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.
Pact with US can be manna for IT pros
Via DNAIndia.com
12/04/2006
NEW DELHI: The United States will take up the issue of Totalisation Agreement with India next week.
An accord would mean Indians working in the US may be refunded the
money they paid as social security contribution in the US — after
they leave the country, said US undersecretary for international trade,
Franklin L Lavin, here on Monday.
The Totalisation Agreement is a pact between the US and another
country that eliminates dual social security coverage and taxes for
social security programs.
Currently, European nations return the money to the overseas
employee who accrues it under the social security head, but the US does
not do so.
According to Nasscom estimates, the Indian IT industry loses about
$300 million annually because of the absence of a Totalisation
Agreement with the US.
“A chunk of H1B visa availed for going to US is used by the IT
professionals. This category of visa is valid for only three years and
can be extended by another three years. Therefore, an employee who pays
the social security taxes for six years comes back without availing of
its benefits. They become applicable only if a person lives in the US
for 10 years or 40 quarters,” explained Sunil Mehta, vice-president,
Nasscom.
In some cases, as much as 22.5% of an expat’s salary is deducted towards social security expenditure.
The US stand is that it will return the money if there is a similar
social security scheme. The only similar scheme in India is the
employees provident fund, which is not recognised by the US as an
equivalent. Once there is a Totalisation Agreement with the US, the
money could be given back to the company or the IT professional – in
short, it could flow back to India.
The Indian IT industry had been lobbying with both the US and Indian
government to ink the agreement and spell out clear-cut guidelines for
employees working overseas and in India and pave the way for uniformity
in the employee issues. The matter has assumed importance of late, as
there has been ambiguity in the applicability of laws in companies,
which have operation in both these countries. In fact, Nasscom, has
been lobbying for this for the last 11 years adds Mehta.
U.S. trucker guilty in immigrant deaths
Via Reuters
12/04/2006
HOUSTON (Reuters) – A U.S. jury convicted a truck driver on Monday
for his role in the deadliest known illegal human smuggling case in
which 19 immigrants died in a verdict that could result in his being
put to death.
Tyrone Williams, 35, a legal Jamaican immigrant
living in Schenectady, New York, was convicted in U.S. District Court
in Houston of 58 counts, including conspiracy, harboring and
transporting at least 74 illegal immigrants in the deadly 2003 incident.
Starting
Wednesday, the same jury will decide whether he gets death or a lesser
sentence, deliberations that could take at least a week. Under a 1996
U.S. law, smugglers can be sentenced to death if illegal immigrants die
in transport.
DHS official admits taking bribes to fake documents
Via CNN.com
12/01/2006
WASHINGTON (CNN) — A federal immigration official pleaded
guilty Thursday to receiving more than $600,000 in bribes for
falsifying documents for illegal immigrants.
Robert Schofield, 57, could face 25 years in federal prison when he is sentenced in February.
He
pleaded guilty in U.S. District Court in Alexandria, Virginia, to
issuing fraudulent documents to at least 184 illegal immigrants who
falsely received U.S. citizenship.
Schofield, a former supervisor for the U.S. Citizenship and Immigration Service, was arrested in June.
He
had served as a supervisory district adjudications officer at the
Washington district office of agency, part of the Department of
Homeland Security.
According to court documents, Schofield
illegally helped Asian immigrants obtain U.S. citizenship in return for
payments of $30,000 or more.
Under terms of the plea agreement
Schofield has agreed to surrender his home, his bank accounts and his
government retirement account.
“The breadth and scope of Mr. Schofield’s fraud and corruption are truly stunning,” said U.S. Attorney Chuck Rosenberg.
“Those
who compromise the integrity of our national immigration system betray
the confidence of the American people, and their actions are shameful.”
Prosecutors said Schofield employed a network of brokers to bring aliens to him who were willing to pay for the phony documents.
The government says it has identified a number of these brokers.
One of them, Qiming Ye of Washington, has already pleaded guilty and will be sentenced December 21.
