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.)

Extended Family members

Extended family members can be very important for immigration purposes. An extended family can help an individual immigrate to the United States because they are able to financially support the immigrant. For example, if your petitioning family member cannot support you according to the immigration requirements, you may be able to get other family members (aunt, uncle, cousins, etc.) to sign an affidavit of support as well. Family members can useful as well in providing documentation or other information that may be requested by the immigration services (photos, letters, information about home country, etc.)

One of biggest problems (or a benefit depending on your perspective) under the immigration law is that US Citizens or Lawful Permanent Residents are unable to petition for certain relatives. Under the current immigration code a US Citizen can petition for mother, father, brother, sister, son, daughter, minor children, or spouse. A lawful permanent resident can petition for spouse, unmarried son and daughter and minor children. What this means is that a US citizen or lawful permanent cannot petition for extended family members such as nephews, nieces, cousins or aunts/uncles.

What you can do is get a temporary visa for them or help them get a labor certificate, which would allows them to come to the United States legally.

Visa Bulletin for June 2010

In the family section of the bulletin Visas are being issued to 1st preference individuals who applied during 08 November 2004, 08 November 2004, 08 November 2004, 22 October 1992, 15 March 1995, and 08 November 2004 for the following areas China, Dominican Republic, India, Mexico, Philippines, all other areas respectively. 2nd preferences are categorized as follows: 01 January 2008, 01 December 2006, 01 January 2008, 01 December 2006, o1 January 2008, 01 January 2008 for the following areas; China, Dominican Republic India, Mexico, Philippines, all other areas respectively. 2B preferences are as follows: 15 November 2002, 01 July 2002, 15 November 2002, 15 June 1992, 08 March 1999, 15 November 2002 for the following areas; China, Dominican Republic India, Mexico, Philippines, all other areas respectively. 3rd family preferences are as follows: 22 June 2001, 22 June 2001, 22 June 2001, 22 October 1992, 22 May 1992 and 22 June 2001 for the following areas; China, Dominican Republic India, Mexico, Philippines, all other areas respectively. 4th family preferences are as follows 01 September 2000, 01 September 2000, 01 September 2000, 08 December 1995, 01 April 1988, 01 September 2000 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 - 22 June 2003, 22 June 2003 , 01 October 2001, unavailable, 22 June 2003 , 22 June 23, 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 45,600 (Except for Egypt[24,000], Ethiopia[25,100], and Nigeria[17,500])
Asia 19,550
Europe 31,000
North America 4
Oceania 1,175
South America and the Caribbean 1,300

Master Calendar Hearings

The Master Calendar Hearing is the either the first or second hearing of the deportation process. If you are allowed to have a bond hearing the Master Calendar Hearing will be the second hearing, if not it is your first. The master calendar hearing is largely geared towards you the immigrant. The judge wants to determine a number of factors that will impact any relief you may be eligible for.

The judge will want to know your country of birth, when you entered the united states, do you have any convictions or other run ins with the law, do you fear any reprisals if you go back to your home country, etc. All of these factors are important and you should not lie to try and get some benefit.

You can either be self-represented or represented by an attorney during these proceedings. These initial proceedings will have a huge impact on your status and I highly recommend hiring a qualified attorney for these proceedings.

After the Master Calendar hearing the judge will set another calendar date for the relief stage of the proceedings.

Visa bulletin Board for May 2010

In the family section of the bulletin Visas are being issued to 1st preference individuals who applied during 08 September 2004, 08 September 2004, 15 October 1992, 01 November 1994, and 08 September 2004 for the following areas China, India, Mexico, Philippines, all other areas respectively. 2nd preferences are categorized as follows: 01 December 2006, 01 December 2006, 01 June 2005, o1 December 2006, 01 December 2006 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 2B preferences are as follows: 01 July 2002, 01 July 2002, 15 June 1992, 15 November 1998, 01 July 2002 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 3rd family preferences are as follows: 08 June 2001, 08 June 2001, 22 October 1992, 01 May 1992 and 08 June 2001 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 4th family preferences are as follows 15 May 2000, 15 May 2000, 08 December 1995, 08 December 1987, 15 May 2000 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. 22 September 2005 and 01 February 2005 for China and India respectively.
3rd preference - 22 April 2003,22 April 2003 , 01 October 2001, unavailable, 22 APril 2002 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 39,200 (Except for Egypt[23,600], Ethiopia[22,500], and Nigeria[16,200])
Asia 16,400
Europe 29,250
North America 4
Oceania 1,100
South America and the Caribbean 1,200

