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The Dream Act was defeated on a procedural vote in the U.S. Senate today.   The Dream Act would have allowed minor children who have no immigration status gain conditional residency if they proved they were brought to the United States by their parents as minors and if they met other requirements such as attending college or serving in the United States military.  Those opposing this bill, mainly Republicans in the Senate, viewed this as a form of amnesty– and the bill could not advance any further, a ten year record at attempting to pass this Bill or a version thereof.  This means that the United States Congress has not passed a single bill allowing those in the United States illegally to find relief in one form or another since President Bill Clinton left office in 2000 after extending 245(i) benefits- a ten year record.  It is unlikely that this issue will receive much attention in the next Congress.

On July 1, 2010, the Vital Statistics Office of the Commonwealth of Puerto Rico began issuing new, more secure certified copies of birth certificates to U.S. citizens born in Puerto Rico, because of a new Puerto Rico birth certificate law.  After September 30, 2010, all certified copies of birth certificates issued prior to July 1, 2010, will become invalid.   After September 30, 2010, USCIS will not accept any certified copies of Puerto Rico birth certificates (PRBC) issued before July 1, 2010 for the purpose of establishing eligibility for immigration benefit petitions and applications.

Petitioners and applicants may continue to submit PRBCs issued before July 1, 2010, to establish United States citizenship or a familial relationship through September 30, 2010.  USCIS will honor PRBCs in support of immigration filings if received on or before September 30, 2010, even if the adjudication takes place after the PRBC becomes invalid.

If an invalid PRBC is submitted in support of a petition or application, USCIS will notify the appropriate individual and give that individual the opportunity to submit a new, valid birth certificate.

Does an invalid birth certificate affect my citizenship status?

No, this law invalidates only the birth certificate.  It does not change a person’s citizenship status.

What if I already submitted a Puerto Rico birth certificate and my case has not been decided?

If you have already submitted a Puerto Rico birth certificate, the new Puerto Rico law will not affect the adjudication of your case.

How do I get a new Puerto Rico Birth Certificate?

Individuals who were born in Puerto Rico and are now living elsewhere can apply for a new birth certificate on-line or by mail.  Mailed applications will not be accepted until after July 1, 2010.  Instructions on how to apply by mail can be found at: www.prfaa.com/birthcertificates/ and www.prfaa.com/certificadosdenacimiento/.

Source: USCIS

Relief for tor those from Haiti who may not have filed their TPS applications.   The initial registration period that was to end on July 20, 2010, has now been extended to January 2011.

TPS- Temporary Protected Status-  was designated for Haiti nationals present in the United States in January 2010 following the earthquake in Haiti.

Benefits of TPS?

1) Relief from removal – you cannot be deported to Haiti while on TPS

2) Employment Authorization during the designated period and any extensions thereof.

If this is the first time you are reading this weblog, please review previous detailed posts on this topic.  Those posts address issues of who can file, where you file, what you pay for the forms and a host of related issues.

As of a recent count on June 18, 2010, only about 23,000 cases had been filed towards the 65,000 regular cap.  This would mean there are more than 41,000 visas available at that time.

Of the cap reserved for persons with a Masters degree or higher where the cap is 20,000, only about 9,700 had been filed towards that cap on June 18, 2010.

A slow economy and increased adjudication requirements may be contributing to this rather low demand for a H-1B visa.  In past years, the cap would be reached within the first 2-3 days!

Nationals of Haiti wishing to file for Temporary Protected Status (TPS) have until July 20, 2010 to file for their registration applications.

To be eligible, the national of Haiti must have been present in the United States when Haiti was designated for TPS  (January 12, 2010).  Therefore, a Haitian who arrived in the United States in February or March of 2010 would not be eligible for TPS.

 

United States Immigration and Customs Enforcement (ICE) has published a list of the approved schools.  To see if your school is listed, click here ApprovedSchools

Every month, the United States Department of State publishes a Visa Bulletin.  This Bulletin is the primary guide/time clock that lets thousands of visa applicants standing in line know if a visa is finally available for them to enter the United States or adjust status if already in the United States.

The classes of visa applicants most affected by the visa backlogs include those whose petitions were filed by family members as well as low skill employees.  For example, it takes more than ten years for a brother or sister of a United States citizen to receive a green card.  The child of a permanent resident may have a wait of between five and eight years depending on their age.

The Visa Bulletin monitors visa usage and makes an analysis of when a visa would become available based on the date the visa application was filed (this is called the priority date).  It is like standing in line.  First come, first served, depending on the family or family qualification.  Nationals of certain countries especially India, China, Mexico and the Philippines may have even longer waiting times beyond those of other applicants given that the visa demand from these countries is very high relative to the visas available per each country.

The Visa Bulletin can be accessed at the State Department website www.state.gov

Here is part of the Visa Bulletin for June 2010.   “C” means a visa is current or presently available to applicants in a given category.

