Massachusetts Immigration Lawyer Blog

Abandonment of Residence and the Importance of Obtaining a Re-Entry Permit

2011-12-25T18:38:00.000-08:00

I recently had a family of green card holders come to my office telling me that they had been stopped at the airport upon entry into the United States because the Department of Homeland Security wished to revoke their lawful permanent resident status. The family had obtained their residency through the mother’s USC brother and it had taken over 11 years to obtain. At the time of their approval, the family was not prepared to permanently relocate to the United States. The two children were of high school age and the parents did not wish to disrupt their education and separate them from all of their friends. Thus, although they had waited 11 years to become permanent residents of the United States, they did not move upon finally getting an approval. Unfortunately, they did not consult an attorney to inform them of the consequences of such action or any possible solutions. They were aware through friends that they had to spend time in the United States in order not to lose their residency, but they were not clear on the exact law.

A lawful permanent resident who is out of the country 6 months or more can be presumed to have abandoned his or her residency. A permanent resident can lose their status if: 1) they move to another country intending to live there permanently 2) remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa.

In addition, if an officer at the airport sees a pattern of travel in which the green card holder is staying out of the U.S. for 5 months at a time with 2 to 3 week intervals of coming back in the United States to avoid the 6month presumption, the officer can also charge them with having abandoned their residency.

For those that wish to leave the United States for long periods of time after acquiring their green card, it is important that they file Form 131 Re-entry permit with the immigration service. If approved, it will allow the individual to spend up to two years abroad without losing his or her immigration status. In addition to serving as a valid entry document after absences of more than one year, reentry permits provide evidence of the alien's intent. In Matter of V, 4 I. & N. Dec. 143 (BIA 1950) the BIA stated that a reentry permit provides at least prima facie evidence that the alien was lawfully admitted for permanent residence and, absent fraud or misrepresentation, establishes that the holder is returning from a temporary visit abroad. However, a reentry permit does not guarantee readmission to the United States.

If a permanent resident finds themselves in removal proceedings due to abandonment, they may fight the charges by showing ties to the United States that will demonstrate intent such as taxes paid, property owned or leased, family ties, a current job, etc. You can also show that you had to leave the United States for an extended period of time due to an emergency such as a family illness.

In the case of the family mentioned above, they admitted to me they had no intention of moving to the United in States for at least another 10 to 15 years and that they had absolutely no ties to the United States apart from a few family members. In their they had no option but to withdraw their applications for admission before an Immigration Judge and willing abandon their residency. Moving forward, they will not have any deportation orders in their record and will be able to visit the United States through the visa waiver program. They can also apply for green cards and begin the process again if they wish.

Political Asylum

2011-12-09T07:42:00.000-08:00

Getting an approval from the Immigration Court on a political asylum case can be a very challenging thing. Immigration Judges will find a way to deny cases even if the witnesses are credible and the persecution suffered by the witness was substantial. This recently happened to me and my client in a case that I strongly believe should have been approved . The case involved a woman from a South American country who fled her home because she was the victim of repeated domestic abuse.

Leading up to the hearing, my biggest concern was convincing the judge that my client fit within a protected group under asylum laws. In order to qualify for political asylum one must demonstrate that he/she is unable or unwilling to return to his of her country of nationality because of persecution or a "well-founded fear" of persecution on account of race, religion, nationality, membership in a particular social group or political opinion. Until recently, women who suffered domestic abuse were not recognized by the Immigration Courts as a protected group. In my case I had to categorize my client as a woman from the country in question who was in an abusive domestic relationship and was unable to leave the relationship. To my surprise, the Judge accepted my client as belonging to a protected group without any issue. In addition, the judge noted that my client's testimony was "extremely credible" and the persecution she had suffered was "beyond troubling". Yet the Judge still denied the case because she did not believe the government of the country in question was unable or unwilling to protect my client. She based this on a minor change made in the State Department;s Country Report from 2008, when the case was originally filed with USCIS as an affirmative asylum case, and the 2010which was the most recent on the day of the hearing.