USCIS Initiates New Naturalization/Citizenship Test
On Thursday, U.S. Citizenship and Immigration
Services Director Emilio Gonzalez announced the release of 144
questions and answers for the pilot test of a new naturalization exam.
USCIS will administer the pilot exam to about 5,000 volunteer
citizenship applicants in 10 cities beginning in early 2007.
Click here to read The Associated Press article about the new citizenship test.
USCIS included new questions that focus on the concepts of democracy and the rights and responsibilities of citizenship.
Here are some sample questions:
1. Name one important idea found in the Declaration of Independence.
2. What is the supreme law of the land?
3. What does the Constitution do?
4. What does “We the People” mean in the Constitution?
5. What do we call changes to the Constitution?
6. What is an amendment?
7. What do we call the first ten amendments to the Constitution?
8. Name one right or freedom from the First Amendment.
9. How many amendments does the Constitution have?
10. What did the Declaration of Independence do?
11. What does freedom of religion mean?
12. What type of economic system does the U.S. have?
13. What are the three branches or parts of the government?
14. Name one branch or part of the government.
15. Who is in charge of the executive branch?
16. Who makes federal laws?
17. What are the two parts of the United States Congress?
18. How many United States Senators are there?
19. We elect a U.S. Senator for how many years?
20. Name your state’s two U.S. Senators.
21. How many U.S. Senators does each state have?
22. The House of Representatives has how many voting members?
23. We elect a U.S. Representative for how many years?
24. Name your U.S. Representative.
25. Who does a U.S. Senator represent?
Answers (Some questions have multiple correct answers)
1. Name one important idea found in the Declaration of Independence.
A: People are born with natural rights.
A: The power of government comes from the people.
A: The people can change their government if it hurts their natural rights.
A: All people are created equal.
2. What is the supreme law of the land?
A: The Constitution
3. What does the Constitution do?
A: It sets up the government.
A: It protects basic rights of Americans.
4. What does “We the People” mean in the Constitution?
A: The power of government comes from the people.
5. What do we call changes to the Constitution?
A: Amendments
6. What is an amendment?
A: It is a change to the Constitution.
7. What do we call the first ten amendments to the Constitution?
A: The Bill of Rights
8. Name one right or freedom from the First Amendment.
A: Speech
A: Religion
A: Assembly
A: Press
A: Petition the government
9. How many amendments does the Constitution have?
A: Twenty-seven (27)
10. What did the Declaration of Independence do?
A: Announce the independence of the United States from Great Britain
A: Say that the U.S. is free from Great Britain
11. What does freedom of religion mean?
A: You can practice any religion you want, or not practice at all.
12. What type of economic system does the U.S. have?
A: Capitalist economy
A: Free market
A: Market economy
13. What are the three branches or parts of the government?
A: Executive, legislative, and judicial
A: Congress, the President, the courts
14. Name one branch or part of the government.
A: Congress
A: Legislative
A: President
A: Executive
A: The courts
A: Judicial
15. Who is in charge of the executive branch?
A: The President
16. Who makes federal laws?
A: Congress
A: The Senate and House (of Representatives)
A: The (U.S. or national) legislature
17. What are the two parts of the United States Congress?
A: The Senate and House (of Representatives)
18. How many United States Senators are there?
A: 100
19. We elect a U.S. Senator for how many years?
A: Six (6)
20. Name your state’s two U.S. Senators.
A: Arlen Specter and Rick Santorum.
21. How many U.S. Senators does each state have?
A: Two (2)
22. The House of Representatives has how many voting members?
A: 435
23. We elect a U.S. Representative for how many years?
A: Two (2)
24. Name your U.S. Representative.
A: Rep. Don Sherwood.
25. Who does a U.S. Senator represent?
A: All citizens in that Senator’s state
Pakistani [students] get mixed signals on Fulbright policies
Via CNN
11/30/2006
(AP) — The State Department will temporarily let Pakistani
Fulbright students apply to stay in America for up to 18 months after
their academic programs end so they can pursue internships and other
practical training, following an apparent miscommunication over whether
they were eligible to do so.