Visa Bulletin

Number 21
Volume IX
Washington, D.C.

VISA BULLETIN FOR JUNE 2010

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during June. 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 May 10th 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 which has been announced in this bulletin.

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

3. 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, DOMINICAN REPUBLIC, 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.)

Family	All Chargeability Areas Except Those Listed	CHINA-mainland born	DOMINICAN REPUBLIC	INDIA	MEXICO	PHILIPPINES
1st	08NOV04	08NOV04	08NOV04	08NOV04	22OCT92	15MAR95
2A	01JAN08	01JAN08	01DEC06	01JAN08	01DEC06	01JAN08
2B	15NOV02	15NOV02	01JUL02	15NOV02	15JUN92	08MAR99
3rd	22JUN01	22JUN01	22JUN01	22JUN01	22OCT92	22MAY92
4th	01SEP00	01SEP00	01SEP00	01SEP00	08DEC95	01APR88

*NOTE: For June, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01DEC06. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT the DOMINICAN REPUBLIC and MEXICO with  priority dates beginning 01DEC06 and earlier than 01JAN08. (All 2A numbers provided for the DOMINICAN REPUBLIC and MEXICO are exempt from the per-country limit; there are no 2A numbers for the DOMINICAN REPUBLIC and MEXICO subject to the per-country limit.)

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	DOMINICAN REPUBLIC	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C	C
2nd	C	22NOV05	C	01FEB05	C	C
3rd	22JUN03	22JUN03	22JUN03	22OCT01	U	22JUN03
Other Workers	01JUN01	01JUN01	01JUN01	01JUN01	U	01JUN01
4th	C	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C	C
5th	C	C	C	C	C	C
Targeted Employment Areas/ Regional Centers	C	C	C	C	C	C
5th Pilot Programs	C	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-2010 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 June, immigrant numbers in the DV category are available to qualified DV-2010 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	45,600	Except: Egypt: 24,200 Ethiopia: 25,100 Nigeria: 17,500
ASIA	19,550
EUROPE	31,000
NORTH AMERICA (BAHAMAS)	4
OCEANIA	1,175
SOUTH AMERICA, and the CARIBBEAN	1,300

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2010 program ends as of September 30, 2010. DV visas may not be issued to DV-2010 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2010 principals are only entitled to derivative DV status until September 30, 2010. DV visa availability through the very end of FY-2010 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 JULY

For July, immigrant numbers in the DV category are available to qualified DV-2010 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	54,100	Except: Egypt: 24,500 Ethiopia: 25,100 Nigeria: 18,850
ASIA	23,500
EUROPE	32,000
NORTH AMERICA (BAHAMAS)	5
OCEANIA	1,300
SOUTH AMERICA, and the CARIBBEAN	1,500

D. OVERSUBSCRIPTION OF THE DOMINICAN REPUBLIC CHARGEABILITY

Continued heavy applicant demand for Family preference numbers has required the oversubscription of the DOMINICAN REPUBLIC chargeability for June, to hold issuances within the annual numerical limitation. The result has been the establishment of cut-off dates in the Family Second preference categories which are earlier than the Worldwide dates.

E. OBTAINING THE MONTHLY VISA BULLETIN

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

http://travel.state.gov

On May 27, 2010, the United States Senate rejected Amendments 4214, 4228, 4202 and 4177 which were all enforcement only Immigration provisions.

The issue of Comprehensive Immigration reform remains a most divisive topic for the legislators and the public at large.  The lack of federal action in addressing this issue has made states such as Arizona pass their own Immigration laws.  It remains to be seen as to whether an enforcement only strategy will work in future legislation.

July 20, 2010 is the deadline for filing for TPS for eligible Haitians.  TPS stands for Temporary Protected Status and Haiti was designated as country on TPS following the earthquake earlier in the year.  

What are the benefits of TPS?

If your application for TPS is approved, you will be allowed to remain in the United States for the designated period of time, until the United States government feels that conditions that prompted the designation of TPS have eased and it is safe to return to the country where there was an earthquake or other calamity or civil strife.

You will therefore not be ordered to leave the United States if you are in removal proceedings. 

You are also eligible for employment authorization during the designated period.

You can search older entries on this blog for a more detailed post on the registration procedures for TPS.

Does Immigration favor the most talented individuals?  Of course it does.   Those persons who are the very best in their field of endeavor will readily obtain a visa and permanent residency in the United States as persons of extraordinary ability.

This exclusive club usually includes persons who have been awarded a Nobel Prize and persons with national and International acclaim.  Such a person does not need to go through the lengthy process that most applicants do.  Processing of their paperwork also takes a considerably shorter time.

Close to the First Class Cabin are outstanding researchers and professors who may also reduce the typical waiting times if they meet some additional criteria of proving they are outstanding.

To receive more information on this Preference known as EB-1, call or send us an email.