As I listened to the Judge's decision I got the sense that he truly wanted to grant the case but was held back by something. Perhaps this Judge had reached a quota for asylum approvals for the year or was worried about floodgates opening. Of course this is just speculation. My client and I plan to appeal this case before the Board of Immigration Appeals and I believe that we have a chance at getting the case remanded.

This case also demonstrated the importance of getting country experts to testify. Despite my strong insistence that my client hire an expert to testify, she did not wish to spend anymore money. Testimony from a country expert in her case could have made all the difference and resulted in an approval.

Recent Experiences at Stokes Interviews before USCIS

2011-11-30T07:35:00.000-08:00

A Stokes Interview in a marriage based green card application process refers to an interview when the husband and wife are questioned separately, and their answers are compared by an immigration officer to determine whether the marriage was entered into in good faith. A stokes interview is usually conducted when the parties married after the applicant was placed in removal proceedings or for a second interview, if the first one raised some questions about the bona fides of their marriage.

The last two Stokes interviews that I had with my clients were very similar in structure but each saw very different questions from the Immigration Officer. I both interviews, the United States Citizen petitioner was first asked to come inside the interview room alone. In each interview both USCs were asked how they had met their husbands and then each was asked a series of very detailed questions. In the first interview the officer asked such things as: 1) What is the name of the restaurant that the two go with the most frequency? 2) What was the name of the last restaurant you went to? 3) What do you like to do together? 4) What was the last movie that you saw together? 5) How many rooms do you have in your house? 5) Where did you last go on vacation? What did you eat for breakfast? The officer then asked the applicant husband to come into the room and proceeded to ask him the same questions to compare his answers.

The second interview I recently attended was conducted in the same manner just with different questions. In both interviews there were just a few descrepencies in the answers given but not enough to warrant any suspicion of the legitimacy of the the marriages. Both cases were approved.

Because of the varied nature of the questions asked during Stokes interviews, it is very difficult to prepare. The parties should just keep track of the things they are doing leading up to the interview. If the marriage is a legitimate one, hardly any preparation is needed anyway.

Ins and Outs of Naturalization

2011-11-28T08:41:00.000-08:00

There are many benefits to obtaining U.S. Citizenship but applicants should be aware that past criminal convictions can effect the outcome of naturalization applications.

The benefits to naturalization include: the right to vote in U.S. elections, the right to travel outside of the U.S. for 1 year or longer, the right to petition for more family members than as a Lawful Permanent Resident, the right to apply for a U.S. passport, the right to hold public office, eligibility for certain public benefits and protection form deportation.

Applicants must be at least 18 years hold and have been a resident for 5 years or 3 years if married to a United States Citizen. Applicants must also must have been physically present in the United States for at least half of the requisite time mentioned above. This means that extensive travel during the 5 or 3 years leading up to applying for citizenship can make an applicant ineligible in certain cases. Applicant must also have resided in the district where applying for at least 3 months prior to applying.

In addition, applicants must show a continuity of residence. Absences for the U.S. for less than 6 months do not break continuity, but absences of more than 6 months but less than a year create a rebuttable presumption that the applicant has broken continuity. Absences of one year or more break continuity and can result in abandonment of lawful resident status in some cases.

Applicant must also show a knowledge of the English language and of U.S. government and history. Some applicants who have certain medical conditions can waive the language and history requirements if they can show a disability. Other applicants are given the option of having the citizenship exam conducted in their native language if 1) they are over the age of 55 and have been residing in the United States as LPR's for at least 15 years and 2) are over the age of 50 and have been residing in the United States as LPR's for at least 20 years.

Finally, applicants must show Good Moral Character within 5 years leading up to the citizenship application. CIS does have the authority to look beyond the 5 year period. Various criminal activity and behavior can cause an immigration officer, in his or her discretion, to deny an applicant's case and recommend that her or she refile when five years have passed from the activity in question. Other criminal convictions can make an applicant statutorily ineligible for citizenship and removable from the United States. It is important for applicants with any criminal convictions to consult an immigration attorney before applying for citizenship.