Students from most of the 151
countries participating in the Fulbright exchange program can apply for
“academic training” after their degree programs are finished.
In
about a dozen countries, however — including Nigeria, China and
Afghanistan — program rules require the students to return to their
home countries immediately after finishing their courses.
Pakistan,
one of the largest participants in the Fulbright program, is also
supposed to be one of the countries where students must return
immediately after finishing their academic work. But State Department
officials, speaking on condition of anonymity, confirmed this week some
Fulbright students may have been told by administrators during their
pre-departure orientation in Pakistan that they could apply to stay.
One official said at least one student had applied to extend his stay and had been accepted.
That
news caught the State Department by surprise, as did the subsequent
news that Pakistani students were then told two weeks ago they could
not apply after all. Given the confusion, applications from current
Pakistani students for the extra time will be considered, the State
Department said.
Established in 1946, the Fulbright is the U.S.
government’s most prominent educational exchange program, sending
American students, scholars and professionals to countries around the
world and bringing their counterparts to the U.S.
About 1,200
U.S. students and 2,600 foreign students receive the awards each year.
Nearly 2,000 Fulbright scholars, who are no longer students, also
receive awards to study or work abroad.
The Fulbright program in
Pakistan, a key ally of the United States in the Islamic world, has
been significantly expanded in recent years and is among the largest.
Currently, 208 Pakistani Fulbright students are in the U.S.
The
confusion will likely affect only a handful of people. Only about 120
people, from all countries, are currently part of the extended training
program. Applicants are often denied because the program does not want
students lingering in the U.S. when there is important work awaiting
them in their home countries.
The State Department’s Bureau of
Educational and Cultural Affairs administers the Fulbright program,
along with bi-national Fulbright commissions and U.S. embassies abroad.
The Institute of International Education also assists.
Some GOPers want immigration reform now
Via United Press International
WASHINGTON,
Nov. 9 (UPI) — Some Republicans believe the party leadership in the
U.S. Congress should try to get the stalled immigration reform bill
passed during a lame-duck session.
“It would be better to get a comprehensive (immigration reform)
package passed while we are still in a position to draft it,” Stewart
Verdery, a former senior official at the Department of Homeland
Security, now a GOP lobbyist and policy consultant, told United Press
International.
“Otherwise, we will just get a more liberal bill next year” when
the Democrats take control, said Verdery, a long-time supporter of
immigration reform.
President George W. Bush said Wednesday he would work with
Democrats in Congress to pass the legislative package he has pushed,
but which has been blocked till now by House Republicans who oppose its
guest worker program and its provision giving illegal immigrants a path
to legalization and eventually citizenship.
Angelo Amador, an immigration law specialist with the U.S. Chamber
of Commerce, told UPI that while business leaders hoped there would be
some progress during the so-called lame duck session — after the
election, but before the new Congress — he was skeptical a whole bill
could be passed.
“Logistical problems are going to be the key,” he said. “Are they
going to have the time?” Congress returns next week, but then will wrap
up for the Thanksgiving break shortly after that.
The issue Amador hopes for progress on is the limit on the numbers
of high-skill temporary workers entering under the H1B visa program. He
said Congress could raise the limit — which is met every year within
days — create exemptions for some categories of workers, or “get
creative” — perhaps by “reclaiming” visas not used during several
years when the cap was much higher and rarely reached.
Homeland Security to require passports for U.S. entry
Via CNN.com
11/22/2006
WASHINGTON (AP) — Virtually all air travelers entering the
United States beginning January 23 will need to show passports — even
U.S. citizens, the Homeland Security Department announced Wednesday.
Until
now, U.S. citizens, travelers from Canada and Bermuda, and some
travelers from Mexico who have special border-crossing cards for
frequent visitors were allowed to show other proofs of identification,
such as drivers’ licenses or birth certificates.
