
New Caledonia 1
GEORGIA 620
GERMANY 1,709
GREECE 105		 HUNGARY 325
ICELAND 56
IRELAND 213
ITALY 529
KAZAKHSTAN 434
KOSOVO 137
KYRGYZSTAN 321
LATVIA 83
LIECHTENSTEIN 0
LITHUANIA 258
LUXEMBOURG 8
MACEDONIA 160
MALTA 20
MOLDOVA 1,238
MONACO 3
MONTENEGRO 18
NETHERLANDS 149
Aruba 4
Curacao 19
St. Maarten 2
NORTHERN
IRELAND 59		 NORWAY 84
PORTUGAL 66
Macau 19
ROMANIA 1,327
RUSSIA 2,353
SAN MARINO 1
SERBIA 298
SLOVAKIA 80
SLOVENIA 16
SPAIN 232
SWEDEN 200
SWITZERLAND 229
TAJIKISTAN 270
TURKEY 3,077
TURKMENISTAN 143
UKRAINE 5,799
UZBEKISTAN 4,800
VATICAN CITY 0
NORTH AMERICA
BAHAMAS, THE 15
OCEANIA
AUSTRALIA 900
Christmas Islands 3
Cocos Islands 1
FIJI 628
KIRIBATI 14
MARSHALL ISLANDS 4
MICRONESIA,
FEDERATED
STATES OF 2		 NAURU 5
NEW ZEALAND 309
Cook Islands 6
Niue 14
PALAU 5
PAPUA NEW
GUINEA 0
SAMOA 0
SOLOMON
ISLANDS 0		 TONGA 93
TUVALU 0
VANUATU 8
WESTERN SAMOA 9
SOUTH AMERICA, CENTRAL AMERICA, AND THE CARIBBEAN
ANTIGUA AND
BARBUDA 9
ARGENTINA 101
BARBADOS 25
BELIZE 9
BOLIVIA 84
CHILE 43
COSTA RICA 43
CUBA 292		 DOMINICA 18
GRENADA 24
GUYANA 26
HONDURAS 80
NICARAGUA 49
PANAMA 21
PARAGUAY 17
SAINT KITTS AND
NEVIS 7		 SAINT LUCIA 4
SAINT VINCENT AND
THE GRENADINES 16
SURINAME 15
TRINIDAD AND
TOBAGO 175
URUGUAY 19
VENEZUELA 925

Natives of the following countries were not eligible to participate in DV-2012: Brazil, Canada, China (mainland-born, excluding Hong Kong S.A.R. and Taiwan), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, the Philippines, Poland, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

E. OBTAINING THE MONTHLY VISA BULLETIN

The Department of State’s Bureau of Consular Affairs publishes the monthly Visa Bulletin on their website at www.travel.state.gov under the Visas section. Alternatively, visitors may access the Visa Bulletin directly by going to:

http://www.travel.state.gov/visa/bulletin/bulletin_1360.html.

 

 

Filed Under: Business Immigration, Family Immigration, Immigration News
posted on June 19, 2011 by

Immigration Roundup – June 19

This week in Immigration Law news:

ICE to Focus on Removal of Criminals – Senior immigration officials announced steps they said would focus the program more closely on deporting immigrants convicted of serious crimes instead of students, veterans and active duty members of the U.S. military.  This is a much-needed change in current policy.

Canada Giving 10 Year Visas to Indians - After an initial visa screening, applicants can get a visa that allows them to visit Canada often – as long as their passports are valid – for up to 10 years.

July Visa Bulletin Posted - This bulletin summarizes the availability of immigrant numbers during July.

Report Says Immigrants Among America’s Top Entrepreneurs - According to the report, two in five Fortune 500 companies (41%) “had at least one founder who was either an immigrant or raised by someone who immigrated to the United States.” Collectively, these companies had $4.2 trillion in annual revenues and employed 10.9 million people worldwide. This is compelling evidence, argues the report, that “immigrants and their children create American jobs and drive our economy.”

