This is part 2 of a 5 part document. This newsletter is never sent out unsolicited. UNSUBSCRIBE instructions can be found at http://www.visalaw.com/subscribe2.html. The complete newsletter will also be posted shortly at http://www.visalaw.com/bulletin/ if you do not receive each part. Please do not send requests to resend individual parts. _______________________________________ THIS NEWSLETTER PART CONTAINS THE FOLLOWING ARTICLES: 8. PRESIDENT CLINTON SETS IMMIGRATION GOALS IN STATE OF THE UNION ADDRESS 9. SURGE IN ILLEGAL IMMIGRATION OVER CHRISTMAS HOLIDAY 10. YEAR END TOTALS OF ILLEGAL IMMIGRATION TO U.S. 11. GOVERNMENT PROCESSING TIMES 12. STATE DEPARTMENT VISA BULLETIN 13. NEWS BYTES _______________________________________ 8. PRESIDENT CLINTON SETS IMMIGRATION GOALS IN STATE OF THE UNION ADDRESS President Clinton gave the annual State of the Union address to the Congress and the country on January 19, 1999. In a speech that focused on how we today we can ensure a safe and prosperous 21st century, the President addressed a few immigration issues. He recognized the important role that immigrants play in the American economy, and that the U.S. has a responsibility to make them welcome. The President also stated that immigrants have a responsibility to enter the mainstream of American life, by learning English and learning about our system of government. He further noted, however, that because of a broken down citizenship application process "there are now long waiting lines of immigrants that are trying to do just that." In order to improve immigration in the U.S., President Clinton proposed a budget increase for the INS. _______________________________________ 9. SURGE IN ILLEGAL IMMIGRATION OVER CHRISTMAS HOLIDAY Over a 72-hour period, from Friday, December 25 to Sunday, December 27, 82 undocumented aliens were picked up off the coast of south Florida. The U.S. Border Patrol has stated that it believes the reason for the increase was the refugees' miscalculation that the coastline would not be as well guarded over the holidays. According to Keith Roberts, Miami Border Patrol Assistant Chief, there have been similar surges in the number of people attempting to enter Florida each of the past to Christmas seasons. The Mexican border, on the other hand, saw a decline in illegal border crossings. Many undocumented Mexicans and Central Americans return home for the Christmas holiday, and in January there is a surge in the number of illegal immigrants coming to the U.S. _______________________________________ 10. YEAR END TOTALS OF ILLEGAL IMMIGRATION TO U.S. The Immigration and Naturalization Service has published its annual report showing statistics for immigration to the United States. The report shows a sharp decrease in the number of immigration applications processed, something which probably stems from the overall breakdown at the INS which has caused processing times for applications to come to a virtual crawl. The INS report can be accessed from the Documents Collection of our web site at http://www.visalaw.com/docs. _______________________________________ 11. GOVERNMENT PROCESSING TIMES Source: American Immigration Lawyers Association Note: We publish all processing times available to us and will not be able to answer individual requests for processing time. Also, please note that these statistics are reported by the INS and we do not vouch for their authenticity. The following is the Nebraska Service Center Processing Time Report for the period ending December 30, 1998: Receipt Notice Processing Processing Time for Initial in Days Application/Petition Type Receipt Date From To I-90 Replacement Card 04/01/98 269 299 I-90ASaw None Pending 30 60 I-102 Replacement of Arrival Document 02/11/98 319 349 I-129/S New Amended NI Worker 11/10/98 30 45 I-129/F Fiance(e) 11/05/98 55 85 I-130 Spouse US 10/30/98 60 90 I-130 Spouse 01/09/98 351 381 I-130 Other Relatives 07/14/98 166 196 I-131 Reentry Permit/ Ref Travel Doc 10/02/98 60 90 I-131 Advance Parole 11/30/98 30 60 I-140 Immigrant Worker 09/23/98 97 127 I-360 Pet for Widow/ Spec. Imm. 10/06/98 84 114 I-485 Employment 12/08/97 382 412 I-485 Asylee 07/09/98 150 200 I-485 Refugee 07/22/98 150 200 I-526 Investor 07/23/98 157 187 I-539 Change/ Extend NI Status 07/10/98 170 200 I-589 Asylum Not adjudicated 15 30 I-698 Legalization -Adj to LPR None pending 15 45 I-730 Refugee /Asylee Relative Pet. 07/10/98 170 200 