H-1B Cap Reached for FY2012

2011-11-25T10:16:00.000-08:00

U.S. Citizenship and Immigration Services (USCIS) announced today that it has reached the cap of 65,000 for fiscal year (FY) 2012. USCIS is notifying the public that yesterday, Nov. 22, 2011, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2012.

http://www.aila.org/content/default.aspx?docid=37747

H-1B Cap for FY-2012 almost reached

2011-11-22T11:34:00.000-08:00

United States Citizenship and Immigration Services released the current cap numbers for H-1B Fiscal Year 2012. As of November 14, 2011, the agency had received 56,300 out of 65,000 available cap-subject H-1B petitions for FY-2012. In addition, the agency has received all 20,000 out of 20,000 available petitions under the H-1B Master’s Cap Exemption.

Because the Master’s Cap Exemption has been exhausted, petitions filed for beneficiaries with a Master’s or higher degrees from US universities will now be counted towards the general 65,000 H-1B limit for the fiscal year. The cap will most likely be reached in within a couple of weeks to one month. Those cases that are received but not chosen under the cap for 2012 will be rejected.

H1B Employer-Employee Relationship for IT Consultants

2011-11-22T10:25:00.000-08:00

The U.S. Citizenship and Immigration Services (USCIS) recently implemented a rule that has impacted the IT consulting industry from hiring and sponsoring H1B workers and in the way H1B visas are filed.

The rule was put into place in early 2010 and targets H1B IT Consultants who are sponsored by an employer and then sub-contracted out to work off site at another company. In order to obtain and H-1B under the new rules, applicants will have to demonstrate that a legitimate ‘employer-employee relationship’ exists despite the fact that the employee will be working off-site with a 3rd party.

United States Citizenship and Immigration Services will now consider the following to make such a determination (with no one factor being decisive):
1. Does the H1B petitioner supervise the H1B employee / worker and is such supervision off-site or on-site?
2. If the supervision is off-site, how does the H1B petitioner maintain such supervision, i.e. weekly calls, reporting back to main office routinely, or site visits by the petitioner?
3. Does the petitioner have the right to control the work of the H1B worker on a day-to-day basis if such control is required?
4. Does the petitioner provide the tools or instrumentalities needed for the H1B worker to perform the duties of employment?
5. Does the petitioner hire, pay, and have the ability to fire the H1B employee?
6. Does the petitioner evaluate the work-product of the H1B worker, i.e. progress/performance reviews?
7. Does the petitioner claim the H1B employee for tax purposes?
8. Does the petitioner provide the H1B worker any type of employee benefits?
9. Does the H1B employee use proprietary information of the petitioner in order to perform the duties of employment?
10. Does the beneficiary produce an end-product that is directly linked to the petitioner's line of business?
11. Does the petitioner have the ability to control the manner and means in which the work product of the H1B worker is accomplished?

Abused women now a recognized social group for asylum cases

2011-09-21T14:09:00.000-07:00

Immigration Courts across the country are now beginning to recognize woman who have been in domestic relationships in which they are unable to leave as cognizable particular social group for asylum claims. In a recent case that our office handled before the Immigration Court, our client was able to show the Immigration Judge that she had been abused both physically and mentally in a domestic relationship and that she was unable to leave the relationship because her abuser found her on two different ocasions that she left and attempted to hide in various parts of the country.

The Department of Homeland Security has helped pave the way for such a change in the law. A memo drafted by DHS in response to Matter of R-A-, 23 I&N Dec. 694 (A.G. 2005), stated that it "accepts that in some cases, a victim of domestic violence may be a member of a cognizable particular social group and may be able to show that her abuse would be persecution on account of such membership." The memo further stated that an example of what could constitute a social group could be: "Mexican women in domestic relationships who are unable to leave." or "Mexican women who are viewed as property by virtue of their positions within a domestic relationship."

Department of Homeland Security to Prioritize All Pending Deportation Cases

2011-08-18T18:28:00.000-07:00

The Obama administration has declared that it will review some 300,000 pending deportation cases in order to focus government resources on deporting people with criminal convictions and immigrants who sneak back across the border after having been deported. Those not deemed a priority will receive a letter in the mail informing them of their right to stay in the United States and apply for work authorization. This action by the government will not give those allowed to stay a path to permanent residency and their cases can be reopened at any time.