Immigration Replaces Economy as Top Latino Issue - Asked to name the most important issues facing Hispanics, 51% of respondents cited immigration. Another 35% said the economy and jobs, while 18% said education.

Senator McCain Alleges Arizona Wildfires Caused by Illegal Aliens - The Republican senator said that illegal immigrants set such fires either to send signals, keep warm or distract law enforcement agents. But he did not specify which fires allegedly had been started by illegal immigrants, nor identify his sources or provide details of the “substantial” evidence he cited.

Report Estimates Cost to UK of Fewer Student Visas - The report, released by the Home Office on June 13, projects that the British economy will lose as much as £2.44 billion, or $3.94 billion, as a consequence of excluding the students.

 

 

Filed Under: Business Immigration, Family Immigration, Immigration News
posted on June 16, 2011 by

Visa Bulletin for July 2011

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during July. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by June 8th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority dateearlier than the cut-off date may be allotted a number. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

3. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First (F1): Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:
A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third (F3): Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth (F4): Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date isearlier than the cut-off date listed below.)

Family- Sponsored All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
F1 01MAY04 01MAY04 01MAY04 08MAR93 15APR96
F2A 22MAR08 22MAR08 22MAR08 15FEB08 22MAR08
F2B 01JUL03 01JUL03 01JUL03 22SEP92 22SEP00
F3 15JUL01 15JUL01 15JUL01 15NOV92 22MAR92
F4 08MAR00 08MAR00 08MAR00 01MAR96 15MAY88

*NOTE: For July, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 15FEB08. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 15FEB08 and earlier than 22MAR08. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)
5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date isearlier than the cut-off date listed below.)

Employment- Based All Charge-ability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 08MAR07 08MAR07 C C
3rd 08OCT05 01JUL04 01MAY02 01JUL05 08OCT05
Other Workers 22NOV04 22APR03 01MAY02 22NOV04 22NOV04
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted Employment Areas/ Regional Centers and Pilot Programs		 C C C C C

*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

6. The Department of State has a recorded message with visa availability information which can be heard at: (202) 663-1541. This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This resulted in reduction of the DV-2011 annual limit to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For July, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas
Except Those Listed Separately		 Except
AFRICA 57,600 Egypt 35,000
Ethiopia 30,650
Nigeria 18,500
ASIA 33,775
EUROPE 33,000 Uzbekistan 28,200
NORTH AMERICA
(BAHAMAS)		 12
OCEANIA 1,400
SOUTH AMERICA,
and the CARIBBEAN		 1,400

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2011 program ends as of September 30, 2011. DV visas may not be issued to DV-2011 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2011 principals are only entitled to derivative DV status until September 30, 2011. DV visa availability through the very end of FY-2011 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN AUGUST

For August, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas
Except Those Listed Separately		 Except
AFRICA 71,800 Ethiopia 32,400
ASIA 39,750
EUROPE CURRENT Uzbekistan UNAVAILABLE
NORTH AMERICA
(BAHAMAS)		 CURRENT
OCEANIA CURRENT
SOUTH AMERICA,
and the CARIBBEAN		 CURRENT

 

Filed Under: Business Immigration, Family Immigration
posted on April 15, 2011 by

Immigration Relief for Foreign Nationals Impacted by Civil Unrest or Disasters

USCIS has posted information on immigration relief for foreign nationals impacted by civil unrest or natural disasters in their home countries.  Temporary relief measures include:

  • A change or extension of nonimmigrant status for an individual currently in the United States;
  • Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
  • Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and relatives of lawful permanent residents whose priority dates are current; and
  • Expedited employment authorization where appropriate.

To find out whether you qualify for any of the above immigration relief programs, please schedule a consultation.

