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Board of Immigration Appeals Holds DOMA Irrelevant For Same-Sex Marriage Immigration Cases if Marriage Valid in the State Celebrated

The Board of Immigration Appeals recently held that Section 3 of the Defense of Marriage Act (“DOMA”) is no longer an obstacle to the recognition of lawful same-sex marriages and spouses under the INA if the marriage is valid under the laws of the State where it was held.

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Data on Adjustment of Status

I-485 Performance Data

This report contains information on adjustment of status applications. The number of receipts, approvals, denials, and pending cases are displayed by fiscal year and by office.
The reports are available both in comma delimited (csv) and Adobe pdf file formats.


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Visa Bulletin For March 2012

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during March. 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 February 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 date earlier 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 is earlier than the cut-off date listed below.)

Family-Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
F1 01FEB05 01FEB05 01FEB05 01MAY93 22JUN97
F2A 22JUL09 22JUL09 22JUL09 01JUL09  22JUL09
F2B 15NOV03 15NOV03 15NOV03 01DEC92 08DEC01
F3 01JAN02 01JAN02 01JAN02 08JAN93 22JUL92
F4 08OCT00 08OCT00 08OCT00 22MAY96 22DEC88

*NOTE:  For March, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JUL09.  F2A numbersSUBJECT to per-country limit are available to applicants chargeable to all countriesEXCEPT MEXICO with priority dates beginning 01JUL09 and earlier than 22JUL09.  (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 01MAY10 01MAY10 C C
3rd 15MAR06 01JAN05 22AUG02 15MAR06 15MAR06
Other Workers 15MAR06 22APR03 22AUG02 15MAR06 15MAR06
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-2012 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 March, 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 35,800 Except: Egypt  26,000
Ethiopia  26,000
Nigeria 17,500
ASIA 27,000  
EUROPE 26,500 Except: Uzbekistan 16,500
NORTH AMERICA (BAHAMAS) 7  
OCEANIA 925
 
SOUTH AMERICA, and the CARIBBEAN 925  

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-2012 program ends as of September 30, 2012. DV visas may not be issued to DV-2012 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2012 principals are only entitled to derivative DV status until September 30, 2012. DV visa availability through the very end of FY-2012 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 MARCH

For April, 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 39,000 Except: Egypt 29,500
Ethiopia 29,500
Nigeria 20,000
ASIA 32,600  
EUROPE 32,000 Except: Uzbekistan 16,500
NORTH AMERICA (BAHAMAS) 9  
OCEANIA 1,000  
SOUTH AMERICA, and the CARIBBEAN 1,000  

D. 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

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: Febuary 8, 2012

USCIS to Issue Employment Authorization and Advance Parole Card for Adjustment of Status Applicants

VIA USCIS.gov

USCIS to Issue Employment Authorization and Advance Parole Card for Adjustment of Status Applicants

Feb. 11, 2011

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents.

The card looks similar to the current Employment Authorization Document (EAD) but will include text that reads, “Serves as I-512 Advance Parole.” A card with this text will serve as both an employment authorization and Advance Parole document. The new card is also more secure and more durable than the current paper Advance Parole document. 

An applicant may receive this card when he or she files an Application for Employment Authorization, Form I-765, and an Application for Travel Document, Form I-131, concurrently with or after filing Form I-485. USCIS will continue to issue separate EAD and Advance Parole documents as warranted. Employers may accept the new card as a List A document when completing the Employment Eligibility Verification, Form I-9.

As with the current Advance Parole document, obtaining a combined Advance Parole and employment authorization card allows an applicant for adjustment of status to travel abroad and return to the U.S. without abandoning the pending adjustment application. Upon returning to the U.S., the individual who travels with the card must present the card to request parole through the port-of-entry. The decision to parole the individual is made at the port-of-entry. Individuals who have been unlawfully present in the U.S. and subsequently depart and seek re-entry through a grant of parole may be inadmissible and ineligible to adjust their status.

For more information about the EAD and Advance Parole card, see the related Questions and Answers.  For more information on USCIS and its programs, visit www.uscis.gov.  