The following is an article on this announcement from cnn.com:

Washington (CNN) -- In a move that could shake up the U.S. immigration system, the Department of Homeland Security is going to begin reviewing all 300,000 pending deportation cases in federal immigration courts to determine which individuals meet specific criteria for removal and to focus on "our highest priorities."
DHS Secretary Janet Napolitano said the review will enhance public safety. "Immigration judges will be able to more swiftly adjudicate high priority cases, such as those involving convicted felons," Napolitano wrote Thursday in a letter to assistant majority leader Sen. Dick Durbin, D-Illinois, and 21 other senators including Indiana Republican Richard Lugar.
In April, Durbin and Lugar sent a letter to Napolitano asking her to stop deportations of immigrant students who could earn legal status under the the DREAM Act -- legislation that would give children of illegal immigrants a path to citizenship through military service or college education.
Napolitano said the Obama administration has frequently pointed out "it makes no sense to expend our enforcement resources on low-priority cases, such as individuals... who were brought into this country as young children and know no other home."
Officials say immigration court dockets are clogged, putting public safety in jeopardy, costing money, resources and time. They want to see DHS enforcement resources diverted from illegal immigrants who don't have criminal records to individuals who pose a threat to public safety and national security.
A senior administration official, who requested anonymity because details of the policy change had not yet been announced, told reporters 79% of deportations involve people without a criminal record -- people who have just entered the country illegally or had been previously deported and re-entered.
Napolitano said the new policy change would not negate reforming immigration laws and "will not alleviate the need for passage of the DREAM Act," which would give legal status to illegal immigrant students who attend college or join the military. She added, "President Obama has called the DREAM Act the right thing to do for the young people it would affect, and the right thing to do for the country."
But the Federation for American Immigration Reform (FAIR), which advocates changing policies to decrease the number of immigrants coming to the United States, said in a statement on its website that the action by the Obama administration "amounts to an administrative amnesty and a sweeping overhaul of the nation's immigration policy without approval by Congress."
FAIR President Dan Stein said in the statement, "In essence, the administration has declared that U.S. immigration is now virtually unlimited to anyone willing to try to enter and only those who commit violent felonies after arrival are subject to enforcement."
Under the new process, a DHS and the Department of Justice working group will develop specific criteria to identify low-priority removal cases that should be considered for prosecutorial discretion, including cases with minors, the elderly, pregnant and nursing women, victims of serious crimes, veterans and members of the armed services and individuals with serious disabilities or health problems.
Durbin expressed support for the Obama administration announcement, saying in a written statement that it was "the right decision" specifically as it relates to students.
"These students are the future doctors, lawyers, teachers and maybe, senators, who will make America stronger," Durbin stated. "We need to be doing all we can to keep these talented, dedicated, American students here, not wasting increasingly precious resources sending them away to countries they barely remember."
Durbin's statement added that when reviews of individual cases result in cases being closed, those individuals "will be able to apply for certain immigration benefits, including work authorization."
Durbin's statement did not elaborate on that aspect of the policy change, beyond saying such applications for benefits would be reviewed on a case-by-case basis.

The National Day Laborer Organizing Network, an organization advocating improved rights for day laborers, praised the move. "The administration had earned the President the title of 'Deporter-in-Chief.' We hope the statement today announcing review of the current caseload of victims of indiscriminate enforcement is carried forth," the group said in a news release.

N-400 Priority Processing for Certain Non-Citizen SSI Recipients

2011-08-18T09:29:00.000-07:00

The following is a memo released by USCIS on August 12, 2011:

WASHINGTON—USCIS will prioritize the processing of Form N-400, Application
for Naturalization, for certain SSI recipients when the applicant’s:
• SSI benefits will be terminated within 1 year from the date listed on your SSI
notice; AND,
• Form N-400 has been pending for 4 months or more from the date of receipt.

The following are instructions for individuals whose SSI benefits are being
terminated within 1 year and have applied for OR will apply for citizenship through
Form N-400.

My SSI Benefits Will Be Terminated Within 1 Year And...