Filed Under: Family Immigration, Immigration News
posted on April 8, 2011 by

May 2011 Visa Bulletin

A. STATUTORY NUMBERS

1.  This bulletin summarizes the availability of immigrant numbers during May. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status.  Allocations were made, to the extent possible under the numerical limitations, for the demand received by April 8th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed.  The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits.  Only applicants who have a priority dateearlier than the cut-off date may be allotted a number.  Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date which has been announced in this bulletin.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000.  The worldwide level for annual employment-based preference immigrants is at least 140,000.  Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620.  The dependent area limit is set at 2%, or 7,320.

3.  INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.  Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal.  The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit.  These provisions apply at present to the following oversubscribed chargeability areas:  CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

4.  Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. (F2A) Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult Citizens:  65,000, plus any numbers not required by first three preferences.

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

*Employment Third Preference Other Workers Category:  Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year.  This reduction is to be made for as long as necessary to offset adjustments under the NACARA program.  Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

5. On the charts below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Family- Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
F1 01MAY04 01MAY04 01MAY04 01MAR93 15JUL95
F2A 08JUN07 08JUN07 08JUN07 01JAN07 08JUN07
F2B 15APR03 15APR03 15APR03 01AUG92 01MAR00
F3 01MAY01 01MAY01 01MAY01 15NOV92 15FEB92
F4 08MAR00 22JAN00 08MAR00 15FEB96 08APR88

*NOTE:  For May, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JAN07.  F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JAN07 and earlier than 08JUN07.  (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

Employment- Based All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01AUG06 01JUL06 C C
3rd 22AUG05 15APR04 15APR02 08SEP04 22AUG05
Other Workers 08SEP03 22APR03 15APR02 08SEP03 08SEP03
4th C C C C C
Certain Religious Workers C C C C C
5th
Targeted Employment Areas/ Regional Centers and Private Programs		 C C C C C

The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States.  The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program.  This reduction has resulted in the DV-2011 annual limit being reduced to 50,000.  DV visas are divided among six geographic regions.  No one country can receive more than seven percent of the available diversity visas in any one year.

For May, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately
AFRICA 42,000 Except: Egypt 31,200
Ethiopia 26,200
Nigeria 15,450
ASIA 23,500
EUROPE 27,800
NORTH AMERICA (BAHAMAS) 12
OCEANIA 1,175
SOUTH AMERICA, and the CARIBBEAN 1,150

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JUNE

For June, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately
AFRICA 49,300 Except: Egypt 34,300
Ethiopia 28,525
Nigeria 17,150
ASIA 28,600
EUROPE 29,450 Except:
Uzbekistan  27,800
NORTH AMERICA (BAHAMAS) 12
OCEANIA 1,300
SOUTH AMERICA, and the CARIBBEAN 1,300

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2011 program ends as of September 30, 2011. DV visas may not be issued to DV-2011 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2011 principals are only entitled to derivative DV status until September 30, 2011. DV visa availability through the very end of FY-2011 cannot be taken for granted. Numbers could be exhausted prior to September 30.

D. VISA AVAILABILITY DURING THE COMING MONTHS

Family-sponsored:  The extremely high level of demand during the first few months of FY-2011 resulted in the retrogression of most worldwide cut-off dates in January or February.  While most of these cut-offs have begun to advance slowly, heavy demand in the Family First preference has caused a further retrogression for May.  At this time it is not possible to predict the rate of forward movement, but some movement is anticipated in most categories for the remainder of the fiscal year.

Employment-based:  At this time the amount of demand being received in the Employment First preference is extremely low compared with that of recent years.  Absent an immediate and dramatic increase in demand, this category will remain “Current” for all countries.  It also appears unlikely that a Second preference cut-off date will be imposed for any countries other than China and India, where demand is extremely high.  Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:

Employment Second:  Demand by applicants who are “upgrading” their status from Employment Third to Employment Second preference is very high, but the exact amount is not known.  Such “upgrades” are in addition to the known demand already reported, and make it very difficult to predict ultimate demand based on forward movement of the China and India cut-off dates.  While thousands of “otherwise unused” numbers will be available for potential use without regard to the China and India Employment Second preference per-country annual limits, it is not known how the “upgrades” will ultimately impact the cut-offs for those two countries.  (The allocation of “otherwise unused” numbers is discussed below.)

