The Visa Bulletin Board is a very useful and highly informative website that contains information that will help anyone determine what is going on with their file. The website can be found at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html. On this page will be links to the current months bulletin and the following months bulletin. Lastly, there is a link to the archived bulletins.
For example, this month, November 2009, can be broken down as follows.
In the family section of the bulletin Visas are being issued to 1st preference individuals who applied during 15 Oct. 2003, 15 Oct. 2003, 08 July 1992, 22 Oct. 1992 and 15 Oct. 2003 for the following areas China, India, Mexico, Philippines, all other areas respectively. 2nd preferences are categorized as follows: 15 Aug. 2005, 15 Aug. 2005, 15 June 2003, 15 Aug. 2005, 15 Aug. 2005 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 3rd family preferences are as follows: 01 Oct. 2001, 01 Oct. 2001, 01 June 1992, 15 May 1998, 01 Oct. 2001 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 4th family preferences are as follows 15 Jun 1999, 15 Jun 1999, 08 November 1995, 15 Jan 1987, 15 Jun 1999 for 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, all other areas. 01 April 2005 and 22 Jan 2005 for China and India respectively.
3rd preference - 01 June 2001, 01 June 2002, 22 Apr. 2001, 01 June 2002, 01 June 2002 for the following areas; all other areas, China, India, Mexico, Philippines.
4th preference - current for all areas
5th preference - unavailable
The Diversity immigrant visa lottery is broken down as follows for November 2009.
Africa 14,000 (Except for Egypt[6,200], Ethiopia[6,700], and Nigeria[8,700])
Asia 7,200
Europe 9,500
North America 2
Oceania 475
South America and the Caribbean 575
The Bulletin has a host of other information on the website and I highly recommend taking a look.
Tuesday, November 17, 2009
Thursday, November 12, 2009
Adjustment of Status
Change of status is a very useful tool in immigration law. When an individual seeks entry into the United States they generally must apply outside the country for a visa and or greencard. If an individual wants to change from non-immigrant status (for example, a student visa) to immigrant status (lawful permanent residence) or another non-immigrant status (for example, work visa) the individual must apply for a change in status. Instead of requiring the individual to go back to their home country and apply from there, the law allows the individual to apply for a change of status within the United States.
When applying for a change in status the alien must supply all the requested documents and pay the required filing fee. The general process can very greatly in length. As mentioned before the greatest benefit of applying for change in status is that it allows the individual to remain in the United States while the application is pending. It is also important to note that the requirements for a change in status are the same requirements that are needed for an individual applying for the first time. Meaning, if in the time you have been in the United States you committed a crime that would prevent entry it may prevent you from getting a change in status.
When applying for a change in status the alien must supply all the requested documents and pay the required filing fee. The general process can very greatly in length. As mentioned before the greatest benefit of applying for change in status is that it allows the individual to remain in the United States while the application is pending. It is also important to note that the requirements for a change in status are the same requirements that are needed for an individual applying for the first time. Meaning, if in the time you have been in the United States you committed a crime that would prevent entry it may prevent you from getting a change in status.
Thursday, November 5, 2009
Refugee
Applying for refugee status is similar in nature to applying for asylum. In general an individual applying to be a refugee must apply when they arrive in the United States (this can be a port of entry, for example in Southern California, San Ysidro or Los Angeles International Airport) or are already in the United States. A refugee must show to the immigration official that they are unable or unwilling to return to the country of origin because of persecution or a credible fear of future persecution.
The applicant must show that they have been or will face persecution based on; 1) political views, 2) race, 3) nationality, 4) religion or 5) membership in a particular group. The applicant must also show that they have not participated in any act of persecution. Refugee status may not be granted to an applicant if they have permanently settled in another country. For example, a person flees Nigeria for France. He lives in France for 7 years, has a home there, works there and received some kind of status in France. This individual would probably not be granted refugee status as they have already permanently settled in another country.
A final note about refugee status is that the applicant can give derivative status to children or spouse.
The applicant must show that they have been or will face persecution based on; 1) political views, 2) race, 3) nationality, 4) religion or 5) membership in a particular group. The applicant must also show that they have not participated in any act of persecution. Refugee status may not be granted to an applicant if they have permanently settled in another country. For example, a person flees Nigeria for France. He lives in France for 7 years, has a home there, works there and received some kind of status in France. This individual would probably not be granted refugee status as they have already permanently settled in another country.