Last updated:02/11/2011

USCIS To Issue Redesigned Green CardFact Sheet

VIA USCIS

Introduction 

U.S. Citizenship and Immigration Services (USCIS) announced today that it has redesigned the Permanent Resident Card – commonly known as the “Green Card” – to incorporate several major new security features.  State-of-the-art technology prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication of the card.  Beginning today, USCIS will issue all Green Cards in the new, more secure format.

Card Features

new green card

Front of Card Previous New
Optical Variable Ink  

X

Holographic Image

X

X

Embedded Radio Frequency Identification Device (RFD)  

X

Laser Engraved Fingerprint  

X

Unique Background Design

 

X

     
Back of Card    
Optical Media Stores All Digital Files, Including Biometrics

X

X

Micro-image, High Resolution Pictures of State Flags and Presidents

X

X

 

Features of note:

  • USCIS number is now listed on the front of the card. The alien registration number is listed on the back of the redesigned Green Card (i.e., A# 000-000-000).
  • Redesign results from extensive collaboration with the Department of Homeland Security (DHS) Screening Coordination Office, the Immigration and Customs Enforcement (ICE) Forensic Document Laboratory, and U.S. Customs and Border Protection (CBP).
  • Special ink creates color shifts in visual designs (e.g., eagle’s head).
  • Fine-lined artwork and complex architecture incorporate patterns that are nearly impossible to reproduce.
  • Standard card design and personalized features are integrated to deter fraud attempts, e.g., alteration of the photograph.
  • Greater detail in photograph makes for easier identification of the bearer.
  • Ultra-violet technology and tactile clues allow accurate card authentication at border crossings.
  • Radio Frequency Identification (RFID) allows inspectors to read unique, 192-bit serial number (192-bits) from a distance and link the information to the personal data on file.
  • Personalized return address on back of card doubles as security feature and as customer-service enhancement to facilitate easy return of lost cards to USCIS.
  • In keeping with its nickname, redesigned Permanent Resident Card is now green.

Last updated:05/26/2010

DHS Office of Immigration Statistics Report on LPRs for 2008

<a href="/files/4941-4844/__1LPR.pdf”>DHS Office of Immigration Statistics Report on LPRs for 2008

DHS Publishes Final Rule Expanding US-VISIT to Include LPRs

[Federal Register: December 19, 2008 (Volume 73, Number 245)]
[Rules and Regulations]
[Page 77473-77491]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de08-1]

—————————————
Rules and Regulations
Federal Register
—————————————
This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week.
—————————————
[[Page 77473]]
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 215 and 235
[DHS-2005-0037]
RIN 1601-AA35; RIN 1600-AA00
United States Visitor and Immigrant Status Indicator Technology Program (“US-VISIT”); Enrollment of Additional Aliens in US-VISIT; Authority To Collect Biometric Data From Additional Travelers and Expansion to the 50 Most Highly Trafficked Land Border Ports of Entry
AGENCY: National Protection and Programs Directorate, DHS.
ACTION: Final rule.
—————————————
SUMMARY: The Department of Homeland Security (DHS) established the United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT) in 2003 to verify the identities and travel documents of aliens. Aliens subject to US-VISIT may be required to provide fingerscans, photographs, or other biometric identifiers upon arrival at the United States. Currently, aliens arriving at a United States port of entry with a nonimmigrant visa, or those traveling without a visa as part of the Visa Waiver Program, are subject to US-VISIT requirements with certain limited exceptions. This final rule expands the population of aliens who will be subject to US-VISIT requirements to nearly all aliens, including lawful permanent residents. Exceptions include Canadian citizens seeking short-term admission for business or pleasure under B visas and individuals traveling on A and G visas, among others.

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USCIS Update Apr. 29, 2008

USCIS Update Apr. 29, 2008

USCIS MODIFIES REPORT OF MEDICAL EXAMINATION AND VACCINATION RECORD

Revised Form I-693 Effective on May 1, 2008

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has revised Form I-693, Report of Medical Examination and Vaccination Record. The revision was necessitated by changes to the Tuberculosis (TB) Component of the Centers for Disease Control and Prevention’s Technical Instructions for Civil Surgeons.

