D. VISA AVAILABILITY DURING THE COMING MONTHS
Family-sponsored: The extremely high level of demand during the first few months of FY-2011 resulted in the retrogression of most worldwide cut-off dates in January or February. Most of these cut-offs have begun to advance slowly, although demand is still somewhat heavy in the Family First preference which may require further retrogression of that date. At this time it is not possible to predict the rate of forward movement, but some movement is anticipated in most categories for the remainder of the fiscal year.
Showing posts with label Updates. Show all posts
Showing posts with label Updates. Show all posts
Wednesday, April 13, 2011
Friday, November 19, 2010
December 2010 Philippine Retrogression explained
The Department of State addresses the
RETROGRESSION OF PHILIPPINES FAMILY CUT-OFF DATES in §E:
"A dramatic increase in the level of applicant demand with very early priority dates has required the retrogression of the Philippines Family 2B, Third, and Fourth preference cut-off dates."
DOS also commented on VISA AVAILABILITY IN THE COMING MONTHS in §F:
"Family-sponsored: From early 2009 through September 2010, the level of demand for numbers in the Family-sponsored preference categories was very low. As a result, the cut-off dates for most Family preference categories were advanced at a very rapid pace, in an attempt to generate demand so that the annual numerical limits could be fully utilized. As readers were advised in previous Visa Bulletins providing projections of visa availability (e.g., April 2009, January 2010, May 2010, July 2010), such cut-off date advances could not continue indefinitely, and at some point they could slow, stop, or in some cases retrogress.
"The level of demand which has been experienced during FY-2011 has resulted in most of the worldwide cut-off dates being held for the month of December. At this time it is not possible to predict when or if these dates may advance further, and there is a distinct possibility that retrogressions could occur as early as January if demand within the established cut-off dates does not appear to be subsiding. "
RETROGRESSION OF PHILIPPINES FAMILY CUT-OFF DATES in §E:
"A dramatic increase in the level of applicant demand with very early priority dates has required the retrogression of the Philippines Family 2B, Third, and Fourth preference cut-off dates."
DOS also commented on VISA AVAILABILITY IN THE COMING MONTHS in §F:
"Family-sponsored: From early 2009 through September 2010, the level of demand for numbers in the Family-sponsored preference categories was very low. As a result, the cut-off dates for most Family preference categories were advanced at a very rapid pace, in an attempt to generate demand so that the annual numerical limits could be fully utilized. As readers were advised in previous Visa Bulletins providing projections of visa availability (e.g., April 2009, January 2010, May 2010, July 2010), such cut-off date advances could not continue indefinitely, and at some point they could slow, stop, or in some cases retrogress.
"The level of demand which has been experienced during FY-2011 has resulted in most of the worldwide cut-off dates being held for the month of December. At this time it is not possible to predict when or if these dates may advance further, and there is a distinct possibility that retrogressions could occur as early as January if demand within the established cut-off dates does not appear to be subsiding. "
Thursday, September 30, 2010
2011 US visa prediction
Yesterday our office attended a American Immigration Lawyers Association (AILA) discussion session here in Washington, DC with Charles Oppenheim. Mr. Oppenheim is the Chief of the Visa Control and Reporting Division at the U.S. Department of State. For many, he is simply known as the person responsible for the monthly and annual visa number allocations for family- and employment-based green cards. He is also the person who prepares and publishes the monthly visa bulletin which is highly anticipated every month.
We are asked on a daily basis by our clients to provide visa bulletin predictions and when a particular priority date may become current. As a result, on behalf of our clients, we appreciate the opportunity Mr. Oppenheim has afforded us to get some advance sense of the movement of the priority dates.
General Visa Number Trends
Mr. Oppenheim noted that in the employment-based context, each green card application case is larger than previously expected (because many primary beneficiaries have married and have children). As a result, and in recognition of the fact that many EB-3 India and China candidates are now eligible for and applying under the EB-2 category, Mr. Oppenheim noted that the employment-based visa numbers are expected to remain oversubscribed and to move slowly forward.
With respect to family-based cases, Mr. Oppenheim noted that the demand, especially in the FB2 category has been much lower than anticipated and as a result the FB2 category has noted significant forward movement over the past few months and that this aggressive forward movement is expected to continue. Mr. Oppenheim that the FB2A forward movement is unprecedented and provides a rare opportunity to file family-based green card applications
Visa Bulletin Predictions – Employment-Based
Mr. Oppenheim was able to provide some predictions and expectations for movement of visa numbers over the next few months. Please note that these are short-term predictions and depending on the number of applications as a result of the next few months’ visa numbers, the rate of cutoff date movement may change.