A final note about refugee status is that the applicant can give derivative status to children or spouse.
Tuesday, November 3, 2009
Asylum
Asylum is a powerful tool that allows an individual(s) who has been prosecuted or has a well founded fear of future prosecution to remain in the United States. Asylum is actually a difficult form of relief to get, but once received it is a very effective and powerful tool. An individual can apply for asylum relief at a port of entry or when they are already within the United States.
Generally, there needs to be a credible threat towards the individual based on one of five enumerated categories; 1) nationality, 2) race, 3) religion, 4) political opinion and 5) membership in a particular group. It is also important to note identity can be based upon a self-perceived identity or on how others view you (this is particularly true in regards to number 5, membership in a particular group).
1) Nationality - this is based upon your country of origin, are you Mexican? Chinese? Taiwanese? Indian? English? etc.
2) Race -are you African? European? Asian? Hispanic? Native American? This group is often confused with nationality but they are two distinct groups.
3) Religion - are you Catholic? Muslim? Orthodox? Hindu? Buddhist? You can be the same overarching religion and still be prosecuted. For example you could be Christian but of a denomination that is the minority in your country and subject to attacks.
4) Political Opinion - are you a libertarian? Socialist? Communist? Nationalist? Liberal? Conservative? Member of the opposition party?
5) Membership in a particular group - this is possibly the largest group and the courts have had difficulty in determining what constitutes a particular group. Some have held that being a child qualifies, but others say that being a child is not a permanent group status as one grows up and is no longer a child. Others have said that being a woman is being part of a particular group, the critics to this say it is too broad. However, a few things have been determined to generally apply; 1) the group must be sufficiently small to be defined, 2) the characteristics of the group are generally permanent, 3) either you or the persecutors identify you within the group, and 4) the government is unable or unwilling to prevent the attacks upon this group.
A few other notes need to be mentioned regarding asylum. The individual seeking asylum must show that the fear is genuine and that a normal person in their position would also be afraid. The individual must show that there is a threat of future harm, for example if the violence against the person happened 20 years ago when there was a civil war going on it would be difficult to show to the court that you have a credible fear of persecution upon returning. There are many other factors that go into determining the viability of a petition for asylum. The above mentioned factors are just some of the largest.
Generally, there needs to be a credible threat towards the individual based on one of five enumerated categories; 1) nationality, 2) race, 3) religion, 4) political opinion and 5) membership in a particular group. It is also important to note identity can be based upon a self-perceived identity or on how others view you (this is particularly true in regards to number 5, membership in a particular group).
1) Nationality - this is based upon your country of origin, are you Mexican? Chinese? Taiwanese? Indian? English? etc.
2) Race -are you African? European? Asian? Hispanic? Native American? This group is often confused with nationality but they are two distinct groups.
3) Religion - are you Catholic? Muslim? Orthodox? Hindu? Buddhist? You can be the same overarching religion and still be prosecuted. For example you could be Christian but of a denomination that is the minority in your country and subject to attacks.
4) Political Opinion - are you a libertarian? Socialist? Communist? Nationalist? Liberal? Conservative? Member of the opposition party?
5) Membership in a particular group - this is possibly the largest group and the courts have had difficulty in determining what constitutes a particular group. Some have held that being a child qualifies, but others say that being a child is not a permanent group status as one grows up and is no longer a child. Others have said that being a woman is being part of a particular group, the critics to this say it is too broad. However, a few things have been determined to generally apply; 1) the group must be sufficiently small to be defined, 2) the characteristics of the group are generally permanent, 3) either you or the persecutors identify you within the group, and 4) the government is unable or unwilling to prevent the attacks upon this group.
A few other notes need to be mentioned regarding asylum. The individual seeking asylum must show that the fear is genuine and that a normal person in their position would also be afraid. The individual must show that there is a threat of future harm, for example if the violence against the person happened 20 years ago when there was a civil war going on it would be difficult to show to the court that you have a credible fear of persecution upon returning. There are many other factors that go into determining the viability of a petition for asylum. The above mentioned factors are just some of the largest.
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