This revised form (edition date 04/02/08) must be used for any medical examination completed on or after May 1, 2008. Previous editions of the Form I-693 may not be used on or after that date.

The medical examination Form I-693 provides USCIS results of a medical examination for applicants filing for adjustment of status to become permanent residents. The examination is required to ensure that an applicant is not inadmissible to the United States on public health grounds.

The new form lists seven TB classifications at the bottom of its first page. Civil surgeons must record the results of all medical examinations conducted on or after May 1, 2008, on the new form. Additionally, the current vaccination supplement will not be accepted for any vaccination assessment completed on or after May 1, 2008. An updated vaccination supplement has been included in part 2 of the revised form.

The revised TB Component of the Technical Instructions is available for review at www.cdc.gov/ncidod/dq/civil.htm. For more information on the revised Form I-693, visit USCIS’ Website at www.uscis.gov or call the National  Customer Service Center at (800) 375-5283.

VISA BULLETIN FOR JULY 2007 – All Employment Based Categories current

Number 107
Volume VIII
Washington, D.C.


VISA BULLETIN FOR JULY 2007



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; 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 June 12th 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 date earlier 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.


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


FAMILY-SPONSORED PREFERENCES


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


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


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


Fourth : 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.


4. 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.


5. 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.)













































Fam-ily All Charge- ability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPP-INES
1st  01JUL01 01JUL01 01JUL01 01JAN91 22APR92
2A 01JUN02 01JUN02 01JUN02 01AUG01 01JUN02
2B 08FEB98 08FEB98 08JUN98 08MAR92 01OCT96
3rd 15JUL99 15JUL99 15JUL99 08FEB88 01JAN85
4th 01AUG96 01MAR96 08FEB96 22JUL94 01APR85

*NOTE: For July, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01AUG01. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT  MEXICO with priority dates beginning 01AUG01 and earlier than 01JUN02. (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)
















































































 

All
Charge-ability
Areas
Except
Those
Listed

CHINA-
mainland born
INDIA MEXICO PHILIP-PINES
Employ-ment
-Based

         
1st C C C C C
2nd C C C C C
3rd C C C C C
Other
Workers
U U U U U
4th C C C C C
Certain Religious Workers C C C C C
Iraqi & Afghani Translators C C C C C
5th C C C C C
Targeted Employ-ment Areas/
Regional Centers
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.


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.


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-2007 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 July, immigrant numbers in the DV category are available to qualified DV-2007 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 35,500

Except:
Egypt:
22,600
Ethiopia:
22,900
Nigeria:
16,150

ASIA 7,750  
EUROPE 23,000 Except:
Ukraine
13,000
NORTH AMERICA (BAHAMAS) 12  
OCEANIA 1,800  
SOUTH AMERICA, and the CARIBBEAN 2,500  

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-2007 program ends as of September 30, 2007. DV visas may not be issued to DV-2007 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2007 principals are only entitled to derivative DV status until September 30, 2007. DV visa availability through the very end of FY-2007 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-2007 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:
Egypt:
22,600
Ethiopia 16,000
Nigeria 18,700

ASIA CURRENT Except: Bangladesh 8,150
EUROPE CURRENT Except:
Ukraine 13,700
NORTH AMERICA (BAHAMAS) CURRENT  
OCEANIA CURRENT  
SOUTH AMERICA, and the CARIBBEAN CURRENT  

D. EMPLOYMENT THIRD PREFERENCE “OTHER WORKER” CATEGORY


The few remaining “Other Worker” numbers which were available for allocation were all used and the 5,000 annual numerical limit was reached during the month of June. It has therefore been necessary to make the Employment Third preference “Other Worker” category “Unavailable” for July, and it will remain so for the remainder of the fiscal year.