EB-3 Rest of World (ROW). This category is expected to move very slightly forward or to remain unchanged in the November 2010 visa bulletin. The reason is the high number of applications waiting for a visa number in this category.
EB-3 China and EB-2 China. These two categories are expected to move slowly over the next few months – by one or two weeks at a time for the next few visa bulletins.
EB-3 India. Similarly, this category is expected to move very slowly over the next few visa bulletins — perhaps by one or two weeks at a time.
EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.
Visa Bulletin Predictions – Family-Based
Mr. Oppenheim was also able to provide some predictions and expectations for movement of the family-based visa numbers over the next few months. Unlike the employment-based visa numbers, which are expected to advance very slowly over the next few months, the family-based visa numbers, especially in the 2A category are expected to continue to advance consistently and relatively quickly.
FB 2A. According to Mr. Oppenheim, this family-based category has shown a very low demand over the past months; accordingly, Mr. Oppenheim expects that the 2A category (spouses and children of permanent residents) will continue to move forward aggressively and by the February 2011 visa bulletin, this category may be current or close to being current.
FB 2B. Similarly, movement in the 2B category has been faster than anticipated due to low demand; accordingly faster forward movement in this category is also expected.
Conclusion
Mr. Oppenheim’s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months. Although our employment-based clients may be disappointed by the slow forward movement which is expected, our family-based clients should consider preparing and filing family-based applications, especially in the FB2A and FB2B categories which are expected to note significant forward movement in the near future.
source: http://www.cilawgroup.com/news/2010/09/23/visa-bulletin-predictions-and-updates-from-charles-oppenheim/
We are asked on a daily basis by our clients to provide visa bulletin predictions and when a particular priority date may become current. As a result, on behalf of our clients, we appreciate the opportunity Mr. Oppenheim has afforded us to get some advance sense of the movement of the priority dates.
General Visa Number Trends
Mr. Oppenheim noted that in the employment-based context, each green card application case is larger than previously expected (because many primary beneficiaries have married and have children). As a result, and in recognition of the fact that many EB-3 India and China candidates are now eligible for and applying under the EB-2 category, Mr. Oppenheim noted that the employment-based visa numbers are expected to remain oversubscribed and to move slowly forward.
With respect to family-based cases, Mr. Oppenheim noted that the demand, especially in the FB2 category has been much lower than anticipated and as a result the FB2 category has noted significant forward movement over the past few months and that this aggressive forward movement is expected to continue. Mr. Oppenheim that the FB2A forward movement is unprecedented and provides a rare opportunity to file family-based green card applications
Visa Bulletin Predictions – Employment-Based
Mr. Oppenheim was able to provide some predictions and expectations for movement of visa numbers over the next few months. Please note that these are short-term predictions and depending on the number of applications as a result of the next few months’ visa numbers, the rate of cutoff date movement may change.
EB-3 Rest of World (ROW). This category is expected to move very slightly forward or to remain unchanged in the November 2010 visa bulletin. The reason is the high number of applications waiting for a visa number in this category.
EB-3 China and EB-2 China. These two categories are expected to move slowly over the next few months – by one or two weeks at a time for the next few visa bulletins.
EB-3 India. Similarly, this category is expected to move very slowly over the next few visa bulletins — perhaps by one or two weeks at a time.
EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are “porting” their priority dates into the EB-2 India category and are thus taking visa numbers.
Visa Bulletin Predictions – Family-Based
Mr. Oppenheim was also able to provide some predictions and expectations for movement of the family-based visa numbers over the next few months. Unlike the employment-based visa numbers, which are expected to advance very slowly over the next few months, the family-based visa numbers, especially in the 2A category are expected to continue to advance consistently and relatively quickly.
FB 2A. According to Mr. Oppenheim, this family-based category has shown a very low demand over the past months; accordingly, Mr. Oppenheim expects that the 2A category (spouses and children of permanent residents) will continue to move forward aggressively and by the February 2011 visa bulletin, this category may be current or close to being current.
FB 2B. Similarly, movement in the 2B category has been faster than anticipated due to low demand; accordingly faster forward movement in this category is also expected.
Conclusion
Mr. Oppenheim’s comments are extremely helpful to get a sense of the visa cutoff dates over the next few months. Although our employment-based clients may be disappointed by the slow forward movement which is expected, our family-based clients should consider preparing and filing family-based applications, especially in the FB2A and FB2B categories which are expected to note significant forward movement in the near future.
source: http://www.cilawgroup.com/news/2010/09/23/visa-bulletin-predictions-and-updates-from-charles-oppenheim/
Thursday, September 2, 2010
Prospects for Immigration Reform Getting Brighter
Prospects for Immigration Reform Getting Brighter
By REUBEN S. SEGURITAN
President Barack Obama breathed new life into the much needed comprehensive immigration reforms last week by reiterating his intention to tackle the issue as a priority this year.