China: none to three weeks expected through July.  No August or September estimate is possible at this time.

India: One or more weeks, possibly followed by additional movement if demand remains stable.  No August or September estimate is possible at this time.

Employment Third:

Worldwide: three to six weeks
China: one to three weeks
India: none to two weeks
Mexico: although continued forward movement is expected, no specific projections are possible at this time.
Philippines: three to six weeks

Please be advised that the above ranges are estimates based upon the current demand patterns, and are subject to fluctuations during the coming months. The cut-off dates for upcoming months cannot be guaranteed, and no assumptions should be made until the formal dates are announced.

Allocation of “otherwise unused” numbers in accordance with Immigration and Nationality Act (INA) Section 202(a)(5)

INA Section 202(a)(5) provides that if total demand in a calendar quarter will be insufficient to use all available numbers in an Employment preference, then the unused numbers may be made available without regard to the annual per-country limits.  Based on current levels of demand, there will be otherwise unused numbers in the Employment First and Second preferences.  Such numbers may be allocated without regard to per-country limits, once a country has reached its preference annual limit.  Since under INA Section 203(e) such numbers must be provided strictly in priority date order regardless of chargeability, greater number use by one country would indicate greater demand by applicants from that country with earlier priority dates.  Based on amount and priority dates of pending demand and year-to-date number use, a different cut-off date could be applied to each oversubscribed country, for the purpose of assuring that the maximum amount of available numbers will be used.  Note that a cut-off date imposed to control the use of “otherwise unused” numbers could be earlier than the cut-off date established to control number use under a quarterly or per-country annual limit.  For example, at present the India Employment Second preference cut-off date governs the use of numbers under Section 202(a)(5), India having reached its Employment Second annual limit; the China Employment Second preference cut-off date governs number use under the quarterly limit, since China has not yet reached its Employment Second annual limit.

The rate of number use under Section 202(a)(5) is continually monitored to determine whether subsequent adjustments are needed in visa availability for the oversubscribed countries.  This helps assure that all available Employment preference numbers will be used, while insuring that numbers also remain available for applicants from all other countries that have not yet reached their per-country limit.

As mentioned earlier, the number of applicants who may be “upgrading” their status from Employment Third to Employment Second preference is unknown.  As a result, the cut-off date which governs use of Section 202(a)(5) numbers has been advanced more rapidly than normal, in an attempt to ascertain the amount of “upgrade” demand in the pipeline while at the same time administering use of the available numbers.  This action risks a surge in demand that could adversely impact the cut-off date later in the fiscal year.  However, it also limits the possibility that potential demand would not materialize and the annual limit would not be reached due to lack of cut-off date movement.

E. OBTAINING THE MONTHLY VISA BULLETIN

The Department of State’s Bureau of Consular Affairs offers the monthly “Visa Bulletin” on the INTERNET’S WORLDWIDE WEB. The INTERNET Web address to access the Bulletin is:

http://travel.state.gov

From the home page, select the VISA section which contains the Visa Bulletin.

To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:

listserv@calist.state.gov

and in the message body type:
Subscribe Visa-Bulletin First name/Last name
(example: Subscribe Visa-Bulletin Sally Doe)

To be removed from the Department of State’s E-mail subscription list for the “Visa Bulletin”, send an
e-mail message to the following E-mail address:

listserv@calist.state.gov

and in the message body type: Signoff Visa-Bulletin

The Department of State also has available a recorded message with visa cut-off dates which can be heard at: (area code 202) 663-1541. The recording is normally updated by the middle of each month with information on cut-off dates for the following month.

Readers may submit questions regarding Visa Bulletin related items by
E-mail at the following address:

VISABULLETIN@STATE.GOV

(This address cannot be used to subscribe to the Visa Bulletin.)