I have already submitted an N-400 I have not yet submitted an N-400
OPTION 1: Schedule an INFOPASS appointment by calling 1-800-375-5283.
OPTION 2: Mail the below documents to the USCIS office that has jurisdiction over your
place of residence (USCIS FieldOfficer Locator).A cover letter indicating your SSI benefits will be
terminated within one year or less and that your Form N-400 has been pending for 4
months or more from the date of receipt.
1.
A copy of the most recent letter from the Social
Security Administration clearly indicating when your SSI benefits will be terminated (NOTE: please
2.
Place the acronym “SSI” at the top of Form N-400’s page 1 in large bold
clear print.
1.
Mail your Form N-400 application, a copy of the most recent letter from
the Social Security Administration clearly indicating when your SSI
benefits will be terminated (NOTE: please write your USCIS alien
number on the top right hand corner of this letter), and any applicable
supporting documents required by the instructions on the Form N-400.
2.
USCIS - N-400 Priority Processing for Certain Non-Citizen SSI Recipients Page 1 of 2
http://www.uscis.gov/portal/site/uscis/template.PRINT/menuitem.5af9bb95919f35e66f614... 8/15/2011
AILA InfoNet Doc. No. 11081561. (Posted 08/15/11)
My SSI Benefits Will Be Terminated Within 1 Year And...
write your USCIS alien number on the top right hand corner).
NOTE: After completing these steps, your N-400 application will be prioritized
once it’s been pending with USCIS for 4 months and your SSI benefits are set
to terminate within 1 year. While USCIS will prioritize the processing of these
specific N-400 applications, each applicant is still required to meet all eligibility
requirements for naturalization (please see Form M-476, A Guide to
Naturalization for eligibility requirements). There is also no guarantee that
USCIS will approve a particular application affected by this prioritization.
For more information on USCIS and its programs, please visit www.uscis.gov or
follow us on Twitter (@uscis), YouTube (/uscis) and the USCIS blog The Beacon.

H-1B Fiscal Year Curren Cap Count

2011-07-19T13:00:00.000-07:00

The H-1B Program U.S. businesses use the H-1B program to employ foreign workers in specialty
occupations that require theoretical or technical expertise in specialized fields, such
as scientists, engineers, or computer programmers.

The current annual cap on the H-1B category is 65,000. Not all H-1B nonimmigrants
are subject to this annual cap. Please note that up to 6,800 visas are set aside from the
cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the
legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements.
Unused numbers in this pool are made available for H-1B use for the next fiscal. In addition, 20,000 visas are set aside for applicant's with Master's degrees.

See the following link to view current cap status:

http://www.aila.org/content/fileviewer.aspx?docid=35074&linkid=235571

Widow Penalty Deadline Approaching

2011-07-15T14:25:00.000-07:00

On October 28, 2009, President Obama signed into law the FY10 DHS Appropriations Act (P.L. 111-83), which included a provision eliminating the requirement that the surviving spouse of a U.S. citizen be married for two years prior to the death in order to self-petition for LPR status.

The statutory provision relating to self-petitioning widow(er)s now reads: “In the case of an alien (and each child of the alien) who was the spouse of a citizen of the United States and was not legally separated from the citizen at the time of the citizen’s death, the alien shall be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizen’s death but only if the spouse files a petition under section 204(a)(1)(A)(ii) within two years after such date and only until the spouse remarries.”

The deadline for any widow or widower who married less than two years before their spouse died, if the spouse died before the passage of the law in October 28, 2009 applying as a surviving spouse under this new law will expire on October 28, 2011.

Unfortunately, this law has not been well publicized and there may be thousands of widows throughout the country who are eligible but are unaware of the law.