“The ability to
misuse travel documents to enter this country opens the door for a
terrorist to carry out an attack,” Homeland Security Secretary Michael
Chertoff said in a statement.
Chertoff, who disclosed the
effective date in an interview with The Associated Press on Tuesday,
said the change was a crucial next step to helping ensure the nation’s
security.
The department had been expected to institute the
passport requirement for air travelers around the beginning of the
year. Setting the date on January 23 pushes the start past the holiday
season.
“Each of these steps raises the bar to an attack. None of
this is perfect. None of them is foolproof. But we’re always better off
when we build higher levels of security,” he said in the interview.
“Right
now, there are 8,000 different state and local entities in the U.S.
issuing birth certificates and driver’s licenses,” Chertoff said.
Having to distinguish phony from real in so many different documents
“puts an enormous burden on our Customs and Border inspectors,” he said.
In
a few cases, other documents still may be used for air entry into the
U.S. by some frequent travelers between the U.S. and Canada, members of
the American military on official business and some U.S. merchant
mariners.
Under a separate program, Homeland Security plans to
require all travelers entering the U.S. by land or sea, including
Americans, to show passports or an alternative security identification
card when entering the U.S. starting as early as January 2008.
The
Homeland Security Department estimates that about one in four Americans
has a passport. Some people have balked at the $97 price tag.
The September 11 Commission said in its report, “For terrorists, travel documents are as important as weapons.”
The
commission recommended strengthening security of travel documents. A
2004 law passed by Congress mandated the change to require passports as
the only acceptable travel document, with few exceptions, but the exact
date had been in question.
Canadian officials and some members of
Congress from border states have expressed concern that the changes
could interfere with travel and commerce.
Chertoff said his
agency’s data revealed that in September 2006, 90 percent of passengers
leaving from Canadian airports had passports. The department estimated
that 69 percent of U.S. air travelers to Canada, 58 percent of U.S.
travelers to Mexico, and 75 percent of U.S. travelers to the Caribbean
hold passports.
“Could James Bond and Q come up with a fake
passport?” Chertoff asked, referring to the fictional British spy and
his espionage agency’s technical genius. Of course, he replied, because
“nothing is completely perfect.”
Still, he said, with new
technology, it is increasingly difficult to forge passports, and having
just one document to scrutinize should make inspection easier for both
inspectors and travelers.
Immigration Law Toughens License ID Requirements in Colorado
DENVER
New immigration laws in Colorado have made it more difficult for some people to prove their identity and get a driver’s license. The Colorado Department of Revenue
has interpreted the new law to mean that passports are not an
acceptable as a form of identification by themselves when issuing
driver’s licenses in the state.
The new rules, in combination
with old laws about birth certificates have created challenges for
people like Anne Sample who lost her wallet.
Because her birth
certificate was issued by a city, and not a state or county, the
workers would not accept that as a form of identification.
Sample is now waiting for a new birth certificate from the state and county where she was born.
Others have been turned away when using a passport as a form of identification at the DMV.
“The
reality is that is a premiere document used by the federal government
to alert everyone to the fact that you are who you are,” said Maureen
Farrell of the Colorado Center on Law and Policy.
“It came to
our attention that passports were issued in names other than an
individual’s full legal name,” said Michael Cooke, director of the
Colorado Department of Revenue. “The law requires that I prove lawful
presence and use full legal names and if a passport doesn’t get there,
I’m going to have to ask for something else.”
Click here for a list of the driver’s license identification requirements in Colorado.
U.S. Eliminates Nonimmigrant Visa Issuance Fee For All Indian Applicants
November 9, 2006
NEW DELHI – U.S. Ambassador to India David C. Mulford announced today that the U.S. Government has eliminated the US $50 reciprocal issuance fee for all non-immigrant visas for Indian citizens, effective immediately. The result will be a 33% reduction in the cost of obtaining a visa.