I-751 Remove Conditions 09/29/98 91 121 I-765 Employment Authorization-A5 11/06/98 54 84 I-765 Employment Authorization-Other 09/10/98 110 140 I-817 Family Unity 12/31/97 360 390 I-824 Actions of Approved Petitions 07/02/98 178 208 I-829 Removal Conditions (Investors)04/27/98 243 273 N-400 Naturalization Not Adjudicated 540 600 N-600 Application for Citizenship Not Adjudicated 15 120 I-724 All Waivers 07/20/98 160 190Total Pending Applications (All types, pending first time adj.) 92,981 Vermont Service Center Processing Time ReportThe following is the Vermont Service Center Processing Time Report for the period ending December 31, 1998: Receipt Notice Processing Processing Time for Initial in Days Application/Petition Type Receipt Date From To Business & Non-Immigration Services I-102 Current 15 30 I-129/S New Amended NI Worker 12/03/98 15 30 I-140 Immigrant Worker 09/29/98 15 30 I-360 Pet for Widow/Spec Imm 09/10/98 60 180 I-526 Investor Current 60 180 I-539 Change/Extend NI Status 11/19/98 30 60 I-724 Waiver Current 15 30 I-829 Current 30 180 Family Services I-129(F) Fiance (e) Current 15 21 I-130 Immed Rel 12/21/98 60 90 I-130 Preference 06/01/98 200 240 I-751 Remove Conditions Current 30 45 I-817 Family Fairness Current 30 60 I-824 Actions of Approved Petitions Current 60 90 Resident Status Services I-90-A Saw Current 30 60 I-131 12/10/98 30 90 I-485 Adjustment 12/14/97 120 180 I-589 Current 1 5 I-698 Legalization- Adjustment to LPR Current 30 60 I-765 Employment Authorization-Asylum Based 12/17/98 30 60 I-765 Employment Authorization-Other 12/07/98 30 60 N-400 Naturalization- Initial Processing 12/28/98 120 180 N-600 Application for Citizenship 11/30/98 60 90 I-90 Replacement Card 12/12/97 30 90 California Service Center Processing Times as of January 21, 1999 PETITION TYPE DATA ENTRY DATE I-129 H-1 EOS 11/3/98 I-129 H-2/H3 1/14/99 I-129 R 8/26/98I-129 E 6/26/98 I-129 O/P/Q 1/14/99I-129L 12/30/98 I-129 H1B COS 11/10/98 I-765 Special Students 12/10/98 I-765, Non-Immigrant 12/3/98 I-131 1/12/99 I-360 FPL/Widows/Widowers 12/17/98 I-360 BPL/Religious 2/9/98 I-539 6/30/98 I-140 6/29/98 I-130 M/C (Imm. Relative*) 11/2/98 I-130 Spouse (IR) 10/19/98 I-817 Extensions 7/6/98 I-90 7/17/98 I-824 BPL 9/9/98 I-824 FPL 2/4/98 I-824 RPL 10/5/98 I-765 (c)(8)(a)(11) 11/24/98 I-751 11/9/98 I-765 (c)(9) 9/23/98 I-485, (JIT Ready) Health Care Workers Included 10/15/97 *Does not include preference aliens _______________________________________ 12. STATE DEPARTMENT VISA BULLETIN 1. This bulletin summarizes the availability of immigrant numbers during February. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Immigration and Naturalization Service reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by January 11th 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.) PREFERENCES All Charge- ability Areas CHINA- Except Those mainland Listed born INDIA MEXICO PHILIPPINES Family 1st 22SEP97 22SEP97 22SEP97 01AUG93 08MAY87 2A* 15JUL94 15JUL94 15JUL94 22JUN93 15JUL94 2B 01APR92 01APR92 01APR92 08JUL91 01APR92 3rd 22JUN95 22JUN95 22JUN95 08JUN90 01APR87 4th 22MAY88 22MAY88 01JUN86 01DEC87 01SEP78 *NOTE: For February, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 22JUN93. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 22JUN93 and earlier than 15JUL94. (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 CHINA- Except Those mainland Listed born INDIA MEXICO PHILIPPINES Employment-Based 1st C 15DEC97 C C C 2nd C 22JUL96 08AUG97 C C 3rd C 08NOV94 22JAN96 C C Other 08MAY92 08MAY92 08MAY92 08MAY92 08MAY92 Workers 4th C C C C C Certain C C C C C Religious Workers 5th C 01DEC97 C C C Targeted Employ- C 01DEC97 C C C ment Areas/ Regional Centers The Department of State has available a recorded message with visa availability information which can be heard at (202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month. B. DIVERSITY IMMIGRANT (DV) CATEGORY Section 203(c) of the Immigration and Nationality Act provides 50,000 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. DV visas are divided among six geographic regions. Not more than 3,500 visas (7% of the 50,000 visa limit) may be provided to immigrants from any one country. For February, immigrant numbers in the DV category are available to qualified DV-99 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: All DV Charge- ability Areas Except Those Listed Separately Region AFRICA AF 14,601 ASIA AS 4,105 