E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE COMING MONTHS

All Employment Preference categories except for Third “Other Workers” have been made “Current” for July. This has been done in an effort to generate increased demand by Citizenship and Immigration Services (CIS) for adjustment of status cases, and to maximize number use under the annual numerical limit. However, all readers should be alert to the possibility that not all Employment preferences will remain Current for the remainder of the fiscal year. Should the rate of demand for numbers be very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008.


F. 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:June 12, 2007


 

AILA’s CIR Daily Update 5/24/07: Debate Continues; Amendment to Massively Increase H-1B Fees Passed

On 5/24/07, the Senate resumed consideration of amendments to the CIR bill (S. 1348).


The highlights:

• A Coleman amendment to allow local government officials to inquire about immigration status was narrowly defeated, 48-49.



• A Dorgan amendment to sunset the new worker program also was defeated, 48-49.



• A Sanders amendment to dramatically increase H-1B fees was passed, 59-35.



• A Vitter amendment to prevent legalization for the undocumented was defeated, 29-66.


Summary of Senate Proceedings—5/24/07


Coleman/Bond Amendment to Allow Local Officials to Ask Immigration Status (#1158)


Yesterday evening, Senator Coleman (R-MN) introduced an amendment, co-sponsored with Senator Bond (R-MO), urging enforcement of what he referred to as “the original intent of Section 642(b) of IIRAIRA.” This amendment, in essence, would override state and local government policies that encourage immigrants to contact the police when they are victims of or witnesses to a crime. Specifically, the amendment would ban what Senator Coleman termed local “sanctuary policies” that currently prevent state and local government officials and law enforcement officers from asking about immigration status during routine stops, including stops for traffic violations. Instead, this misguided amendment would allow those officials, and any government entity or official, in fact—even teachers and health care workers—to inquire about an individual’s immigration status if they have “probable cause to believe the individual is undocumented.”


Senators Menendez and Kennedy opened debate this morning with strong criticism of Senator Coleman’s amendment. Both Senators cited the potential this amendment will have for virtually legalizing racial profiling. “What constitutes probable cause, Senator Menendez asked, “Foreign accent? Skin color? A foreign name?” The Senators also noted that current law already provides ample authority for state and local police to assist federal immigration agents in enforcing the law against criminals and terrorists.


Senator Kennedy then posed the following question: “Does this amendment actually weaken, rather than strengthen, our security?” “Yes!” he declared, since immigrants simply will be unwilling to come forward and report to police on any useful information they might have. “Report to deport” is all the Coleman amendment achieves, he said, a notion that simply “makes no sense.” Another effect that the Coleman amendment will have, he added, is that not only will immigrant be afraid to report to police crimes they have witnessed for fear of being asked their immigration status, they also will fear seeking health care in many situations. For instance, immigrant victims of domestic violence and sexual assault naturally will become even more reluctant than they already are to safely report crimes committed against them to law enforcement agents.


As scheduled, voting on this amendment began at 12:45 pm. Once the final votes were tallied, the amendment was defeated by a very narrow margin, 48-49.


Dorgan Amendment to Sunset New Worker Program (#1181)


Senator Dorgan (D-ND) introduced an amendment, co-sponsored with Senators Durbin (D-IL) and Boxer (D-CA), that would sunset the new worker program after 5 years. In proposing the amendment, Senator Dorgan again recited the criticisms he made of the program prior to his failed amendment on Tuesday, an amendment which sought to eliminate the new worker program entirely. He argued that the new worker program amounts to nothing more than a “Byzantine” attempt by certain interest groups to lower the wages of American workers by hiring cheaper foreign workers. Senator Durbin added that a new worker program without sunset provisions would create a permanent underclass of people who never assimilate into the fabric of the country, who become dispossessed of rights and become disillusioned in the process. By example, he cited the current plight of working class Turks in Germany, and North Africans in France.