After several failed attempts to pass legislations to reform the outdated immigration policies and fix the flawed immigration bureaucracy, this renewed commitment by President Obama stands a bigger chance of coming into fruition with the united support of several influential interest groups, particularly the labor unions.
This week, the two most powerful labor federations, the AFL-CIO and the Change to Win, agreed for the first time to join forces in pushing for the legalization of undocumented aliens and their families. Other advocacy groups have also come out openly for reforms.
The U.S. Chamber of Commerce has expressed continued support for a guest worker program. A coalition of advocacy groups has committed $18 million to campaign around the country and rallies are expected in several cities in the coming weeks.
There is ample support for comprehensive reform in the current Congress. Senate Majority Leader Harry Reid and House Speaker Nancy Pelosi have long championed immigration reforms.
Representative Luis Gutierrez of Illinois has been touring the country since December to generate enthusiasm on the issue. Of course, as in the past, there are opponents of immigration reforms, particularly in the face of major unemployment and recession in the U.S.
However, studies and data released by economic and labor experts as provided by the Immigration Policy Center showed that contrary to the fear of its probable dire effects, legalizing undocumented workers already in the U.S. would actually redound to the benefit of all American workers and help revitalize the U.S. economy.
First of all, legalization of undocumented immigrant workers will increase wages of all U.S. workers by “bringing people out of the shadows” and preventing employers from exploiting the illegal workers by paying them lower than prevailing wages, thus, depressing the wage rate for all U.S. workers. It would allow workers to be treated fairly and provide a level playing field for all U.S. workers to compete for jobs in the labor market.
Also, integrating undocumented immigrants into the U.S. legal system will motivate them to invest in themselves and in their communities, and this will bring in more revenues into the economy.
The Obama proposal will remove incentives to enter the country illegally by cracking down on employers who hire undocumented immigrants. It will keep families together, meet the demand for jobs that employers cannot fill, and will enforce border security.
Mr. Obama’s thrust is to frame a “policy reform that controls immigration and make it an orderly system” according to Cecilia Munoz, a deputy assistant to the president and director of intergovernmental affairs in the White House.
The studies showed that the new policy reform would actually reduce the high bureaucratic cost of “enforcement-only” approach to immigration and would pay for itself by increasing the wages, the buying power and the tax contributions of all working people.
Addressing this difficult issue will not mean that other priority issues will take a backseat such as healthcare, education, security and the economy. It is part of a comprehensive approach to “support the country’s economic recovery and allow honest, hardworking people to become lawful, contributing members of our society”, according to Angela Kelley, Director of the Immigration Policy Center in Washington D.C.
Source:http://immigrationnewsarticles.com/?p=14
By REUBEN S. SEGURITAN
President Barack Obama breathed new life into the much needed comprehensive immigration reforms last week by reiterating his intention to tackle the issue as a priority this year.
After several failed attempts to pass legislations to reform the outdated immigration policies and fix the flawed immigration bureaucracy, this renewed commitment by President Obama stands a bigger chance of coming into fruition with the united support of several influential interest groups, particularly the labor unions.
This week, the two most powerful labor federations, the AFL-CIO and the Change to Win, agreed for the first time to join forces in pushing for the legalization of undocumented aliens and their families. Other advocacy groups have also come out openly for reforms.
The U.S. Chamber of Commerce has expressed continued support for a guest worker program. A coalition of advocacy groups has committed $18 million to campaign around the country and rallies are expected in several cities in the coming weeks.
There is ample support for comprehensive reform in the current Congress. Senate Majority Leader Harry Reid and House Speaker Nancy Pelosi have long championed immigration reforms.
Representative Luis Gutierrez of Illinois has been touring the country since December to generate enthusiasm on the issue. Of course, as in the past, there are opponents of immigration reforms, particularly in the face of major unemployment and recession in the U.S.
However, studies and data released by economic and labor experts as provided by the Immigration Policy Center showed that contrary to the fear of its probable dire effects, legalizing undocumented workers already in the U.S. would actually redound to the benefit of all American workers and help revitalize the U.S. economy.
First of all, legalization of undocumented immigrant workers will increase wages of all U.S. workers by “bringing people out of the shadows” and preventing employers from exploiting the illegal workers by paying them lower than prevailing wages, thus, depressing the wage rate for all U.S. workers. It would allow workers to be treated fairly and provide a level playing field for all U.S. workers to compete for jobs in the labor market.