“I am pleased to announce this reduction in charges, effective immediately,” said the Ambassador. “I hope it encourages more Indian business people and tourists to travel to America.”
Visa applicants will still be required to pay an application fee of US $100 at a designated HDFC bank branch prior to scheduling a visa interview.
Last month, the Embassy and Consulates General implemented procedures eliminating the visa appointments backlog for Indians who plan travel to the United States. Appointments are currently available for non-immigrant visa applications at all U.S. consular offices in India.
For a complete list of visa fees and more information about visas to the United States, or to make an appointment for a Visa using the new VFS system, please visit one of the following links:
U.S. Embassy and Consulates
http://newdelhi.usembassy.gov
http://calcutta.usconsulate.gov
http://chennai.usconsulate.gov
http://mumbai.usconsulate.gov
VISA BULLETIN FOR DECEMBER 2006
Visa Bulletin
Number 100
Volume VIII
Washington, D.C.
VISA BULLETIN FOR DECEMBER 2006
A. STATUTORY NUMBERS
1.
This bulletin summarizes the availability of immigrant numbers during
December. 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 November 8th in the
chronological order of the reported priority dates. If the demand could
not be satisfied within the statutory or regulatory limits, the
category or foreign state in which demand was excessive was deemed
oversubscribed. The cut-off date for an oversubscribed category is the
priority date of the first applicant who could not be reached within
the numerical limits. Only applicants who have a priority 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 | 01DEC91 |
| 2A | 01MAR02 | 01MAR02 | 01MAR02 | 15JAN00 | 01MAR02 |
| 2B | 08MAR97 | 08MAR97 | 08MAR97 | 01MAR92 | 22AUG96 |
| 3rd | 08DEC98 | 08DEC98 | 08DEC98 | 01JAN95 | 08FEB91 |
| 4th | 01DEC95 | 22MAY95 | 22SEP95 | 22NOV93 | 01JUN84 |
*NOTE:
For December, 2A numbers EXEMPT from per-country limit are available to
applicants from all countries with priority dates earlier than
15JAN00. 2A numbers SUBJECT to per-country limit are available to
applicants chargeable to all countries EXCEPT MEXICO with priority
dates beginning 15JAN00 and earlier than 01MAR02. (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 |
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 | 22APR01 | 08MAY01 | 01AUG02 |
| Schedule A Workers |
U | U | U | U | U |
| 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
December, 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 | 10,300 |
Except: |
| ASIA | 3,500 | |
| EUROPE | 7,700 | |
| NORTH AMERICA (BAHAMAS) | 7 | |
| OCEANIA | 375 | |
| SOUTH AMERICA, and the CARIBBEAN | 525 |
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 RANKCUT-OFFS WHICH WILL APPLY IN JANUARY
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: |
| ASIA | 3,800 | |
| EUROPE | 9,900 | |
| NORTH AMERICA (BAHAMAS) | 7 | |
| OCEANIA | 460 | |
| SOUTH AMERICA, and the CARIBBEAN | 700 |
D. SCHEDULE A WORKER VISA CATEGORY
The
50,000 numbers provided under Title V, Section 502 of the REAL ID Act
of 2005 (Division B of Pub. L. 109-13 enacted May 11, 2005) have all
been allocated. Therefore, the “Schedule A Worker” category has become
“Unavailable” for December.
The Schedule A Worker category is shown in the December cut-off date table, but will be removed from future listings.
E. SPECIAL IMMIGRANT (SI) STATUS FOR PERSONS SERVING AS TRANSLATORS WITH THE UNITED STATES ARMED FORCES
The
National Defense Authorization Act for Fiscal Year 2006 (Title X,
Section 1059 of Public Law 109-163 enacted January 6, 2006) established
a new immigrant visa classification for self-petitioning Iraqi or
Afghani nationals who have worked directly with the United States Armed
Forces as translators for a period of at least 12 months. The total
number of principal aliens who may be provided special immigrant status
under this provision may not exceed 50 in any fiscal year. This new
classification is included in the Employment Fourth preference
category.