Senator Kennedy (D-MA) then took the floor and again issued a strong defense of the new worker program. He stressed the necessity of such a program for the economy and for American businesses, and argued that, far from driving down wages and taking American jobs, such a program actually ensures that American wages remain competitive and fair. Without a new worker program, he added, the hiring of cheaper, undocumented workers will persist and American workers will suffer, quite the opposite of Senator Dorgan’s earlier contentions. Furthermore, Senator Kennedy added that without a new worker program, the exploitation of undocumented workers by unscrupulous employers will continue, and the border will remain a sieve for more undocumented workers to come through. No job can be offered to any immigrant, he continued, before it is openly advertised and offered to American workers first. Finally, he contrasted the situations in Germany and France, brought up by Senator Dorgan, with that in the U.S., stating that the underlying bill provides new workers an opportunity to earn points toward permanent resident status under the new merit-based point system. Such a possibility does not exist in those other countries.


Senator Specter (R-PA) echoed similar sentiments in support of the new worker program, and urged his colleagues to vote against Senator Dorgan’s amendment. Senator Kyl agreed, calling this new Dorgan amendment merely a “light version of the amendment that was defeated” on Tuesday, and adding that “sunsetting” the program does nothing to eliminate illegal immigration into the country, since employers simply won’t have the workers they need to fill labor shortages and immigrants will continue to cross the border seeking available jobs.


This amendment was defeated, 48-49.


McCain Amendment Regarding Payment of Back Federal Taxes (#1185)


Senator McCain introduced an amendment regarding the payment of back taxes. While AILA has not yet seen the actually text of the amendment, we understand that it was included in last year’s Senate bill, S.2611, and requires those who legalize to pay back taxes for periods they worked while in undocumented status.


This amendment was accepted by voice vote.


Akaka Amendment Regarding Children of Filipino WWII Veterans (#1186)


Senator Akaka (D-HI) introduced an amendment yesterday that would exempt from the numerical limitations on family-based immigrants the unmarried and married sons and daughters of naturalized Filipino World War II veterans. Senator Kennedy expressed his support for this amendment.


This amendment passed by a vote of 87-9.


Sanders Amendment Raising Fees for H-1B Visas (#1223)


Senator Sanders (I-VT) introduced an amendment that would increase the fees for H-1B visas from $1,500 to $8,500. This additional fee would be on top of existing fees, and funds would be used for training and scholarship programs. Senator Sanders listed the Teamsters Union and the AFL-CIO among supporters of his amendment. Without this amendment, Senator Sanders said, “skilled middle class and upper middle class Americans” would be hurt, and their wages would continue to be suppressed. Senator Sanders cited evidence that certain U.S. companies admit hiring foreign H-1B workers over American workers because “foreign workers are willing to work for less money than Americans,” earning “huge profits” as a result.


Just prior to the vote, Senator Sanders announced that he had made changes to his amendment, dropping the fee for H-1B visas from the $8,500 he proposed earlier, down to $5,000. Following Senator Sanders’ announcement, Senators Kennedy and Specter expressed their support for the bill.


This amendment was accepted, 59-35.


Vitter Amendment to Prevent Legalization of the 12 Million Undocumented (#1157)


Senator Vitter (R-LA) introduced an amendment that “strikes at the heart” of the underlying bill. The amendment seeks “to eliminate the fundamentally flawed Z visa amnesty” provision from the underlying bill, thereby preventing undocumented immigrants from legalizing. He stated that “rewarding illegal behavior, as was done in


the 1986 amnesty,” sent the wrong message to those outside the country wanting to get in, many of whom are here today in undocumented status. This message, he argued, must not be repeated, so the Z visa provisions in Title VI should be taken out of the underlying bill. Senator DeMint (R-SC) voiced support for this amendment.


Senators Specter and Kennedy attacked this amendment, saying it essentially guts the major thrust behind the underlying legislation, making the entire bill virtually obsolete should the amendment pass.


This amendment failed, 29-66.


The following amendments were introduced, but voting on them was delayed until after the Memorial Day recess.


Dodd Amendment (#1199)


Senator Dodd introduced an amendment he spoke about yesterday, seeking to increase family unification. The amendment would address provisions in the current bill curtailing provisions for parents of U.S. citizen (USC) sponsors. In particular, it would increase the green card cap on visas issued to parents of USCs to 90,000, up from the 40,000 set aside in the underlying bill, making sure sufficient numbers of visas are available to those parents coming to the U.S. It also would lengthen parent visitor stays to 180 days, up from the 30 days allowed for in the underlying bill. Finally, the amendment would make penalties for parent overstays applicable only to those parents, not their USC sponsors.