Read more: http://www.foxnews.com/us/2011/07/15/widow-penalty-victims-finally-allowed-back-in-us/#ixzz1SD9tklYo

Georgia Immigration Law

2011-07-06T07:21:00.000-07:00

Atlanta (CNN) -- Attorneys representing Georgia said the state is asking an appeals court to overturn a judge's decision blocking several parts of the state's new immigration law.
State officials had previously pledged to appeal the ruling, but Tuesday's notice of appeal filed in U.S. District Court was the first formal step in the process.
"An appeal will be filed with the 11th Circuit Court of Appeals in the coming days," said Lauren Kane, a spokeswoman for the state attorney general's office, in a statement.
U.S. District Judge Thomas Thrash Jr. issued a preliminary injunction last week temporarily blocking key provisions of the law, which aims to crack down on illegal immigration.
The sections, originally scheduled to go into effect July 1, would allow police to inquire about immigration status when questioning suspects in certain criminal investigations. They also would punish people who, during the commission of a crime, knowingly transport or harbor illegal immigrants. Something like speeding or driving without proper equipment could constitute a crime.
"The apparent legislative intent is to create such a climate of hostility, fear, mistrust and insecurity that all illegal aliens will leave Georgia," Thrash wrote in his ruling.
Plaintiffs in the class-action suit against the law have argued that it is unconstitutional.
But state officials have contended that the provisions in the new law, known as HB 87, are necessary steps to protect state resources.
"Attorney General (Sam) Olens remains committed to defending HB 87 in court," Kane's Tuesday statement said.

The Georgia lawsuit is the latest battle in a nationwide skirmish between state and federal officials over who controls immigration enforcement.

posted on cnn.com

Late Initial Registration for TPS derivative Children

2011-06-24T11:50:00.000-07:00

For the past few years there has been a lingering question in immigration law as to whether the child of a Temporary Protected Status ("TPS") holder could apply for TPS as a late registrant if at the time of the late registration, he or she was over the age of 21. There has not been any clear interpretation of this issue from USCIS and while our office was successful in obtaining late registration TPS for a number clients who were older than 21 at the time of a late application, there were many other attorneys across the country who were not as lucky.

Finally the Board of Immigration Appeals has ruled that to be eligible for late initial registration for TPS, an applicant filing as a "child of an alien currently eligible to be a TPS registrant" must be establish only that at he or she qualified as a child at the time of the initial registration period, not at the time of the application was filed. Thus, applicants who were children (unmarried and under the age of 21) at the time of the initial registration period may file for late registration even if they are now over the age of 21.

Below is a link to the BIA decision:
http://www.aila.org/content/default.aspx?docid=35982

July Visa Bulletin

2011-06-20T21:03:00.001-07:00

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	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.

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

June Visa Bulletin

2011-06-20T20:59:00.001-07:00

FAMILY-SPONSORED PREFERENCES

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

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.

Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	01MAY04	01MAY04	01MAY04	01MAR93	22FEB96
F2A	22AUG07	22AUG07	22AUG07	22JUL07	22AUG07
F2B	15APR03	15APR03	15APR03	22AUG92	08JUN00
F3	01JUN01	01JUN01	01JUN01	15NOV92	08MAR92
F4	08MAR00	08MAR00	08MAR00	15FEB96	01MAY88

*NOTE: For June, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 22JUL07. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 22JUL07 and earlier than 22AUG07. (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.

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

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	15OCT06	15OCT06	C	C
3rd	15SEP05	15MAY04	22APR02	22DEC04	15SEP05
Other Workers	08NOV03	22APR03	22APR02	08NOV03	08NOV03
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.

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 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.

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

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
AFRICA	57,600	Except: Egypt 35,000 Ethiopia 30,650 Nigeria 18,500
ASIA	33,775
EUROPE	33,000	Except: Uzbekistan 28,200
NORTH AMERICA (BAHAMAS)	12
OCEANIA	1,400
SOUTH AMERICA, and the CARIBBEAN	1,400