Visa Bulletin Board for April 2010

In the family section of the bulletin Visas are being issued to 1st preference individuals who applied during 08 July 2004, 08 July 2004, 15 October 1992, 01 March 1994, and 08 July 2004 for the following areas China, India, Mexico, Philippines, all other areas respectively. 2nd preferences are categorized as follows: 01 June 2006, 01 June 2006, 01 January 2005, o1 June 2006, 01 June 2006 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 2B preferences are as follows: 01 March 2002, 01 March 2002, 15 June 1992, 15 September 1998, 01 March 2002 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 3rd family preferences are as follows: 22 May 2001, 22 May 2001, 15 October 1992, 01 March 1992 and 22 May 2001 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 4th family preferences are as follows 01 March 2000, 01 March 2000, 08 December 1995, 08 September 1987, 01 March 2000 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. 22 August 2005 and 01 February 2005 for China and India respectively.
3rd preference - 01 February 2003, 01 February 2003, 08 September 2001, 01 July 2002, 01 February 2003 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 31,700 (Except for Egypt[20,800], Ethiopia[19,300], and Nigeria[14,600])
Asia 13,600
Europe 26,300
North America 4
Oceania 1000
South America and the Caribbean 1000

New Requirements for Criminal Law?

Over the years there have been a number of cases coming out of a variety of criminal courts that have had an impact on immigration law. Most of the cases have held that a criminal attorneys failure to adequately inform the immigrant of immigration consequences may constitute ineffective assistance of counsel. For example, if the attorney fails to inform his client that a possession of a controlled substance for sale, is a crime that will cause deportation, the attorney may be liable for ineffective assistance of counsel.
As the system currently stands (in California) the judge will inform the client that there may be immigration consequences to a guilty plea, but this is a blanket statement by the court, not a direct statement regarding the specific type of crime.
The new cases seem to say that the attorney may commit ineffective assistance of counsel in cases in which he or she does not explain the immigration outcome of a plea or sentence. While this may sound good and may have a highly beneficial outcome - if you file a complaint for ineffective assistance of counsel and win (which is very hard to do) you may get a new trial! The practical outcome will probably mean little as most criminal attorneys do not know all the immigration consequences of a criminal plea. Furthermore, the likelihood of winning a claim of inefficient assistance of counsel as the courts are unlikely to grant these cases.

J- Visas

J-visas are a special category of visas that have their own rules and restrictions. For example, an individual on a J-visa cannot get an adjustment of status unless they leave the US and reside in their home country for 2 years. There is a waiver for this but it is a difficult waiver to get and has numerous steps.
Second, J-visas are for a short period of time and are intended for cultural exchange purposes. Think of them as long term tourist visas. While the analogy is not perfect it gets the idea across - you are coming to the United States for a longer period of time to become acquainted to American culture. At the same time you are introducing Americans to the language and culture of your home country.
In order to apply for the J-visa you must first be accepted into an exchange program. Each program has their own requirements and it can be difficult to get into a program. Once you get accepted into the program you need to file for a J-visa. J-visas have separate requirements than the exchange program and you may qualify for one but not for the other!

Immigration Reform

Immigration reform is a constant topic for many individuals both in the legal field and outside the field. One of the reasons it is so popular is no one knows what is going to happen or when it will happen. It is ripe for speculation. Immigration reform may be a good thing or it may be a bad thing depending on what is your perspective.

