Administration Slams Door on Thousands of Legal Immigrants: AILA Condemns Agencies’ Bait and Switch
VIA AILA
06/02/2007
WASHINGTON, D.C.–The American Immigration Lawyers Association
strongly condemns the bait and switch perpetrated by the federal
government on thousands of intending immigrants who have waited in line
for years and were following the rules for obtaining a “green card.”
On June 13, 2007, the U.S. State Department announced that, as of
July 2, individuals seeking permanent residence (“green cards”) through
employer sponsorship finally would be allowed to proceed with their
applications. Applicants would have a short window, possibly only
through July or perhaps August, to complete their paperwork.
Those intending immigrants, immediately and at great expense, rushed
to gather final documents, complete their paperwork and obtain required
medical exams. Many sent their applications off on Friday, June 29 for
arrival on July 2 at the Department of Homeland Security, for the last
phase of the multi-step process that leads to a green card.
However, on the very day the door was to open, DOS and DHS slammed it shut.
On July 2, DHS and DOS announced-based on no different information
than they had on June 13 when they announced the opening of this filing
door-that all applications would be turned away.
“People ask why those who come to the United States illegally can’t
just follow the rules,” said Kathleen Campbell Walker, President of the
American Immigration Lawyers Association. “But here people followed the
rules and did everything right, yet without warning or explanation the
door was slammed in their faces. This hoax perpetrated by these two
government agencies is unconscionable, and is an example of how badly
our immigration system is broken.”
AILA calls on the Administration to do the right thing and keep its
promise to the people affected by this sudden reversal. AILA also calls
on Congress to get it right this time and fix our badly broken system.
SCOPS Answers Liaison Questions on Concurrently-filed I-140s Under New Rejection Policy
VIA AILA
06/02/2007
Q: For concurrent filings, will you retain the
I-140 and reject only the I-485 and related applications? Does it
matter if there are separate checks?
A: We will process the I-140 if it is paid with a separate check. If
the entire package is paid with one fee, we do not have a mechanism for
partial withdrawal for the I-140. We would reject the package and allow
the petitioner to re-file with the I-140 alone.
Again, we need a separate check for the stand-alone I-140.
USCIS Announces Update on Employment-Based Adjustment of Status Processing
USCIS Update
06/02/2007
WASHINGTON—The Department of State has revised its July Visa Bulletin to reflect that all available employment-based immigrant visas have been allocated for fiscal year 2007.
As a result, beginning today, U.S. Citizenship and Immigration Services (USCIS) is rejecting applications to adjust status (Form I-485) filed by aliens whose priority dates are not current under the revised July Visa Bulletin.
U.S. immigration law limits the number of employment-based immigrant visas that may be issued each fiscal year.
Should I File My I-485 Applications?
Via AILA
06/02/2007
USCIS announced this afternoon that, effective today, it is rejecting all employment-based adjustment of status applications where the priority date is not current under the revised visa bulletin. USCIS Service Center Operations has advised AILA liaison that it will be rejecting ALL employment-based adjustment of status applications received beginning today.
So, Do I Keep Filing?
Many members have asked whether they should keep filing employment-based adjustment applications in light of today’s announcement by the Department of State that there will be no further authorizations of visa numbers for employment preferences and the announcement by USCIS referenced above. This is, of course, a decision each applicant must make and each attorney must advise in his or her best judgment. However, following are some factors to keep in mind:
AILF’s Legal Action Center is preparing to litigate. Plaintiffs and class members whose applications were rejected or returned would have the strongest legal claims and have the strongest claims to benefit from a favorable result.
Some case law indicates that where an applicant or their attorney did not apply or permitted the agency to “front desk” an application (turned the applicant away without evidence they had applied) those beneficiaries were not eligible for the remedies ordered by the court.
Litigation is likely if USCIS revises the July visa bulletin
VIA AILA/AILF
Litigation is likely if USCIS revises the July visa bulletin. See attached forms for details – please only read to become
familiar with the process – do not submit at this point.
<a href="/files/4941-4844/Visa_Bulletin_FAQ_6_29_07.pdf”>Visa Bulletin FAQ
<a href="/files/4941-4844/Visa_bulletin_Questionnaire_6_29_07.pdf”>Visa bulletin Questionnaire
Update to attorneys regarding the possibility of a July visa bulletin revision
Via AILA National
06/29/2007
Further to the email earlier today about July visa availability:
Several members have asked whether they should continue in their efforts to file adjustment of status applications for employment-based cases. Of course, this is a matter for each attorney’s best judgment, but note that:
-It is not certain what day the revised Bulletin will be issued.
-It is possible that the revised bulletin will not issue at all–efforts to stop this unprecedented action are being pursued.
-If you “front desk” the application, i.e. decide it is futile to file, and a remedy opens up later, having submitted the applications may improve the chances of utlizing whatever fix might be available.
-If you do submit the adjustments, be sure to use a method whereby you can document delivery, and keep that documentation for each client.