Also, integrating undocumented immigrants into the U.S. legal system will motivate them to invest in themselves and in their communities, and this will bring in more revenues into the economy.
The Obama proposal will remove incentives to enter the country illegally by cracking down on employers who hire undocumented immigrants. It will keep families together, meet the demand for jobs that employers cannot fill, and will enforce border security.
Mr. Obama’s thrust is to frame a “policy reform that controls immigration and make it an orderly system” according to Cecilia Munoz, a deputy assistant to the president and director of intergovernmental affairs in the White House.
The studies showed that the new policy reform would actually reduce the high bureaucratic cost of “enforcement-only” approach to immigration and would pay for itself by increasing the wages, the buying power and the tax contributions of all working people.
Addressing this difficult issue will not mean that other priority issues will take a backseat such as healthcare, education, security and the economy. It is part of a comprehensive approach to “support the country’s economic recovery and allow honest, hardworking people to become lawful, contributing members of our society”, according to Angela Kelley, Director of the Immigration Policy Center in Washington D.C.
Source:http://immigrationnewsarticles.com/?p=14
Thursday, August 19, 2010
CSPA fact sheet
Fact Sheet May 6, 2008
USCIS ISSUES REVISED GUIDANCE ON THE APPLICABILITY OF THE CHILD STATUS PROTECTION ACT (CSPA)
The Child Status Protection Act (CSPA) amended the Immigration Nationality Act by changing how an alien is determined to be a child for purposes of immigrant classification. The Act permits an applicant for certain benefits to retain classification as a “child,” even if he or she has reached the age of 21.
Since its enactment on Aug. 6, 2002, USCIS provided several field guidance memoranda regarding the adjudication of immigration benefits in accordance with the CSPA. Today, USCIS has revised its guidance that modifies a prior interpretation of certain provisions of the CSPA.
Questions & Answers
Q: What is the Child Status Protection Act (CSPA)? A: CSPA changes who can be considered to be a "child" for the purpose of the issuance of visas by the Department of State and for purposes of adjustment of status of aliens by USCIS. The Act provides that if you are a U.S. citizen and you file a Petition for Alien Relative (Form I-130) on behalf of your child before he or she turns 21, your child will continue to be considered a child for immigration purposes even if USCIS does not act on the petition before your child turns 21. Children of lawful permanent residents also benefit if a Form I-130 is filed on behalf of their children (see below). Q: Who benefits under the new CSPA guidance? A: The new guidance allows aliens who had an approved immigrant visa petition prior to the enactment of the CSPA, but had not yet applied for permanent residence (either an application for adjustment of status or an immigrant visa) on the date of enactment to benefit from the CSPA. Under prior guidance, the CSPA did not apply to such applicants. The new guidance includes many aliens who, subsequent to the enactment of the CSPA, never filed an application for permanent residence and aliens who filed an application for permanent residence but such application was denied solely based on the applicant’s age.
Q: Are there other considerations impacting eligibility requirements?
A: Yes.
•The new guidance does not include aliens who, prior to Aug. 6, 2002 (date CSPA was enacted), had a final decision on an application for permanent residence based on the immigrant visa petition upon which the applicant claimed to be a child.
•If an alien filed an application for permanent residence after the enactment of the CSPA, and the application was denied, that denial must be ‘solely based’ on a finding that the applicant was not a child because the CSPA did not apply. An I-485 can be denied for various reasons; if your I-485 denial was based for a reason other than for CSPA, then this revised CSPA guidance does not apply to you.
Finally, if you had an approved immigrant visa petition before August 6, 2002, and did not file an I-485 after the enactment of the CSPA, you could still benefit if (1) you are filing as an immediate relative or (2) your
visa became available on or after Aug. 7, 2001, you did not apply for permanent residence within one year of petition approval and your visa becoming available.
Q: How do I know if I was denied solely based on CSPA? A: The written denial decision you received from USCIS will state the basis for the denial.
Q: Will it matter whether the child reaches the age of 21 before or after the enactment date of the CSPA to benefit from this revised policy? A: No, provided the applicant did not have a final decision prior to Aug. 6, 2002 on an application for permanent residence based on an immigrant visa petition upon which the applicant claimed to be a child.
Q: Please explain the differences of benefit for an immigrant petition filed by a U.S. citizen and a Lawful Permanent Resident.