For example, if you are against immigration then the REALID Act or IRAIIRA or the Patriot Act were all good things as these all made it significantly harder for aliens to immigrate to the United States. They all imposed new burdens and hurdles that must be overcome by the alien before entering the United States. At the same time an individual who likes these reforms probably did not like the amnesty that was granted back in the 1980s. A pro-immigrant individual probably liked the expansion of the Violence Against Women Act and its use for immigration, but disliked much of the reform that has occurred over the past twenty years.

It never fails to amaze me that most people seem to think that reform will make it easy for them to immigrate to the United States. There is nothing to say that immigration reform will be a beneficial thing for you, it could be the exact opposite. For all we know immigration reform may make it incredibly difficult for an individual to immigrate to the United States. With the current economy it is extremely possible that nativist or xenophobes will do everything in the their power to prevent meaningful immigration reform that will help alleviate the problems that are facing immigrants.

Until some kind of meaningful reform is actually implemented individuals will continue to wait years and potentially decades to come to the United States legally. Once this is resolved the amount of illegal immigration to the United States should decrease significantly as people no longer resort to unsavory methods to come to a better land and make a better life for themselves.

Visa Bulletin Board for March 2010

In the family section of the bulletin Visas are being issued to 1st preference individuals who applied during 22 June 2004, 01 April 2004, 01 October 1992, 01 March 1994, and 22 June 2004 for the following areas China, India, Mexico, Philippines, all other areas respectively. 2nd preferences are categorized as follows: 01 April 2006, 01 April 2006, 01 July 2004, o1 April 2006, 01 April 2006 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 2B preferences are as follows: 01 February 2002, 01 February 2002, 15 June 1992, 22 August 1998, 01 February 2002 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 3rd family preferences are as follows: 22 May 2001, 22 May 2001, 08 October 1992, 01 March 1992 and 22 May 2001 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 4th family preferences are as follows 15 January 2000, 15 January 2000, 08 December 1995, 01 September 1987, 15 January 2000 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. 08 July 2005 and 01 February 2005 for China and India respectively.
3rd preference - 15 December 2002, 15 December 2002, 01 July 2001, 01 July 2002, 15 December 2002 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 29,600 (Except for Egypt[18,000], Ethiopia[16,950], and Nigeria[14,350])
Asia 12,000
Europe 24,700
North America 4
Oceania 880
South America and the Caribbean 985

International Adoption

This is a tricky area of the law that requires compliance with a number of different rules and regulations. Furthermore, the requirements for each country can and usually are different. In general the adoption must be made legal in the country of the child that is to be adopted. A large of number of countries have signed and/or enacted the Hague Convention which controls the means in which a child may be adopted. Countries that have not signed the convention have their own internal rules and requirements for adoption. Prospective parents must conform with the countries requirements.

Once the child has been lawfully adopted you begin the USCIS process. This process can take some time, but is generally faster than the adoption process in the home country. Once the USCIS has processed the family visa and the visa is issued the newly adopted child can come to the United States. Once the child is given the visa and enters the United States there is a good possibility the child will get US citizenship if the child was adopted by a US citizen and the child is under 16 years old.

There are other requirements that are necessary for adopting a child and if you want to adopt contact a qualified attorney or a qualified adoption agency.

Affidavit of Support I-864

The affidavit of support is a form that is required in most family visas and for some employment visas. This affidavit is a contract between you the applicant and the US government. You are telling the government that you will financially help support the individual who is the beneficiary of the application. Certain categories of immigrants need not fill out this form, but in general assume you will have to fill it out.

This form helps the government determine if you the applicant make more than 125% of the federal poverty level for your household size. If you make more than that you may apply for the beneficiary. If you make less than the 125% amount, you may have to get affidavit of supports from other family members, friends or other individuals to meet the requirement. This is to ensure that the immigrant does not become a ward of the state or a pauper. Furthermore, this contract is good until the immigrant becomes a US citizen or they have 40 qualifying quarters of work.

