Visa Bulletin Board October 2010

In the family section of the bulletin Visas are being issued to 1st preference individuals who applied during 15 Feb 2006, 15 Feb 2006, 15 Dec 1992, 01 March 1997, 15 Feb 2006 for the following areas China, India, Mexico, Philippines, all other areas respectively. 2nd preferences are categorized as follows: 01 April 2010, 01 April 2010, 01 January 2010, 01 April 2010, 01 April 2010 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 2B preferences are as follows: 01April 2005, 01 April 2005, 22 June 1992, 01 September 2002, 01 April 2005 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 3rd family preferences are as follows: 01 May 2002, 01 May 2002, 22 October 1992, 01 March 1995, 01May 2002 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 4th family preferences are as follows 01 Dec 2001, 01 Dec 2001, 08 Dec 1995, 01 April 1991, 01 Dec 2001for the following areas; China, India, Mexico, Philippines, all other areas respectively.

The employment based Visas can be broken down as follows.

1st preference - current for all areas.
2nd preference - current for Mexico, Philippines, Dominican Republic, all other areas. 22 May 2006 and 08 May 2006 for China and India respectively
3rd preference - 08 January 2005, 08 November 2003 , 15 January 2002, 22 April 2001, 08 January 2005 for the following areas; all other areas, China, India, Mexico, Philippines.
4th preference - current for all areas
5th preference - current

The Diversity immigrant visa lottery is broken down as follows for November 2009.
Africa 9,000 (Except for Egypt[5,500], Ethiopia[7,450], and Nigeria[7,450])
Asia 9,000
Europe 9,600
North America 1
Oceania 350
South America and the Caribbean 450

Voluntary Departure denials

This is very important. An immigrant may have their voluntary departure request denied! This can happen for a number of reasons. It may occur because of the type of crime you have committed. It may because of the number of times you have already been deported. It may be due to the judge not liking your story and finding you not credible. If this happens your options become extremely limited. You can continue with your deportation hearing and hope for the best or you can chose to take a deportation order.

Both of these have risks associated with them. For example, going forward with a deportation hearing may cost you money or may get you a deportation order if the judge rules against you. A deportation order is just that. You have a judicial decision that says you need to be deported and if you do not leave the country you are looking at some very serious consequences.

One of the most important things to remember for voluntary departures is that it is completely discretionary for the judge to grant.

Notarios and Visa preparers

Notarios and visa preparers are a problem in the immigration world. There are a number of reasons for this. One of the largest ones is that notarios and visa preparers generally charge significantly less than an attorney or a recognized form preparer. Another issue is that for many Hispanic migrants notario has a different connotation than it does in the United States. For example, in Mexico a notario is an attorney who has quasi-judicial powers. These are individuals who went to law school, are attorneys and took extra classes or exams to become a notario.

In the United States a notario is not always an attorney. An attorney can be a notary but most attorneys are not notaries and most notaries are not attorneys. Therefore, when a migrant goes to a notario they are thinking they are getting one service but they are getting no or poor legal services. Furthermore, many notarios use this position of trust and the immigrants lack of knowledge to take advantage of them and get more than they should.

Visa preparers are similar but different to notarios. These are individuals who file out immigration forms. There are individuals and companies who do comply with the form filling requirements put out by the immigration courts and these groups are fine to use. However, many of the visa preparers are not recognized by the courts or the system and they do not have the right to charge and prepare the forms. Immigration law is a complex area of law that is constantly changing and it is difficult to stay on top of the changes unless you are dedicated to the area. Many of the visa preparers are using their ties in the community or language skills to take advantage of immigrations.

If you are ever in doubt about what is going on, do not use the notario or the visa preparer. You will likely be better off filing out the form yourself or seeking the help of an experienced attorney who may be willing to work out an agreement regarding fees.

Application to enter after an order

When an alien chooses to voluntarily depart or has a deportation order the alien should request permission to apply for immigration benefits. The alien can choose to go forward with their case without this request, but it is almost guaranteed that it will be dismissed. The application for the request to apply is fairly straight-forward when it comes to immigration forms.

The form is to make sure the Immigration services know who you are and that you are attempting to enter in a legal manner. The granting of the permission is completely discretionary and you may be denied. Once you have received the permission to apply, you may then apply for immigration benefits of your choosing. For example, you may then apply for a family visa, work visa or other nonimmigrant visas.