Senator Menendez expressed strong support for this amendment, as he did yesterday, chastising those who characterize family reunification as mere “chain migration,” and declaring that those who denigrate parents coming to the US, wanting to join their USC children, have simply chosen to dismiss the very essence of what America was built on.


Voting on this amendment was delayed until after the Memorial Day recess.


Cornyn Amendment Expanding Restrictions on Immigration Benefits and Due Process (#1184)


Yesterday, Senator Cornyn (R-TX) introduced an amendment that would expand restrictions on immigration benefits and due process, closing what Senator Cornyn terms “loopholes” in the underlying bill that allow legalization of what he called “absconders,” those who have failed to deport after being ordered deported, or who have reentered the country unlawfully after being removed. The full ramifications of this amendment are still being grappled with, but it is becoming increasingly clear that this amendment, if passed, would exclude a large portion of the undocumented population from the legalization program in the underlying bill. Moreover, because of its retroactivity provisions, this amendment would further aggravate the devastating impact of the


material support bar and would prevent vulnerable populations from certain forms of protection through immigration relief.


Senator Menendez took to the floor to offer his strong opposition to the bill, focusing in particular on the dangers of retroactivity provisions in any legislation. How fair is it, he asked, to punish someone for doing something that was legal when they did it? Regarding immigration laws in particular, such retroactivity, he declared, was near universally recognized as a policy that led to tremendous harm in prior laws, and for this reason, was eliminated in all prior negotiations leading up to the underlying bill. Senator Cornyn was being disingenuous at best, Senator Menendez implied, by trying to insert it into the bill now through his amendment.


Voting on this amendment was delayed until after the Memorial Day recess.


Menendez Amendment (#1194)


Senator Menendez introduced an amendment, co-sponsored by several other senators, that would move the cut-off date for legal immigration applicants from the May 1, 2005 date proposed in the underlying bill, to January 1, 2007, the same date proposed for legalization of the undocumented. “All this amendment does, Senator Menendez said, “is bring justice and fairness to the underlying bill by treating legal applicants and the undocumented the same.” The amendment “provides the same cut-off date for those who played by the rules and are sponsored to come here by a United States citizen, as those who entered in undocumented status with nobody sponsoring them.”


The amendment also would add 100,000 green cards a year to aggressively reduce the backlog and avoid lengthening the eight-year deadline for clearing the adult children and sibling backlog. This backlog clearance must be completed before immigrants in the new legalization program can begin obtaining legal permanent residency status.


Voting on this amendment was delayed until after the Memorial Day recess.


McConnell Amendment Requiring ID Cards to Vote in National Elections (#1170)


Senator McConnell (R-KY) introduced an amendment requiring that individuals across the country present a government issued, valid, photo identification card in order to register to vote. The impetus behind this amendment, he said, was a story about undocumented individuals in San Antonio who voted despite not being citizens of the U.S. Senator McConnell said he was sure that “such a story, if true, is certainly happening elsewhere” as well.


Voting on this amendment was delayed until after the Memorial Day recess.


Feingold Amendment to Set Up Commissions to Study U.S. Treatment of Refugees During WWII (#1176)


Senator Feingold (D-WI) introduced an amendment setting up commissions to review the circumstances surrounding injustices suffered by European Americans, European Latin Americans, and Jewish refugees during World War II.


Sessions Amendment Preventing Those Who Legalize From Collecting Earned Income Tax Credit (#1235)


Senator Sessions (R-AL) introduced an amendment to prevent undocumented workers who legalize from collecting any benefits relating to the Earned Income Tax Credit.


Senator Kennedy offered a brief, but passionate criticism of the Sessions amendment, saying that while murderers and other criminals, many of whom have committed heinous crimes, still can collect the Earned Income Tax Credit, the Sessions amendment would prevent a person from collecting the tax credit simply for being in the country in undocumented status. Senator Kennedy said that he would reserve the rest of his comments on this amendment for a later time during the debate.