You will need to provide your tax returns or other forms of information relating to your income. If you are self-employed the requirements are slightly different as you need to provide an income and expense report, capital gains or other forms. Each individual (if more than one is needed) will need to provide this information for the immigration services.

Visa Board for February 2010

In the family section of the bulletin Visas are being issued to 1st preference individuals who applied during 01 June 2004, 01 April 2004, 08 September 1992, 01 January 1994, and 01 June 2004 for the following areas China, India, Mexico, Philippines, all other areas respectively. 2nd preferences are categorized as follows: 01 March 2006, 01, March 2006, 01 March 2004, o1 March 2006, 01 March 2006 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 2B preferences are as follows: 01 January 2002, 02 January 2002, 08 June 1992, 15 July 1998, 01 January 2002 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 3rd family preferences are as follows: 22 May 2001, 22 May 2001, 22 September 1992, 01 January 1992 and 22 May 2001 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 4th family preferences are as follows 15 November 1999, 15 November 1999, 01 December 1995, 01 July1987, 15 November 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. 22 May 2005 and 22 Jan 2005 for China and India respectively.
3rd preference - 22 September 2002, 22 September 2002, 22 June 2001, 01 July 2002, 22 September 2002 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 27,500 (Except for Egypt[15,600], Ethiopia[14,700], and Nigeria[14,000])
Asia 10,550
Europe 22,400
North America 4
Oceania 870
South America and the Caribbean 950

Visa Options

One of the nice things about immigration is that an individual may have multiple options for a given circumstance. This is especially true when dealing with business or employment visas. For example a talented athlete could apply for an O visa. Or they could apply for a H1-B specialty occupation visa or maybe a P visa. The option you choose to go with will be heavily dependent on the individual circumstances of your case.

A qualified attorney will help you determine which is the best option for you to pursue. Each of these various types of visas have their positive and negative aspects and you need to be aware of each one.

Granted there are some circumstances when only one visa is available to you. For example, if you are coming to the US as a student then the student visa is probably the only option available to you. Any other visa type will likely be denied by the immigration services.

And then there are those circumstances when not a single visa applies. Your best bet is probably the tourist visa at this point and that is good for 90 days and will be granted as long as the immigration services do not believe you intend to stay beyond the 90 days!

Petitioning for Parents

Only a US citizen can petition for the parents. A lawful permanent resident can petition for children or a spouse and that is about it. The US citizen has many more options on who they can petition for. For example, they can petition for married sons or daughters or brothers and sisters.

The wait for a parent is about as long as it is for a spouse or child for a U.S. citizen, meaning anywhere from 3 months to a year given or take a few months. These numbers are general and can vary greatly depending on location and time of year in which you apply for the visa. Like most immigration things the earlier you start the better off you are in making the right choice to helping out a family member.

Waivers

There are many instances when a person who is applying for immigration benefits will be denied the benefit. The USCIS will give a reason as to why the person is denied and will generally state that a waiver is needed for the individual to get approved. A waiver can be a difficult and time consuming process. There are a number of waiver types available to an applicant, however, not all waivers will be applicable to each individual.

For example, there is a waiver for extreme hardship to a U.S. citizen spouse or immediate relative. This waiver is extremely hard to get but can be a powerful tool and potentially life saving waiver. Before applying for a such a waiver I highly recommend that you speak with a qualified experienced attorney. Other waivers include conviction for a drug offense of less than 30g of marijuana for personal consumption and humanitarian waivers are two more of the possible waivers.

Each waiver is tailored for specific circumstances and can be complex. The waiver process can take as few as two months or as many as half a year. As with most things in the immigration process, it is a waiting game. You provide the necessary information to the immigration services and they will review your file and then respond to your application. If they need more information they will then request it.

However, in some instances waivers are never needed. This is because you fall within the requirements put forward by the immigration services, you do not have any valid reasons for a denial of entry, or the immigration services do not catch their mistake (don't count on this one get you into the U.S.). Most individuals will not need a visa, but if you have entered the US before and left then tried to enter or are here illegally a waiver is probably the only way you are going to be able to remain in the United States.