VISA AVAILABILITY IN THE EMPLOYMENT SECOND PREFERENCE CATEGORY
As mentioned in the May Visa Bulletin, Section 202(a)(5) of the Immigration and Nationality Act (INA) prescribes rules for the use of potentially “otherwise unused” Employment numbers. During May the India Employment Second preference cut-off date is governing the use of such numbers, because India had reached its Employment Second annual limit.
Since October there has been heavy demand by applicants "upgrading" their status from Employment Third to Employment Second preference. The rapid forward movement of the India Employment Second preference cut-off date in May had the potential to greatly increase such demand. Therefore, the determination of the June cut-off dates was delayed in order to monitor this demand. At this time the amount of new "upgrade" demand has been minimal; this has allowed the Employment Second preference cut-off date governing the use of the Section 202(a)(5) numbers to advance significantly for June. The same cut-off date will apply to both China and India Employment Second preference. Note that under INA Section 203(e) all of the “otherwise unused” numbers must be provided strictly in priority date order regardless of the applicant’s chargeability.
Cut-off date movement for upcoming months cannot be guaranteed, and because of the variables involved, no assumptions should be made until the dates are formally announced. Should there be a sudden or significant increase in India and China Employment Second preference demand it may be necessary to slow, stop, or retrogress that cut-off date as we approach the end of fiscal year 2011.
OBTAINING THE MONTHLY VISA BULLETIN
The Department of State's Bureau of Consular Affairs offers the monthly "Visa Bulletin" on the World Wide Web. The 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: (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:May 11, 2011

Alabama governor signs tough new immigration law

2011-06-17T07:10:00.000-07:00

(CNN) -- Alabama's governor has signed what he billed as tough illegal immigration legislation, requiring police to check the status of anyone they suspect may be in the country illegally when stopped for another reason.
The bill, due to take effect on September 1, was signed into law by Republican Gov. Robert Bentley on Thursday.
Its passage makes Alabama the latest in a series of states, including Georgia and Arizona, to enact controversial new laws aimed at tackling illegal immigration.
Civil rights groups and the Mexican government have been quick to condemn the move.
According to a fact sheet presented by Alabama House Republicans, the bill will require law enforcement officers "to attempt to determine the immigration status of a person who they suspect is an unauthorized alien of this country".
The legislation also makes it a criminal offense to provide transport or housing to an illegal immigrant. The state will have to check the citizenship of students, and any business that knowingly employs an illegal immigrant will be penalized.
A spokesman for Bentley told CNN that the governor had signed "a tough illegal immigration law."
Republican state Rep. John Merrill told CNN he had no hesitation in backing the legislation, saying it is "good for Alabama" because it will reduce illegal immigration to the state.
He rejected suggestions the law is discriminatory, and said he is confident it was drafted in such a way that it will survive legal challenges.
The legislation is intended to "provide equal opportunities for all people who want to come to Alabama legally," he added.
But critics say it has far-reaching consequences and will have a particular impact on young people because it requires the state to check the citizenship of all those seeking to enroll in schools.
Mary Bauer, legal director of the Southern Poverty Law Center, a civil rights group, condemned what she called a very radical law, telling CNN it is "mean-spirited, racist, unconstitutional, and it is going to be costly."
She said not just illegal immigrants but also many American citizens could be impacted by the new rules.
"It makes it a crime for U.S. citizens to give people a ride if they turn out to be undocumented. It doesn't even have an exception for churches that are providing shelter or food or rides," she said.
Earlier the SPLC issued a statement saying the state stood to lose "millions more in lost tax revenue from Alabama businesses that will bear the brunt of boycotts of Alabama goods and services and lost sales to documented and undocumented immigrants who flee the state rather than deal with racial profiling and the state's anti-immigrant climate."
The Mexican government warned that the law could affect the human and civil rights of Mexicans living in or visiting the state.
Several immigrant and civil rights organizations filed a class-action lawsuit last week against a new Georgia law aimed at cracking down on illegal immigration.
That law allows police to ask about immigration status when questioning suspects in certain criminal investigations.
Meanwhile, Arizona's governor said last month she would appeal to the U.S. Supreme Court after portions of the state's new immigration law were blocked by federal courts.
The Arizona bill catapulted the issue onto the national stage last year, drawing a lawsuit from the U.S. Department of Justice, which argues that the law is unconstitutional.

Lawmakers in at least 20 states weighed similar proposals during the past year, according to the National Immigration Forum.