Durbin Amendment to Require Jobs Be Offered to Americans Before Y Visa Holders


Senator Durbin (D-IL) introduced an amendment to require that jobs be offered to Americans before they are offered to Y visa holders in the new worker program, and removes a provision in the underlying bill allowing the Secretary of Labor to declare labor shortages. Senator Durbin asked that this amendment be considered after the Memorial Day recess.


In general, AILA believes this “bargain” bill is unacceptable and unworkable in its current form. However, while the process is still very much in flux, we are working closely with our allies to improve the bargain as much as possible during Senate floor debate over the next few weeks. We will keep you posted about amendment information as it becomes available.

USCIS Transfers I-485s to NSC and TSC

VIA AILA

AILA’s Service Center Operations (SCOPS) Liaison Committee reports that
in anticipation of the next phase of Bi-Specialization, I-485
applications are being transferred from CSC to NSC, and from VSC to
TSC. This includes cases that are subject to visa retrogression and
security/background checks. Transfer notices will be sent and the USCIS
online system will be updated when a transfer occurs. SCOPS has
confirmed that transferred cases will go into the queue based on
original filing date and not the date of the transfer.

VISA BULLETIN FOR JANUARY 2007

Visa Bulletin

Number 101
Volume VIII
Washington, D.C.

VISA BULLETIN FOR JANUARY 2007

A. STATUTORY NUMBERS

1.
This bulletin summarizes the availability of immigrant numbers during
January. 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 December 7th 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 date earlier 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.

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

FAMILY-SPONSORED PREFERENCES

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

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

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

Fourth: 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”.

Schedule
A Workers: Employment First, Second, and Third preference Schedule A
applicants are entitled to up to 50,000 “recaptured” numbers.

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.

4.
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.

5.
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.)

Fam-ily All Charge- ability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPP-INES
1st  22APR01 22APR01 22APR01 01JAN94 15DEC91
2A 15MAR02 15MAR02 15MAR02 15MAR00 15MAR02
2B 08APR97 08APR97 08APR97 01MAR92 08SEP96
3rd 01JAN99 01JAN99 01JAN99 01JAN95 08FEB91
4th 08JAN96 22JUN95 01OCT95 22JAN94 01JUL84

*NOTE:
For January, 2A numbers EXEMPT from per-country limit are available to
applicants from all countries with priority dates earlier than 15MAR00.
2A numbers SUBJECT to per-country limit are available to applicants
chargeable to all countries EXCEPT MEXICO with priority dates beginning
15MAR00 and earlier than 15MAR02. (All 2A numbers provided for MEXICO
are exempt from the per-country limit; there are no 2A numbers for
MEXICO subject to per-country limit.)

 

All
Charge-ability
Areas
Except
Those
Listed

CHINA-
mainland born
INDIA MEXICO PHILIP-PINES
Employ-ment
-Based

         
1st C C C C C
2nd C 22APR05 08JAN03 C C
3rd 01AUG02 01AUG02 08MAY01 15MAY01 01AUG02
Schedule
A
Workers
15JUN04 15JUN04 15JUN04 15JUN04 15JUN04
Other
Workers
01OCT01 01OCT01 01OCT01 01OCT01 01OCT01
4th C C C C C
Certain Religious Workers C C C C C
Iraqi & Afghani Translators 18SEP06 18SEP06 18SEP06 18SEP06 18SEP06
5th C C C C C
Targeted Employ-ment Areas/
Regional Centers
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.

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.