A: Immigrant Petition as a child filed by a U.S. citizen:
•If the child is under the age of 21 on the date of the filed immigrant petition, he/she will not ‘age out’. He or she will be eligible for permanent residence as an immediate relative, provided that no final decision was reached prior to Aug. 6, 2002 on an application for permanent residence based on the immigrant visa petition upon which the applicant claimed to be a child.
Immigrant Petition as a child filed by a Lawful Permanent Resident:
•If the immigrant petition was approved and the priority date becomes current before the applicant’s ‘CSPA age’ reaches 21, the child will not ‘age out’, provided that no final decision was reached prior to Aug. 6, 2002 on an application for permanent residence based on the immigrant visa petition upon which the applicant claimed to be a child. In order for CSPA coverage to continue, the child must apply for permanent residence within a one-year of the date the priority date became current.
Q: How do I calculate my ‘CSPA age’? A: For preference category and derivative petitions, your ‘CSPA age’ is determined on the date that your visa, or in the case of derivative beneficiaries, the principal alien’s visa, becomes available. Your CSPA age is the result of subtracting the number of days that your immigrant visa petition was pending from your actual age on the date that your visa becomes available. If your ‘CSPA age’ is under 21 after that calculation, you will remain a child for purposes of the permanent residence application.
Q: If my child is a derivative of a petition filed on my behalf, can my child benefit under CSPA? A: Yes, so long as the child also meets CSPA eligibility requirements previously discussed and applies for permanent residence within one year of the priority date being current.
Q: If I was previously denied because of ‘aging out’, can I file a motion to reopen or have my I-485 reconsidered? If so, is there a filing fee incurred?
A: Under the new policy, USCIS will accept, without a filing fee, a motion to reopen or reconsider a denied I-485 application if the following criteria are met:
•A visa petition was approved prior to Aug. 6, 2002 and the I-485 was filed after Aug. 6, 2002;
•The applicant would have been considered under the age of 21 under applicable CSPA rules;
•The applicant applied for permanent residence within one year of visa availability; and
•The applicant received a denial solely because he or she aged out.
Q: Is there a deadline for filing a motion to reconsider my I-485 if the original was denied solely for ‘aging out’? Where should I file the motion? A: No deadline. Applicants should apply at their local USCIS field office.
Page 2
Q: I did not have an application for permanent residence pending on Aug. 6, 2002 and did not subsequently apply for permanent residence? Am I still eligible for CSPA coverage? A: Yes, provided the applicant meets the following criteria:
•The applicant is applying for permanent residence as an immediate relative; or
•The applicant’s visa became available on or after Aug. 7, 2001; and
The applicant did not apply for permanent residence within one year of the petition approval and visa availability, but would have qualified for CSPA coverage.
source: http://www.uscis.gov/files/article/CSPA_factsheet_050608.pdf
USCIS ISSUES REVISED GUIDANCE ON THE APPLICABILITY OF THE CHILD STATUS PROTECTION ACT (CSPA)
The Child Status Protection Act (CSPA) amended the Immigration Nationality Act by changing how an alien is determined to be a child for purposes of immigrant classification. The Act permits an applicant for certain benefits to retain classification as a “child,” even if he or she has reached the age of 21.
Since its enactment on Aug. 6, 2002, USCIS provided several field guidance memoranda regarding the adjudication of immigration benefits in accordance with the CSPA. Today, USCIS has revised its guidance that modifies a prior interpretation of certain provisions of the CSPA.
Questions & Answers
Q: What is the Child Status Protection Act (CSPA)? A: CSPA changes who can be considered to be a "child" for the purpose of the issuance of visas by the Department of State and for purposes of adjustment of status of aliens by USCIS. The Act provides that if you are a U.S. citizen and you file a Petition for Alien Relative (Form I-130) on behalf of your child before he or she turns 21, your child will continue to be considered a child for immigration purposes even if USCIS does not act on the petition before your child turns 21. Children of lawful permanent residents also benefit if a Form I-130 is filed on behalf of their children (see below). Q: Who benefits under the new CSPA guidance? A: The new guidance allows aliens who had an approved immigrant visa petition prior to the enactment of the CSPA, but had not yet applied for permanent residence (either an application for adjustment of status or an immigrant visa) on the date of enactment to benefit from the CSPA. Under prior guidance, the CSPA did not apply to such applicants. The new guidance includes many aliens who, subsequent to the enactment of the CSPA, never filed an application for permanent residence and aliens who filed an application for permanent residence but such application was denied solely based on the applicant’s age.
Q: Are there other considerations impacting eligibility requirements?
A: Yes.