It has been necessary to establish a cut-off date for this classification in an effort to hold number use within the annual
limit. That cut-off date for this Iraqi and Afghani Translator category is: 18SEP06
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:
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:November 8, 2006
US tightens screening of 2006 nursing board passers
DOES the stigma attached to the country’s latest batch of nurses remain?
An American organization that determines the eligibility of
foreign-trained nurses to work in the United States is not about to
accept – just yet – applicants from among the passers of the tainted
June 2006 nursing licensure exams.
In a statement posted at its website, the Commission on Graduates of
Foreign Nursing Schools (CGFNS) said it was still reviewing “whether
the licensure process followed in light of the challenged results of
the June 2006 exam is comparable with that required for nurses licensed in America, as required by U.S. law.”
After the evaluation, the CGFNS said it would determine “in the near
future” whether the June batch applicants were eligible for VisaScreen
certification.
VisaScreen refers to the program offered by the CGFNS’ International
Commission on Healthcare Professions that helps foreign health care
professionals qualify for certain occupational visas. It does so by
“verifying and evaluating their credentials to ensure that they meet
the government’s minimum eligibility standards.”
USCIS Announces Transfer of Form I-129F (K-3-spouse of U.S. Citizens only),
USCIS PUBLIC NOTICE
11/14/2006
Beginning October 23, 2006, U.S. Citizenship and Immigration Services (USCIS) National Benefits Center
(NBC) began transferring Form I-129F, Petition for Alien Fiancé(e), (petitions for K-3-spouses of U.S. citizens
only), to the California Service Center (CSC) and the Vermont Service Center (VSC), depending on the location
of the related Form I-130, Petition for Alien Relative. This transfer is being implemented in preparation for
Phase 3 of the USCIS initiative to use centralized filing and bi-specialized adjudication. Through this Bi-
Specialization effort, USCIS continues to align similar workloads between two “sister” service centers, CSC and
VSC, to better manage cases and improve customer service.
USCIS will continue to forward approved Form I-129F (K-3) petitions to the National Visa Center (NVC) for
consular processing. However, it will retain approved Form I-130 petitions, based upon a mutual agreement
with the Department of State. USCIS will retain all approved Forms I-130 for retrieval upon the beneficiary’s
eventual application for adjustment of status (Form I-485), unless the petitioner clearly indicates on Form I-130
that the beneficiary will use the consular process. USCIS will store approved Form I-130 petitions at its
National Record Center (NRC).
USCIS has implemented this process change because most K-3 beneficiaries apply for lawful permanent
residence by filing Form I-485, Application to Register Permanent Residence or Adjust Status, following their
arrival in the United States, as opposed to using their approved Form I-130 petition to apply for an immigrant
visa abroad. By retaining the approved Form I-130 petition at the NRC, USCIS will reduce unnecessary file
movement and eliminate applicable costs and fees associated with immigrant visa processing.
If the beneficiary should later elect to consular process instead of applying for adjustment of status, Form I-824,
Application for Action on an Approved Application or Petition, must be filed with the USCIS office that
approved Form I-130. Upon favorable action on Form I-824, USCIS will send Form I-130 to the NVC.
This internal transfer of work does not alter the existing filing instructions for any of the forms. Accordingly,
USCIS customers who file Forms I-130, I-129F (K-3-spouses of U.S. citizens only), and I-485 should continue
to follow the current filing instructions on these forms. Customers affected by this transfer will receive a receipt
notice from the NBC notifying them of the location to which their Form I-129F has been transferred.
USCIS customers can utilize the following methods to obtain case status information about their pending
applications and petitions:
– Calling the National Customer Service Call Center at 1-800-375-5283
– Using the USCIS web-based Case Status Online located at http://www.uscis.gov
The U.S. Immigration Law Blog by Ashwin Sharma 