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  1. MONTHLY VISA BULLETIN PROJECTIONS: PHILS EB-3 TO ADVANCE INTO 2014

    by , 02-22-2017 at 09:51 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State’s Visa Bulletin guru, Charlie Oppenheim, hosts monthly meetings with the American Immigration lawyers Association. Charlie Oppenheim is the Department of State’s Chief of the Control and Reporting Division. He is the officer who is responsible for producing the Visa Bulletin each month. This month’s Check In With Charlie featured predictions about EB2 and EB3 in most of the popular categories for readers of this Blog. Here are some of this month’s highlights:

    Philippine EB-3As with last month, Charlie again offered his most optimistic predictions for this category. He said that he expects predicts future advancement at a pace of “up to six months.” He expects that the Philippine EB-3 date should quickly move through 2012 and 2013, and quickly move into 2014. This is consistent with internal MU Law analysis, which sees this category progressing at least into 2013 by the summer of 2017.

    India EB-2 – Charlie hopes that the India EB-2 category can progress at a pace of “up to one month.” He cautions that an increase in EB-3 upgrades could slow the progression of India EB-2.

    India EB-3 – There was no specific comment by Charlie. Mu Law expects that India EB-3 will progress at about the same 1-2 week rate as it has in prior months. The India EB-3 date may stall/stop in the summer of 2017, as the full allotment of numbers gets used. It will then recommence in October. This is normal. It happens every year. Read our FAQ on why the Visa Bulletin progression stops in August and September.

    Worldwide EB-2 and EB-3 – EB-2 will remain current for the foreseeable future. Worldwide EB-3 will continue to move ahead steadily and be effectively current.

    China EB-2 and EB-3 – These categories are the most difficult to predict because of the upgrade/downgrade phenomenon of EB-2 and EB-3. At present China EB-3 is 15 months ahead of EB-2.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook and follow us on Twitter.
  2. President Trump Continues to Protect Undocumented Immigrants with DACA

    by , 02-22-2017 at 08:02 AM (Matthew Kolken on Deportation And Removal)
    Lost in all of the Trump deportation hysteria is the fact that on February 20, 2017, a memorandum was issued by Department of Homeland Security Secretary John Kelly that specifically reinforces protections previously issued in favor of individuals benefiting from Deferred Action for Childhood Arrivals (DACA), as well as parents of United States citizens or lawful permanent residents (DAPA) by protecting them from deportation.

    From the memorandum:

    With the exception of the June 15, 2012, memorandum entitled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children," and the November 20, 2014 memorandum entitled "Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents," all existing conflicting directives, memoranda, or field guidance regarding the enforcement of our immigration laws and priorities for removal are hereby immediately rescinded- to the extent of the conflict-including, but not limited to, the November 20, 2014, memoranda entitled "Policies for the Apprehension, Detention and Removal of Undocumented Immigrants," and "Secure Communities."

    It should be noted that the November 20, 2014 memorandum was enjoined by a U.S. District Court Judge.

    What this means is that Trump has not revoked DACA, those who have it may continue to benefit from work authorization, and President Trump has extended protections from deportations to people with citizen or green card holding children and they should also not be at risk of being deported.

    I can also attest to the fact that government lawyers have acknowledged in open court that their new directive from Headquarters relating to individuals with DACA, or that are DACA eligible is to agree to continuances as the individuals are not a priority for deportation.

    There is always a silver lining.

    Updated 02-22-2017 at 08:17 AM by MKolken

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