By the CNN Wire Staff - www.cnn.com

New Bill Introduced for High Skill Immigration Reform

2011-06-16T08:48:00.001-07:00

WASHINGTON, DC --The American Immigration Lawyers Association (AILA) calls the introduction by U.S. Congresswoman Zoe Lofgren (D-CA) of a high skill immigration reform measure an important step towards addressing an urgent issue of national importance.
Rep. Lofgren's bill, the Immigration Driving Entrepreneurship in America (IDEA) Act of 2011 tackles many of the key issues faced by companies in need of highly skilled workers. The bill would allow U.S. companies to have access to, and retain, highly skilled foreign graduates from U.S. universities who studied in the fields of science, technology, engineering and math (STEM).
The bill would also establish a new green card program for entrepreneurs who are able to secure venture capital funding or who establish a business that creates jobs for U.S. workers. One of the most important aspects of the bill are the provisions that address much needed relief for employment based green card backlogs.
"Highly skilled foreign workers complement the American workforce in many critical areas and help fuel the economy with innovations that bring job creation with it. Rep. Lofgren's deep understanding of these issues is evident as is her leadership in the immigration debate," said incoming AILA President, Eleanor Pelta.
"The IDEA Act attempts to strike a balance between our economy's need for highly skilled foreign workers and legitimate protections for the U.S. workforce. We remain committed to working with Congresswoman Lofgren and her colleagues to improve our immigration system.
"It is crucial for us to take a common sense approach to high skill visa reform by making sure these visas remain available for the legitimate needs of employers, both large and small, in order to keep up with our dynamic economy," concluded Pelta.

- posted by AILA on www.aila.org

TPS Extended for Haitians

2011-06-15T14:04:00.001-07:00

WASHINGTON—Secretary of Homeland Security Janet Napolitano announced this week the re-designation of Haiti for Temporary Protected Status (TPS) and extended the country’s current TPS designation for 18 months—through Jan. 22, 2013.
U.S. Citizenship and Immigration Services (USCIS) strongly encourages Haitian nationals to review the Federal Register notice published today, and to follow instructions on how to file an initial application for TPS. Individuals who do not have TPS or a pending TPS application may begin filing immediately, and must file no later than Nov. 15, 2011. Individuals who already have Haiti TPS must wait to file for re-registration until a Federal Register notice describing the re-registration procedure is published.
Secretary Napolitano first announced that she was designating Haiti for TPS on Jan. 15, 2010, after major earthquakes devastated the country. Following consultations with other federal agencies, Secretary Napolitano has determined that current conditions in Haiti support extending the designation period for current TPS beneficiaries and re-designating Haiti for TPS in order to re-establish the continuous residence date as Jan. 12, 2011. Under the 2010 designation, TPS applicants needed to show that they had continuously resided in the United States since Jan. 12, 2010. Under the re-designation, eligible individuals who arrived up to one year after the earthquake in Haiti may now apply for TPS. Many of these individuals were authorized to enter the United States immediately after the earthquake on temporary visas, humanitarian parole and other measures.
Individuals who attempt to enter the United States illegally now will not be granted TPS and will be repatriated consistent with U.S. policy.
The Haiti TPS application procedures described in the Federal Register notice cover the following three groups:

Individuals filing for the first time: The re-designation of Haiti allows additional Haitians (and persons without nationality who last habitually resided in Haiti) who have continuously resided in the United States since Jan. 12, 2011, to obtain TPS, provided they meet all other Haiti TPS eligibility criteria. Individuals who do not currently have TPS may apply from May 19, 2011, through Nov. 15, 2011. Additional registration instructions are available at www.uscis.gov/tps on the Haiti TPS Web page.
Individuals with pending TPS applications: Individuals who applied for TPS under the initial designation announcement in January 2010 and whose applications are still pending as of May 19, 2011, will not need to file a new Form I-821, Application for Temporary Protected Status. Their pending applications will be considered initial filings under this re-designation. Individuals with a pending TPS application who need to extend or request an Employment Authorization Document (EAD) must file a new Form I-765, Application for Employment Authorization, starting May 23, 2011. Please visit www.uscis.gov/tps for additional information.
Individuals re-registering for TPS: Individuals who have already been granted TPS for Haiti must re-register starting May 23, 2011, and ending Aug. 22, 2011, once the Federal Register notice with re-registration instructions is published. TPS beneficiaries are encouraged to file for re-registration as soon as this time period opens on May 23, 2011, to expedite processing.

Posted in: U.S. Citizenship and Immigration Services - http://www.uscis.gov/portal/site/uscis