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-2007 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
January, immigrant numbers in the DV category are available to
qualified DV-2007 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 11,300

Except:
Egypt
10,900
Ethiopia
9,000
Nigeria
7,000

ASIA 3,800  
EUROPE 9,900  
NORTH AMERICA (BAHAMAS) 7  
OCEANIA 460  
SOUTH AMERICA, and the CARIBBEAN 700  

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-2007 program ends as of September 30, 2007. DV visas may not be
issued to DV-2007 applicants after that date. Similarly, spouses and
children accompanying or following to join DV-2007 principals are only
entitled to derivative DV status until September 30, 2007. DV visa
availability through the very end of FY-2007 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 FEBRUARY

For
February, immigrant numbers in the DV category are available to
qualified DV-2007 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 11,850

Except:
Ethiopia 10,800
Nigeria 7,600

ASIA 3,800  
EUROPE 10,400  
NORTH AMERICA (BAHAMAS) 7  
OCEANIA 550  
SOUTH AMERICA, and the CARIBBEAN 825  

 

D. SCHEDULE A WORKER VISA CATEGORY

A
small amount of Schedule A Worker numbers which had been provided to
consular offices for November use were returned unused after the end of
the month and thus became available for reallocation. All remaining
Schedule A Worker numbers have been made available to applicants whose
priority dates are within the January cut-off date (15JUN04). The
Schedule A Worker category will be removed from the listings beginning
with the February cut-off dates.

E. OTHER NOTES ON VISA AVAILABILITY

FAMILY:
Demand for numbers in the Mexico and Philippines Family Third
preference category has been very heavy during the first quarter. No
movement of those cut-off dates can be expected, and continued heavy
demand may require the retrogression of the dates at some point in the
future.

EMPLOYMENT:
Demand for numbers in the Employment Third “Other Workers” category, as
well as the China and India Employment Second preference categories,
has been escalating. No movement in those cut-off dates will be
possible until the current level of demand subsides.

F. 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/VOecember 7, 2006

Senator’s wife in hiding after deportation threat

Via CNN.com
12/05/2006

ATLANTA, Georgia (AP) — State Sen. Curt Thompson has been a
strong advocate of immigration rights, once speaking in Spanish from
the steps of the Georgia Capitol against the adoption of some of the
nation’s strictest immigration controls.

Now Thompson’s Colombian-born wife is in hiding as federal immigration officials try to deport her.

Sascha
Herrera, 28, has been in hiding since Immigration and Customs
Enforcement officers arrived at her home November 28 with an order to
remove her from the U.S. She was not home at the time.

Her
attorney, Charles Kuck, claims she was duped by a man handling her
immigration requests and that she never received the immigration
notices that triggered her deportation order. While Kuck says neither
he nor her husband know where Herrera is, he said that she will turn
herself in Tuesday.

“It’s the right thing to do. She needs to get the law to work for her,” Kuck said.

Kuck
filed a petition Monday to halt her deportation order and reopen her
case, arguing that a man filed an asylum petition on her behalf without
her knowledge and before her husband sponsored her green card
application based on their April marriage.

The deportation order
stems from Herrera’s repeated failure to appear before a judge on the
asylum application, which Kuck said she did not know had been filed.

The
case hinges on whether Herrera received a notice to appear in court,
and whether the asylum application could have been filed without her
knowledge, said Victor Cerda, former general counsel for Immigration
and Customs Enforcement.

According to Kuck, Herrera came to the
U.S. — where her parents have been living — on a visitor visa in
2003. She applied for an extension to the visa through a “notario” — a
man who claimed he was qualified to handle legal immigration matters –
but did not get it until 20 days before the extension was due to expire.

The
notario then suggested an asylum application, which Herrera signed, but
she got a “bad vibe” from the man and decided not to proceed, Kuck said.

Later
in 2004, she was accepted as a student at Kennesaw State University,
which earned her a student visa. She then told the notario she did not
want anything to do with him.

She met Thompson last year and they
got married in April, when he applied for her to become a permanent
resident. Kuck said Herrera’s husband, a Democrat and attorney, would
not comment on the case.

But in the meantime, the notario filed
the asylum application, listing his address as hers. A telephone number
listed for the notario, identified as Tomas Vilela, was being answered
Monday by a fax machine.

Cerda said the deportation order in the
asylum case would trump any pending green card application and trigger
mandatory detention.

Her decision to hide could hurt her request
for a judge’s stay on deportation, Cerda said. If she turns herself in,
she could remain in the U.S. while her petition is pending, either in
jail or released on bond.

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