•The new guidance does not include aliens who, prior to Aug. 6, 2002 (date CSPA was enacted), had a final decision on an application for permanent residence based on the immigrant visa petition upon which the applicant claimed to be a child.
•If an alien filed an application for permanent residence after the enactment of the CSPA, and the application was denied, that denial must be ‘solely based’ on a finding that the applicant was not a child because the CSPA did not apply. An I-485 can be denied for various reasons; if your I-485 denial was based for a reason other than for CSPA, then this revised CSPA guidance does not apply to you.
Finally, if you had an approved immigrant visa petition before August 6, 2002, and did not file an I-485 after the enactment of the CSPA, you could still benefit if (1) you are filing as an immediate relative or (2) your
visa became available on or after Aug. 7, 2001, you did not apply for permanent residence within one year of petition approval and your visa becoming available.
Q: How do I know if I was denied solely based on CSPA? A: The written denial decision you received from USCIS will state the basis for the denial.
Q: Will it matter whether the child reaches the age of 21 before or after the enactment date of the CSPA to benefit from this revised policy? A: No, provided the applicant did not have a final decision prior to Aug. 6, 2002 on an application for permanent residence based on an immigrant visa petition upon which the applicant claimed to be a child.
Q: Please explain the differences of benefit for an immigrant petition filed by a U.S. citizen and a Lawful Permanent Resident.
A: Immigrant Petition as a child filed by a U.S. citizen:
•If the child is under the age of 21 on the date of the filed immigrant petition, he/she will not ‘age out’. He or she will be eligible for permanent residence as an immediate relative, provided that no final decision was reached prior to Aug. 6, 2002 on an application for permanent residence based on the immigrant visa petition upon which the applicant claimed to be a child.
Immigrant Petition as a child filed by a Lawful Permanent Resident:
•If the immigrant petition was approved and the priority date becomes current before the applicant’s ‘CSPA age’ reaches 21, the child will not ‘age out’, provided that no final decision was reached prior to Aug. 6, 2002 on an application for permanent residence based on the immigrant visa petition upon which the applicant claimed to be a child. In order for CSPA coverage to continue, the child must apply for permanent residence within a one-year of the date the priority date became current.
Q: How do I calculate my ‘CSPA age’? A: For preference category and derivative petitions, your ‘CSPA age’ is determined on the date that your visa, or in the case of derivative beneficiaries, the principal alien’s visa, becomes available. Your CSPA age is the result of subtracting the number of days that your immigrant visa petition was pending from your actual age on the date that your visa becomes available. If your ‘CSPA age’ is under 21 after that calculation, you will remain a child for purposes of the permanent residence application.
Q: If my child is a derivative of a petition filed on my behalf, can my child benefit under CSPA? A: Yes, so long as the child also meets CSPA eligibility requirements previously discussed and applies for permanent residence within one year of the priority date being current.
Q: If I was previously denied because of ‘aging out’, can I file a motion to reopen or have my I-485 reconsidered? If so, is there a filing fee incurred?
A: Under the new policy, USCIS will accept, without a filing fee, a motion to reopen or reconsider a denied I-485 application if the following criteria are met:
•A visa petition was approved prior to Aug. 6, 2002 and the I-485 was filed after Aug. 6, 2002;
•The applicant would have been considered under the age of 21 under applicable CSPA rules;
•The applicant applied for permanent residence within one year of visa availability; and
•The applicant received a denial solely because he or she aged out.
Q: Is there a deadline for filing a motion to reconsider my I-485 if the original was denied solely for ‘aging out’? Where should I file the motion? A: No deadline. Applicants should apply at their local USCIS field office.
Page 2
Q: I did not have an application for permanent residence pending on Aug. 6, 2002 and did not subsequently apply for permanent residence? Am I still eligible for CSPA coverage? A: Yes, provided the applicant meets the following criteria:
•The applicant is applying for permanent residence as an immediate relative; or
•The applicant’s visa became available on or after Aug. 7, 2001; and
The applicant did not apply for permanent residence within one year of the petition approval and visa availability, but would have qualified for CSPA coverage.
source: http://www.uscis.gov/files/article/CSPA_factsheet_050608.pdf
Unused Family-Based Visas
During FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2A preference category). In FY 2009, approximately 10,000 family-based visas were unused and, by statute, were reallocated for use by employment-based immigrants in FY 2010.
Given FY 2009 underutilization of family-based visas, the CIS Ombudsman has worked alongside United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) to monitor family-based visa usage in FY 2010. To enable more family-based visa applicants to become eligible for final processing, the Visa Bulletin cut-off dates have been accelerating significantly. Despite the fact that more family members are becoming eligible, demand for family-based visas remains weak. While efforts are underway to facilitate maximum utilization, a significant number of family-based visas may again go unused in FY 2010.