Department of State Publication 9514
CA/VO: April 8, 2011

 

Filed Under: Business Immigration, Family Immigration
posted on April 8, 2011 by

Green Card Lottery Scams Targeting Refugees

A few weeks ago, I first warned readers about the increase in green card lottery scams.  Today one of my Iraqi Refugee Resettlement Project clients in Jordan received one of the scam emails purporting to be from the U.S. Department of State.  Some excerpts from the email:

Congratulations ! You are among those randomly selected and registered for further consideration in the diversity immigrant program. Selection guarantees that you will receive a United States Permanent Resident Card(also known as Green Card or Diversity Visa) only if you follow the instructions for further processing.

Is the Diversity Visa FREE ?
No. There is a big confusion. Only the participation in the Diversity Visa Lottery was free but the winners must pay the visa processing fees.The fee is used to process your visa related documents and verify your identity.

Great news, right?  But wait, there’s more:

Please read and follow all the instructions very carefully. With the Diversity Visa (also known as Green Card) you will enjoy all the advantages and benefits of a US permanent resident, including health and education benefits, and employment opportunities along with guidance in your new country, orientation sessions and programs to integrate into mainstream American society. Once received you can use it at any time you want to move in the United States or just travel. The visa must be renewed after 10 years.

Although you will have all the rights that a U.S. citizen has in the United States, without a relative or friend in the United States you may find the relocation difficult and expensive due the lack of experience in the American society. Therefore the U.S. Government helps you with the accommodation and offers you along with each visa Health Insurance (Freedom HSA Direct Individual Health insurance for 1 year), Dwelling(Apartment in any city you prefer, 1 bedroom for 3 months ), a guaranteed job(in the field that you are are currently qualified so you can start working even from the first week you arrive in the United States and get paid as U.S citizen. ) and education (for U.S. Students or Higher Education through EducationUSA. It includes transfer to a U.S college or Univeristy so you can continue your educational study. More details can be found at http://educationusa.state.gov/.)

We remind you that only the visa processing fee ($880) is mandatory and the visa is guaranteed upon receiving the payment.

Accompanying family members(wife/husband, fiancee, brothers, sisters, children, cousins) may be included in the program and their visas will be provided at the same time with yours so you can travel/move together in the same time. However the fees must be paid per person and each member(e.g wife, brother, parents, children, cousin) must pay $880. There is no discount for children.

All this can be yours for only $880 per person!

Visa Payment processing instructions

The fees must be paid using Western Union money transfer and will be processed by the U.S. embassy in the United Kingdom.Western Union is a leading provider of International person-to-person money transfer. With more than 150 years experience and 245,000 Agent locations in over 200 countries and territories, Western Union is recognized for sending money quickly, reliably, and safety.

You can send the payment in U.S. dollars or equivalent of your local currency.

Click on the following link to find the nearest Western Union agency and send the fees payment :
Find Western Union Agency
If you are unable to find a Western Union agency near your location, you may ask a relative or friend to pay the fee on your behalf.

After you find a Western Union agency you need to go with cash money, an identity card(e.g passport or national identity card) and send the payment to the U.S. embassy agent address in United Kingdom:

Name : Lloyd Walker
Address: 24 Grosvenor Square
London, W1A 2LQ
United Kingdom

The payment must be sent to the above U.S. embassy agent address in United Kingdom because the U.S. Government decided this based on the diplomatic relations with your country.

I had to break the news to my client that it is all a well-known scam and his family will have to continue waiting in exile for their refugee case to be approved.   Refugees are among the groups of people that are particularly vulnerable to these types of scams as the State Department resettlement program confers benefits similar to those promised in the fraudulent email.   The only way to stop the thieves is through educating those at risk, and I hope refugee relief organizations are getting the word out.

Filed Under: Green Cards, Immigration News, Iraqi Refugees
posted on April 1, 2011 by

Immigration Roundup – 1 April 2011

This has been a busy news week for immigration.  Some highlights:

House Subcommitee Hearing on H-1B Visas –  Titled, “H-1B Visas: Designing a Program to Meet the Needs of the U.S. Economy and U.S. Workers”, the hearing did not discuss any particular legislative proposal.