RFE and NOID

RFE stands for Request for Evidence. This occurs when the immigration services want more information. They may ask only for a single piece of paper, for example a court document stating that you are divorced, or they may ask for a great deal of information such as your bank statements from 2008 to the present. Each RFE is different as it is based on the needs of the individual officer reviewing your file. In general an individual has a minimum of 30 days to respond to a RFE. However, one can request more time or the agency may give you more time. In some cases more time will be needed as getting documents from a foreign country can be difficult if the alien is in the United States.

A NOID is a Notice Of Intent to Deny. A NOID generally comes after a RFE and is a good indication that the agency is going to deny your application. One can try to cure whatever defect is present but this can be difficult. USCIS cannot issue a NOID for failure to provide information without first issuing a RFE for that information. As mentioned above a NOID is a good indication of what the USCIS intends to do, but it is a preliminary hearing and can be changed. If you receive a NOID or RFE do not hesitate. Contact the agency to ask them for clarification if needed or get moving on getting what ever information is needed to continue your application process.

Furthermore, an officer or agency can issue more than one RFE or NOID depending on how the case goes. For example, if you provide enough information, but during review the officer has a new question, a new RFE may be issued. This process can drag out for a long period of time, but you can look at it as a good thing, the services are at least looking at your case and not dismissing it out of hand!

Visa Bullentin Board January 2010

In the family section of the bulletin Visas are being issued to 1st preference individuals who applied during 01 April 2004, 01 April 2004, 15 August 1992, 01 Dec. 1993, and 01 April 2004 for the following areas China, India, Mexico, Philippines, all other areas respectively. 2nd preferences are categorized as follows: 01 January 2006, 01, January 2006, 01 January 2004, o1 January 2006, 01 January 2006 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 2B preferences are as follows: 01 December 2001, 01 December 2001, 08 August 1992, 01 July 1998, 01 December 2001 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 3rd family preferences are as follows: 22 May 2001, 22 May 2001, 15 September 1992, 01 December 1991 and 22 May 2001 for the following areas; China, India, Mexico, Philippines, all other areas respectively. 4th family preferences are as follows 01 October 1999, 01 October 1999, 22 November 1995, 01 May 1987, 01 October 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 May 2005 and 22 Jan 2005 for China and India respectively.
3rd preference - 01 August 2002, 01 August 2002, 22 June 2001, 01 July 2002, 01 August 2002 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 23,400 (Except for Egypt[12,300], Ethiopia[12,475], and Nigeria[12,900])
Asia 9,475
Europe 19,750
North America 4
Oceania 775
South America and the Caribbean 925

Children

Children of immigrants or children brought to the United States by immigrants fall into a special category, even if the child is brought to the United States illegally. The logic behind this is that it is unfair to expect a child to stay in the home country while the parents move! This makes perfect sense, you cannot expect a 2 year old to stay in Mexico, China, Zimbabwe or some other country while the parents leave for the United States; the law does not expect the child to leave the parents while in the United States either.

This logic is consistent with immigration laws efforts to keep families coherent (see family visas and numerous decisions of the courts and immigration services).

Currently, any child born in the United States becomes a U.S. Citizen. There is some talk and debate by groups to change this. They want to make citizenship based on one of the parents being a U.S. citizen - citizenship by blood. Historically, an individual is born a citizen by either blood or being born on U.S. soil. Therefore, a child born to two illegal immigrants in the U.S. is still considered a U.S. citizen even if the parents are not.

Now, if the parents come to the U.S. legally as a lawful permanent resident or become a U.S. Citizen the child can gain citizenship through derivative status. This only last while the child us under the age of 18. When the child turns 18 a different series of laws becomes applicable and the now adult child may have to apply for citizenship or lawful permanent residence status.

If the parents came to the U.S. illegally and brought the child over there is a whole host of other issues which are beyond the scope of this blog. In general there is limited options for a child or young adult who falls into this category.