Rapid Visa Bulletin Movement
To illustrate this rapid movement it is helpful to compare select June 2009 and June 2010 cut-off dates from the DOS Visa Bulletins.
To be added to the DOS Visa Bulletin e-mail subscription list send an e-mail to listserv@calist.state.gov and include in your message:
Subscribe to Visa-Bulletin, [insert First and Last Name].
Cut-Off Dates and Processing Differences for Applicants Overseas and Applicants Residing in the U.S.
Advance Notice is Provided to Overseas Applicants
In both family-based and employment-based immigrant visa cases involving beneficiaries who reside overseas, DOS sends customers advance notifications when further processing can begin based on the movement of Visa Bulletin cut-off dates. This notice is sent to the address on file with DOS at the time.
Advance Notice is Not Provided to Applicants Residing in the United States
Unlike DOS, USCIS does not send advance notification prompting further action by the applicant. Rather, individuals must monitor the Visa Bulletin to determine when they may file Form I-485 (Application to Register Permanent Residence or Adjust Status) for a green card. Generally, Form I-485 may be filed during the month in which the Visa Bulletin is current for the related visa category and country of chargeability. Where a priority date is listed, the applicants priority date must be earlier than the cut-off date listed.
Pending I-130s and Changes of Address Alert
USCIS has been utilizing excess capacity and resources to review and adjudicate hundreds of thousands of pending Forms I-130 (Petition for Alien Relative). By December 31, 2010, USCIS expects to adjudicate 750,000 such petitions.
In some cases, USCIS may generate Requests for Evidence (RFEs) for these petitions. Petitioners who have failed to notify USCIS of mailing address changes risk not receiving such RFEs, which can lead to the unintentional abandonment of their petitions. Such abandonments can lead to serious consequences specifically, the loss of priority dates that may have been established many years earlier.
The Ombudsman encourages all petitioners to promptly notify USCIS of mailing address changes by completing specific change of address requirements.
Note: Non-U.S. citizens with a pending application or petition before USCIS must also file a Form AR-11 (Change of Address) before they may change their address online.
source: http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#3
Given FY 2009 underutilization of family-based visas, the CIS Ombudsman has worked alongside United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) to monitor family-based visa usage in FY 2010. To enable more family-based visa applicants to become eligible for final processing, the Visa Bulletin cut-off dates have been accelerating significantly. Despite the fact that more family members are becoming eligible, demand for family-based visas remains weak. While efforts are underway to facilitate maximum utilization, a significant number of family-based visas may again go unused in FY 2010.
Rapid Visa Bulletin Movement
To illustrate this rapid movement it is helpful to compare select June 2009 and June 2010 cut-off dates from the DOS Visa Bulletins.
To be added to the DOS Visa Bulletin e-mail subscription list send an e-mail to listserv@calist.state.gov and include in your message:
Subscribe to Visa-Bulletin, [insert First and Last Name].
Cut-Off Dates and Processing Differences for Applicants Overseas and Applicants Residing in the U.S.
Advance Notice is Provided to Overseas Applicants
In both family-based and employment-based immigrant visa cases involving beneficiaries who reside overseas, DOS sends customers advance notifications when further processing can begin based on the movement of Visa Bulletin cut-off dates. This notice is sent to the address on file with DOS at the time.
Advance Notice is Not Provided to Applicants Residing in the United States
Unlike DOS, USCIS does not send advance notification prompting further action by the applicant. Rather, individuals must monitor the Visa Bulletin to determine when they may file Form I-485 (Application to Register Permanent Residence or Adjust Status) for a green card. Generally, Form I-485 may be filed during the month in which the Visa Bulletin is current for the related visa category and country of chargeability. Where a priority date is listed, the applicants priority date must be earlier than the cut-off date listed.
Pending I-130s and Changes of Address Alert
USCIS has been utilizing excess capacity and resources to review and adjudicate hundreds of thousands of pending Forms I-130 (Petition for Alien Relative). By December 31, 2010, USCIS expects to adjudicate 750,000 such petitions.
In some cases, USCIS may generate Requests for Evidence (RFEs) for these petitions. Petitioners who have failed to notify USCIS of mailing address changes risk not receiving such RFEs, which can lead to the unintentional abandonment of their petitions. Such abandonments can lead to serious consequences specifically, the loss of priority dates that may have been established many years earlier.
The Ombudsman encourages all petitioners to promptly notify USCIS of mailing address changes by completing specific change of address requirements.