U.S Citizen Child Mistakenly Deported –  Emily Samantha Ruiz, a 4-year-old girl who was the victim of a mistaken deportation has been returned to her parents in the United States.

Same Sex Green Card Cases Were Put on Hold and Then It Was Lifted – In a demoralizing flip flop for advocates of same sex family immigration rights, immigration officials quickly backtracked on their position on granting permanent residency green cards to immigrants legally married to American citizens who are gay.

WWII Vet Discovers He is Not a Citizen - Ninety-five-year-old Leeland Davidson discovered recently that he’s not considered a U.S. citizen, despite living nearly 100 years in the country and serving in the U.S. Navy during WWII. Thank you for your service, sir, I hope this situation is cleared up quickly!

H-1B Filing Season Opens – USCIS started accepting H-1B visa applications today.

 

Filed Under: Family Immigration, H1-B Visas, Immigration News
posted on March 22, 2011 by

Family Immigration for Iraqi Refugees: Part Six

In our last post, we discussed the process for applying for U.S. citizenship, also known as naturalization.  Once you become a U.S. citizen, you will have greater opportunities for reuniting your family.  United States citizens may sponsor the following family members for immigration:

1.  Spouses

2.  Parents

3.  Children

4.  Siblings

5.  Fiances

Follow the links above to learn more about how to sponsor these family members.  Some relatives are not eligible for family sponsorship including:  aunts, uncles, cousins and grandparents. Certain types of family immigration petitions, such as those for brothers and sisters of U.S. citizens, have lengthy waiting periods.  You should consult with an immigration lawyer soon after becoming a U.S. citizen in order to start the process.

This is the final installment of the Family Immigration for Iraqi Refugees series.  If you have questions or suggestions regarding topics you would like to see discussed, please post your thoughts in the comments section.

 

Filed Under: Family Immigration, Iraqi Refugees
posted on March 21, 2011 by

Family Immigration for Iraqi Refugees: Part Five

In the last post, we discussed ways a permanent resident (green card holder) can sponsor family members for immigration to the United States.  As the type of family member a permanent resident may sponsor is limited, many Iraqi refugees will have to wait to become U.S. citizens in order to reunite their families.

To be eligible for U.S. citizenship, you must have a period of continuous residence and physical presence in the United States.  You have the necessary period of residence if you have been a lawful permanent resident for five years (or three years if you are married to a U.S. citizen).  Your residence in the U.S. must have been continuous.  If you have traveled outside the United States extensively, you should consult with an immigration lawyer to determine whether you are eligible to apply for U.S. citizenship.

You must also be at least 18 years of age and be able to read, write and speak basic English.  Finally, you must have a basic knowledge of U.S. history and government, good moral character, and be willing to take the Oath of Allegiance.  If you are elderly and/or disabled, you may qualify to exceptions from the English and civics portion requirements.

The process of becoming a U.S. citizen is called naturalization.  You begin the process by filing Form N-400, Application for Naturalization with the United States Citizenship and Immigration Services (USCIS).  The application process can take between 12 and 15 months.  To ensure your application is error-free and that you are prepared for your naturalization interview, you should consult with an immigration lawyer. To receive monthly news and updates on U.S. immigration law and programs for Iraqi refugees, sign up for our newsletter.

Dallas Immigration Lawyer

Filed Under: Family Immigration, Green Cards, Iraqi Refugees, Naturalization
posted on March 19, 2011 by

Fiancé Visa Lawyer: What Documents Will I Need?

To start your fiance visa petition, you will need to gather several documents to give to your immigration lawyer.  These include:

1.  Copies of evidence that you and your fiancé have personally met within the last two years such as a statement describing your meeting, boarding passes, passport stamps and travel receipts.

2.  Color photos of you and your fiancé together. Make sure you write your names, date, and location on the back of every photo.  Provide two to five photos.