EUROPE EU 11,710 EXCEPT: ALBANIA EU 6,622 NORTH AMERICA NA 24 (BAHAMAS) OCEANIA OC 442 SOUTH AMERICA, SA 1,702 CENTRAL AMERICA, and the CARIBBEAN 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-99 program ends as of September 30, 1999. DV visas may not be issued to DV-99 applicants after that date. Similarly, spouses and children accompanying or following to join DV-99 principals are only entitled to derivative DV status until September 30, 1999. DV visa availability through the very end of FY-1999 cannot be taken for granted. Numbers could be exhausted prior to September 30. Once all numbers provided by law for the DV-99 program have been used, no further issuances will be possible. _______________________________________ 13. NEWS BYTES An internal report of the INS, made public by Representative Henry Bonilla of San Antonio, instructed its 28,000 employees to expect financially tighter times in the immediate future. According to Russ Bergeron, chief spokesman for the INS, the budget crunch is expected to be of very short duration, and that no critical functions would suffer. The internal report, however, warns that the budget for the central region of the Border Patrol, which includes Texas, is to be sliced 31% from its 1998 level. This would mean 20% fewer agents stationed in the Rio Grande Valley and 15% fewer in the city of San Antonio. Rep. Bonilla has asked INS Commissioner Doris Meissner whether the report is true. According to the INS, the cash shortage is the result of difficulty implementing temporary funding until the start of 1999. The INS budget for fiscal year 1999 is $3.9 billion, up $198 million from 1998. A former INS employee has been convicted of embezzling over $100,000 over a period of three years. Joanna Picardi was found to have engaged in a scheme where she would steal checks submitted as filing fees, alter them, and use them to pay off her credit card bills. She was sentenced to three years of probation, with the first six months to be served in house arrest. The INS has announced an interim policy of dealing with I-485 applications for children who are about to age out of visa eligibility because they are turning 21 and, who have G-325s pending and fingerprints on file. In deciding whether to expedite adjudication of these petitions, INS examiners are being directed to consider the timeliness of the filing and the age of the child. When the child's petition is adjudicated, the petitions of all the child's family members also pending should be adjudicated. The purpose of this interim policy is to ensure that these children will not suffer due to the current G-325 backlog.The American Immigration Lawyers Association is reporting that the INS and the CIA have made progress in handling backlogged fingerprints and that the hold on I-485 cases has been pushed forward to apply to cases filed after May 1, 1998. AILA made the very sensible suggestion to the INS that it consider extending advance parole approvals to 18 months to cut down extension applications. The INS is considering the request. The Department of Labor will soon have an automated LCA processing system in place that will enable applicants to get stamped forms back in mere seconds. If all goes as planned, the eastern half of the country by the end of this month and the West Coast by next month. Watch for more news on this as it becomes available. The American Immigration Lawyers Association is reporting that INS personnel at the four INS service centers have been improperly rejecting H-1B amendment cases NOT subject to the $500 supplemental fee. The INS indicated that it would bring the matter to the attention of the independent contractor workers who work the service center mailrooms. The INS is advising attorneys to place the words "Amended Petition Not Subject to the $500 Training Fee" in bold type or marker on the I-129 and on the new I-129W form (which must be submitted even the form does not cover amended petitions). The INS claims it is nearly finished with its Y2K testing at the four regional service centers and at INS Headquarters. New software designed to resolve Y2K problems have actually had their own new bugs and the INS now has to contend with them. But the INS claims that it will not adversely impact service center processing.
SISKIND'S IMMIGRATION BULLETIN - 01/99 (2/5) - Articles 8-13
Gregory Siskind, Attorney at Law Fri, 29 Jan 1999 20:43:11 -0500