Note: Non-U.S. citizens with a pending application or petition before USCIS must also file a Form AR-11 (Change of Address) before they may change their address online.
source: http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm#3
Significant Movement in Philippines’ Visa Processing Categories is Cause for Optimism
By: Reeves & Associates
The Department of State’s July 2010 Visa Bulletin is a significant step forward in allowing families to reunite. This is especially the case for Filipino beneficiaries.
Under the new visa allocation instructions, Lawful Permanent Residents who petitioned their spouses or unmarried minor children prior to the date of July 1, 2008 can apply to immigrate or adjust status. This is an increase of six months in this category since the June 2010 visa bulletin and a nineteen-month increase since the May 2010 bulletin.
Further, under the new visa bulletin, Lawful Permanent Residents who petitioned their adult, unmarried sons or daughters prior to March 1, 2000, are now able to apply to have their family members immigrate or adjust status. This new March 1, 2000 threshold is a progression of one full year in processing since the June 2010 visa bulletin, and a jump forward of sixteen months since the May 2010 visa bulletin.
Processing for the petitions of U.S. citizens on behalf of family members have also surged forward in recent months. Petitions filed by U.S. Citizens on behalf of unmarried adult sons and daughters prior to September 1, 1995 are now eligible for processing—a step forward of 10 months since the May 2010 visa bulletin. Meanwhile, petitions filed by U.S. Citizens on behalf of married adult sons and daughters prior to May 1, 1993 are now eligible for processing—an increase of one year since the processing dates indicated in the visa bulletin just two months ago.
Movement in the sibling category has been also been significant. In May of 2010, the visa bulletin indicated that U.S. Citizen Filipinos who filed their petitions prior to December 8, 1987 were able to have their brother or sister’s immigration proceed. According to the new July 2010 visa bulletin, such applicants are eligible to proceed if their petition was filed by prior to April 1, 1989.
Other country categories and employment-based categories have also seen positive movement in recent months. Those waiting in line for their visa numbers to become available for processing should bear in mind that a preference category’s cutoff does not always move in a linear progression (such as one month forward cutoff date for each month). Cutoff visa processing dates depend upon the available supply of visas within a category and demand within that category. As such, visa issuance may retrogress if the respective categories become oversubscribed. Beneficiaries holding priority dates ripe for processing should not hesitate in undergoing the immigration process.
source: http://www.rreeves.com/articles/immigration_en_10635.php
The Department of State’s July 2010 Visa Bulletin is a significant step forward in allowing families to reunite. This is especially the case for Filipino beneficiaries.
Under the new visa allocation instructions, Lawful Permanent Residents who petitioned their spouses or unmarried minor children prior to the date of July 1, 2008 can apply to immigrate or adjust status. This is an increase of six months in this category since the June 2010 visa bulletin and a nineteen-month increase since the May 2010 bulletin.
Further, under the new visa bulletin, Lawful Permanent Residents who petitioned their adult, unmarried sons or daughters prior to March 1, 2000, are now able to apply to have their family members immigrate or adjust status. This new March 1, 2000 threshold is a progression of one full year in processing since the June 2010 visa bulletin, and a jump forward of sixteen months since the May 2010 visa bulletin.
Processing for the petitions of U.S. citizens on behalf of family members have also surged forward in recent months. Petitions filed by U.S. Citizens on behalf of unmarried adult sons and daughters prior to September 1, 1995 are now eligible for processing—a step forward of 10 months since the May 2010 visa bulletin. Meanwhile, petitions filed by U.S. Citizens on behalf of married adult sons and daughters prior to May 1, 1993 are now eligible for processing—an increase of one year since the processing dates indicated in the visa bulletin just two months ago.
Movement in the sibling category has been also been significant. In May of 2010, the visa bulletin indicated that U.S. Citizen Filipinos who filed their petitions prior to December 8, 1987 were able to have their brother or sister’s immigration proceed. According to the new July 2010 visa bulletin, such applicants are eligible to proceed if their petition was filed by prior to April 1, 1989.
Other country categories and employment-based categories have also seen positive movement in recent months. Those waiting in line for their visa numbers to become available for processing should bear in mind that a preference category’s cutoff does not always move in a linear progression (such as one month forward cutoff date for each month). Cutoff visa processing dates depend upon the available supply of visas within a category and demand within that category. As such, visa issuance may retrogress if the respective categories become oversubscribed. Beneficiaries holding priority dates ripe for processing should not hesitate in undergoing the immigration process.
source: http://www.rreeves.com/articles/immigration_en_10635.php
Subscribe to:
Posts (Atom)