Visa Bulletin July 2010

In the family section of the bulletin Visas are being issued to 1st preference individuals who applied during 01 April 2005, 01 April 2005, 01 April 2005, 01 November 1992, 01 September 1995, and 01 April 2005 for the following areas China, Dominican Republic, India, Mexico, Philippines, all other areas respectively. 2nd preferences are categorized as follows: 01 July 2008, 01 June 2007, 01 July 2008, 01 June 2007, 01 July 2008, 01 July 2008 for the following areas; China, Dominican Republic India, Mexico, Philippines, all other areas respectively. 2B preferences are as follows: 01May 2003, 01 May 2003, 01 May 2003, 15 June 1992, 01 March 2000, 01 May 2003 for the following areas; China, Dominican Republic India, Mexico, Philippines, all other areas respectively. 3rd family preferences are as follows: 01 September 2001, 01 September 2001, 01 September 2001, 01 March 1992, 01May 1993 and 01 September 2001 for the following areas; China, Dominican Republic, India, Mexico, Philippines, all other areas respectively. 4th family preferences are as follows 01 January 2001, 01 January 2001, 01 January 2001, 01 March 1995, 01 April 1989, 01 January 2001 for the following areas; China, Dominican Republic, India, Mexico, Philippines, all other areas respectively.

The employment based Visas can be broken down as follows.

1st preference - current for all areas.
2nd preference - current for Mexico, Philippines, Dominican Republic, all other areas. 22 November 2005 and 01 February 2005 for China and India respectively
3rd preference - 15 August 2003, 15 August 2003 , 22 November 2001, unavailable, 15 August 2003 , 15 August 2003, for the following areas; all other areas, China, India, Mexico, Philippines, Dominican Republic.
4th preference - current for all areas
5th preference - current

The Diversity immigrant visa lottery is broken down as follows for November 2009.
Africa 54,100(Except for Egypt[24,500], Ethiopia[25,100], and Nigeria[18,850])
Asia 23,500
Europe 32,000
North America 5
Oceania 1,300
South America and the Caribbean 1,500

Violating a Voluntary Departure

Voluntary Departure is a form of relief in deportation cases. When an alien agrees to voluntary departure they are agreeing to leave the country on their own volition and pay. The government will not pay for your departure unless you are currently in custody. If you are in custody the government may or may not deport you the same day to the nearest location for your country of return. Country of return is generally your home country but you can nominate a different country, but you will need good reasons to show shy you should not be deported to your home country.

By agreeing to voluntary departure the alien is able to avoid a final order of removal. This is preferable because a final order of removal cancels most if not all forms of relief (if in the United States at a later time) and can prevent you from applying to re-enter the United States within 10 years of the departure order. If you choose to stay in the United States after requesting a voluntary departure and your time to depart has expired your voluntary departure order changes into a final order for removal and you are looking at very serious consequences. Furthermore, voluntary departure is not always available as an option. For example, if you have violated prior deportation orders or are convicted of an aggravated felony. voluntary departure is not an option.

Violating a voluntary departure occurs when you do not leave the United States within the alloted time. In order to show that you left the United States in time, you need to visit the consulate or embassy and ask for immigration paperwork that shows you left the United States after an order for voluntary departure. This is the safest option. However, getting to a consulate or embassy may not always be an option. In these cases, keep any documentation showing you left the country (i.e. plane tickets, stamps on your passport, boat tickets, letters addressed to you in your home country, utility bills in your home country, etc.)

Voluntary departure is a useful tool and can help an immigrant get back into the United States faster than a final order for removal, however, violating the voluntary departure can put you in a worse position than before!

Deportation Order

A deportation order is a final decision by the Immigration Court. A deportation order can be stipulated to by the parties. Generally, a deportation order is only stipulated to when the alien does not have any options available to prevent deportation (cancellation, suspension, adjustment, asylum or waiver). When a deportation order is issued by the court the alien has a small window of time to leave the country (the same day or shortly thereafter).

If an alien is ordered departed there are a number of consequences. The alien is not able to request certain forms of relief in the future. If the alien fails to depart in the required time period they will be deported from the United States whenever picked up and they will be unable to file for relief. If the alien does leave the United States and then reenters the U.S. they will face potential federal prison time. This is a serious issue and you do not want to go to prison for entering the United States illegally.

A deportation order is a serious order from the court and an alien should do everything possible to avoid this outcome. However, certain aliens will not be able to seek relief for a number of reasons (prior crimes, prior deportations, lack of equity in the United States, etc.)