This is part 4 of a 7 part document. This newsletter is never sent out unsolicited and is only sent to people who have subscribed. 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. 15. GOVERNMENT PROCESSING TIMES (cont.) Texas Service Center Processing Times The following is the Texas Service Center Processing Times Report for the period ending January 31, 1999: No. of cases Days to Process. in the Work Initial Receipt Time/Days Distribution Application/Petition Process. Date From To Unit I-90 Replacement Card 409 12/17/97 575 450 62,344 I-90A Saw 0 Current 120 180 0 I-102 Replacement of Arrival Doc 0 11/27/98 60 90 0 I-129/S New/Amended NI Worker 2 01/29/89 30 60 216 I-129/L New 0 Current 30 40 0 I-129 Other 0 Current 150 250 0 I-129(F) Fiance(e) 6 01/25/99 30 40 0 I-130 Spouse 271 04/29/98 180 270 28,321 I-130 Other Relative 462 11/20/97 425 475 37,957 I-131 Advance Parole na Current 10 20 0 I-140 Immigrant Worker (1st & 2nd) 304 03/16/98 275 350 5,130 I-140 Immigrant Worker (3rd) 228 05/15/98 200 275 2,581 I-360 Petition for Widow/Spec. Imm. 381 01/19/98 240 400 1,234 I-485 Adjustment 455 11/01/97 425 500 58,488 I-526 Investor 321 03/09/98 300 375 71 I-539 Chg/Ext NI Stat.- Employment-Based 00 Current 90 120 60 I-539 Cg/Ext NI Stat.- Other 155 08/26/98 150 200 15,729 I-589 Asylum n/a Current 30 60 00 I-698 Legal-Adj to LPR 469 11/15/97 450 525 458 I-724 Waivers n/a Current 60 90 00 I-730 Ref/Asylee Relative Pet. na filed at NSC I-751 Remove Conditions 22 01/08/99 60 90 138 I-765 Employment Auth.- Asylum Based n/a Current 15 30 00 I-765 Employment Auth.- Other 00 Current 60 90 00 I-817 Family Unity 237 06/04/98 180 270 1,436 I-824 Actions on Approved Pet. 18 01/13/99 120 180 3 I-829 Remove Conditions- Investor 235 06/03/98 200 250 99 N-400 Naturalization n/a Preprocess 550 730 Vermont Service Center Processing Time Report The following is the Vermont Service Center Processing Time Report for the period ending December 31, 1998: 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) Finance (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 16. STATE DEPARTMENT VISA BULLETIN VISA BULLETIN Number 3 Volume VIII Washington, D.C. IMMIGRANT NUMBERS FOR MARCH 1999 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; 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 February 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. 1. 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, plusany 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 15OCT97 15OCT97 15OCT97 01AUG93 08JUN87 2A* 22AUG94 22AUG94 22AUG94 22JUL93 22AUG94 2B 22APR92 22APR92 22APR92 15JUL91 22APR92 3rd 08JUL95 08JUL95 08JUL95 22JUL90 22APR87 4th 08JUN88 08JUN88 01JUN86 08JAN88 08OCT78 *NOTE: For March, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 22JUL93. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 22JUL93 and earlier than 22AUG94. (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 22JAN98 C C C 2nd C 08SEP96 08SEP97 C C 3rd C 01JAN95 08FEB96 C C Other 01JUL92 01JUL92 01JUL92 01JUL92 01JUL92 Workers 4th C C C C C Certain C C C C C Religious Workers 5th C 15JAN98 C C C Targeted Employ- C 15JAN98 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 March, 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 Region Listed Separately AFRICA AF 17,048 ASIA AS 4,661 EUROPE EU 14,490 EXCEPT: ALBANIA EU 8,876 NORTH AMERICA NA 24 (BAHAMAS) OCEANIA OC 543 SOUTH AMERICA, SA 1,850 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. C. VISA SERVICES AT ISTANBUL, TURKEY The Consulate General at Istanbul, Turkey processes only NONIMMIGRANT visas other than Fiance (K) visas. IMMIGRANT and FIANCE (K) visa services for residents of Turkey are provided by the American Embassy at Ankara, Turkey. This information is noted because many inquiries being received at Istanbul concern categories which that office does not handle.
SISKIND'S IMMIGRATION BULLETIN - 02/99 4/7) - Arts. 15 (cont.)-16
Gregory Siskind, Attorney at Law Fri, 26 Feb 1999 20:29:10 -0500