-AILF’s Legal Action Center is seeking plaintiffs with respect to both the adjustment applications that were or are expected to be rejected for June and the adjustment applications that are expected to be rejected in July.
We cannot predict now what will happen, but will continue to update the membership as developments occur.
BREAKING NEWS – AILA Reports State Department plans to issue a revised Visa Bulletin for July 2007
VIA AILA NATIONAL
06/29/2007
We are hearing from multiple sources that, on Monday or Tuesday of
next week, State Department plans to issue a revised Visa Bulletin for
July 2007. This revised Bulletin would retrogress some or all of the
employment-based categories, very likely to the point of unavailable.
Reports from AILA members
about unusual levels and types of activities by USCIS indicate a
particular push to adjudicate employment-based adjustments currently in
the pipeline so as to exhaust visa numbers for fiscal year 2007.
This follows the actions of USCIS in June, when it began rejecting
EB-3 “Other Worker” adjustment applications even though the Visa
Bulletin showed an October 2001 cut-off date, on the basis that the
“Other Worker” numbers for the year had been exhausted.
USCIS Announces Temporary Suspension of Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker
VIA USCIS
06/27/2007
WASHINGTON – Effective July 2, 2007, USCIS is announcing the temporary suspension of Premium
Processing Service for Form I-140, Immigrant Petition for Alien Worker, in accordance with 8 CFR
103.2(f)(2). USCIS anticipates a substantial increase in the number of petitioning employers that will file
Form I-140 petitions requesting Premium Processing Service as of July 2, 2007. This is due to pent up
demand for preference visa categories for which visas will become available according to the Department
of State July 2007 Visa Bulletin. The volume of Form I-140 petitions filed that request Premium Process
Service is expected to exceed USCIS’ capacity to provide the Premium Process Service according to the
Premium Process Service program guidelines.
Premium Processing Service guarantees that within 15 calendar days of receipt of a petition, USCIS will
issue either an approval notice, a notice of intent to deny, a request for evidence or open an investigation
for fraud or misrepresentation.
This suspension will last for 30 days beginning on July 2, 2007 and ending on August 1, 2007. During this
timeframe, USCIS will determine whether it is able to process these cases within 15 calendar days of
receipt. If so, Premium Processing Service will once again be made available for Form I-140 petitions.
Senate immigration bill suffers crushing defeat
Via CNN
• “It’s a sad day for America,” says Sen. Charles Schumer, D-N.Y.
• Homeland Security chief says key “tools” were “left on Senate floor today”
• Bush says “Congress must prove … it can come together on hard issues”
• Bill was centerpiece of Bush’s 2nd term; aimed at legalizing 12 million
Immigration bill best chance to boost H-1B visas
Via BizJournals
Kent Hoover Washington Bureau Chief
Despite the Senate’s failure to act on sweeping immigration legislation, the technology industry still sees comprehensive reform as the best way to get more H-1B visas for foreign engineers and computer programmers, and to reduce the backlog for green cards.
Negotiations were under way to address these issues when the Senate — at least temporarily — dropped consideration of its immigration bill because of disagreements over how many amendments should be considered.
“We were actually heartened by the progress made,” said James Ratchford, a spokesman for the Information Technology Industry Council. “We’re more confident now it would be part of a comprehensive bill.”
Demand for H-1B visas, which allow highly skilled foreigners to work in the United States for six years, dramatically exceeds supply. The federal government received 150,000 petitions for fiscal 2008’s allotment of 65,000 H-1B visas on the first day it accepted applications.
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Plan to send immigrants home is defeated
Via Yahoo/AP News
WASHINGTON – The Senate on Wednesday killed a Republican proposal to require all adult illegal immigrants to return home temporarily in order to qualify for permanent lawful status in this country.
The vote was 53-45 to table an amendment by Sen. Kay Bailey Hutchison, R-Texas, that was one of several proposals designed to respond to conservatives who decry President Bush’s immigration bill as a form of amnesty.
The bill could grant lawful status to as many as 12 million illegal immigrants as long as they passed background checks and paid fines and fees. Heads of household seeking permanent legal residency would have to return home to apply for green cards, however.
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The U.S. Immigration Law Blog by Ashwin Sharma 
VB Gate
VIA ILW.com
In one of the largest scandals in recent immigration history,
out-of-control executive branch agencies entrusted with running a
lawful and fair immigration system have cruelly and unjustly dashed the
hopes of hundreds of thousands of legal immigrants. The high drama over
the last few weeks featured DOS moving heavily retrogressed employment
visa numbers (especially for India, China, Mexico and the Phillippines)
to current (meaning un-retrogressed), and now to re-retrogressed.
Whether DOS/USCIS have the legal authority for this mumbo-jumbo is not
clear. Among the practical effects of this is to forbid work
authorization to many who would otherwise have been able to legally
work (such as H4s), and to forbid travel to many who would otherwise
have been making plans to visit loved ones overseas. In addition, of
course, USCIS will assess higher fees post-July 30th once the newly
increased USCIS fees go into effect.
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