3.  Original statements (from both yourself and foreign fiancé) stating an intent to marry within 90 days of the fiancé entering the US.

4.  Proof you are a US citizen:

a.  If you were born in the United States send a copy, front and back, of your birth certificate; or

b.  If you were naturalized, submit a copy, front and back, of your original Certificate of Naturalization; or

c.  In place of any of the above, you may send a copy of your valid, unexpired U.S. passport issued with a validity period of at least five years. You must submit copies of all pages in the passport.

5.  If either you or your fiancé(e) were married before, give copies of documents showing that each prior marriage was legally terminated.

6.  A passport-style color photograph of yourself and a passport-style color photograph of your fiancé, with both photos taken within 30 days of the date of filing your petition.

For more immigration law tips and news, sign up for our newsletter:

Fiance Visa Lawyer

Filed Under: Family Immigration, Fiance Visa
posted on March 18, 2011 by

Immigration Benefits for Japanese Nationals Impacted by Recent Disaster

U.S. Citizenship and Immigration Services (USCIS) has issued a reminder regarding immigration benefits for Japanese nationals impacted by the recent natural disaster.  Some temporary relief measures that may be available include:

  • The grant of an application for change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;
  • Re-parole of individuals granted parole by USCIS;
  • Extension of certain grants of advance parole, and expedited processing of advance parole requests;
  • Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
  • Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and lawful permanent residents (LPRs);
  • Expedited employment authorization where appropriate; and
  • Assistance to LPRs stranded overseas without immigration documents such as Green Cards. USCIS and the Department of State will coordinate on these matters when the LPR is stranded in a place that has no local USCIS office.

USCIS has also posted a Question and Answer page with additional information on these immigration benefits.

Filed Under: Family Immigration, Green Cards, Immigration News
posted on March 18, 2011 by

Fiancé Visa Lawyer: How long does it take to get a Fiancé Visa?

We are often asked how long it takes to get a fiance visa.   The length of time varies from case to case, but the average fiance visa can take from 5 to 12 months.  The length of time will depend on processing times at the service center which handles your visa petition, and the speed at which the Embassy or Consulate processes your fiance’s visa.

Many applicants who attempt to file fiance visa petitions on their own will find that simple mistakes in their documentation will cause delays of 6 to 18 months.  If the USCIS finds some technical mistake or omission in the paperwork you submit to them, they will send you a form letter (also known as a Request for Evidence or RFE) telling you what you did wrong. This form will often be sent several months after you originally filed your petition.  Often, when you submit the required correction, they will again wait several months and again return the forms to you with another cover-sheet informing you of a second technical error or omission. Even writing N/A in a box can result in an RFE.  Each RFE will add about six more months to the process.  Many applicants therefore find that the cost of a do-it-yourself fiance visa greatly outweighs the fee of an experienced immigration attorney.  Before you risk going it alone, consult with the immigration attorney of your choice.

Filed Under: Family Immigration, Fiance Visa
posted on March 17, 2011 by

Fiancé Visa Lawyer: Am I Eligible to Apply for a Fiancé Visa?

Fiance Visa LawyerYou may be eligible to apply for a fiancé visa (K-1 visa) petition if  you are a United States citizen and you and your fiancé intend to marry within 90 days of your fiancé entering the U.S.  You and your fiancée must both be free to marry and have met in person within the last two years.  If you or your  fiancé were previously married, you must show evidence the marriage was ended by divorce or annulment.  The requirement for meeting your fiancé in person may be waived if you can prove the meeting would violate strict and long-established customs of your or your fiancé’s foreign culture or social practice or would result in extreme hardship to you.

Many fiancé visa cases are denied or delayed because the applicant fails to include necessary information and documentation. Our fiancé visa lawyer provides assistance with fiancé visas in all 50 states and abroad. Don’t risk delays in bringing your fiancé to the United States – consult with our fiancé visa lawyer today.

 

Filed Under: Family Immigration, Fiance Visa
«Older Posts