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  1. AUGUST 2017 VISA BULLETIN: ANALYSIS

    by , 07-12-2017 at 04:59 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State has just issued the August 2017 Visa Bulletin. This is the eleventh Visa Bulletin of Fiscal Year 2017. This blog post analyzes this month's Visa Bulletin.


    NOTE: Please be sure to read our Post, "What does the August Visa Bulletin Mean?"

    August 2017 Visa Bulletin

    Applications with these dates may be approved for their Green Card (Permanent Residency card).

    Employ-
    ment
    based
    All Charge-
    ability
    Areas Except
    Those Listed
    CHINA-
    mainland
    born
    EL SALVADOR
    GUATEMALA
    HONDURAS
    INDIA MEXICO PHILIPPINES
    1st C 01JAN12 C 01JAN12 C C
    2nd 01APR15 22APR13 01APR15 22JUL08 01APR15 01APR15
    3rd C 01JAN12 C 15JUL06 C 01JUN15



    MU Law Analysis



    All Other: The EB-2 has been current for many years. The slight retrogression is temporary and will revert back to Current in October 2017. The EB-3 progression has long been effectively current, and is, in fact, current in August.


    China (mainland-born): The DOS instituted a retrogression for China EB-1 with the June Visa Bulletin, which remains. The continued high level of demand for EB-1 numbers for USCIS adjustment of status applicants has required the establishment of a date for June. It is expected that this EB-1 retrogression will last until October 2017.


    The China EB-2 date again moved up, by one month. The DOS notes that there has been an extremely large increase in EB-3s during the past month. The China EB-3 date remains at January 2012, which is where it was in July. It is now slower than China EB-2.

    India: As with China, India EB-1 now is retrogressed. It is expected that this EB-1 retrogression will last until October 2017.

    EB-2 India held steady. EB-3 India jumped into 2006, last month, which was a pleasant surprise. It moved up again, this time into mid-2006. The DOS is clearly trying to ensure that all visa numbers are used in FY2016.



    Mexico: Mirrors All Other in all aspects.


    Philippines: EB-3 moved ahead one full year! This is the second straight one year progression. The Philippine EB-3 number essentially cleaned out all of the 2010, 2011, 2012, 2013, 2014 and half of 2015 EB-3 visas in less than one year. This is even more positive than we expected.

    Our internal metrics see the Philippine EB-3 number continuing to progress at a rapid clip for the rest of 2017.


    The retrogression of the EB-2 (Phils) number is nothing to be concerned about. It will return to Current in October 2017. Note that all EB-2s retrogressed, which reflects heavier demand than usual in the entirety of the EB-2 category.


    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 or LinknedIn
  2. Seeking Asylum May Be Dangerous to Your Health, Your Children's Health, and Even Your Unborn Baby's Health

    The asylum process was designed for speed. The regulations require that, absent "exceptional circumstances," USCIS should adjudicate an affirmative asylum petition within 180 days. See INA § 208(d)(5)(A)(iii). That time frame went out the window with the “surge,” if not before, and these days, cases typically take a few years (and cases referred to Immigration Court can take even longer).


    "I have to drink to forget."

    The effect of these delays on asylum applicants is about what you’d expect. I often hear from clients who are suffering from depression, anxiety, and other stress-related illnesses. Some have diagnosable conditions, and we regularly obtain letters from physicians to help us expedite cases. The situation is particularly dire for applicants separated from spouses and children, but few people seem immune to the stress caused by not knowing whether you (or your loved one) will be returned to a place where you fear harm.

    Several recent studies have helped shed light on how the immigration process impacts people’s health, including the health of their children and even their unborn children.

    One study stems from a well-known immigration raid in Postville, Iowa in 2008. Almost 400 undocumented workers—mostly Guatemalan—were arrested and charged with crimes such as identity theft and document fraud. Most were deported. Researchers at the University of Michigan at Ann Arbor examined the birth certificates of 52,000 children born before and after the raid. They found that “Latina mothers across the state were 24% more likely to give birth to undersized babies in the year after the raid than in the year before.” “The weight of non-Latino white babies stayed constant, suggesting that Latino populations were uniquely stressed by the incident.”

    “Low birth weight is associated with developmental delays, behavioral problems and an increased risk of chronic disease,” among other problems.

    Another study, currently in progress, will examine millions of birth certificates nationwide to “learn whether similar birth-weight patterns emerge when individual states enact laws targeting undocumented immigrants.”

    A third study suggests that immigration raids can have deleterious effects on adults, as well. In November 2013, in the midst of an on-going health study of Latinos in Washtenaw County, Michigan, ICE conducted a high profile military-style raid on the local community. “The 151 people who answered the survey after the raids reported worse general health than the 325 who had already completed it…. Many said that after the raids, they were too afraid to leave their homes for food or medical care, and displayed symptoms of post-traumatic stress disorder.”

    After President Trump signed the first executive order, the American Academy of Pediatrics warned that, “Prolonged exposure to serious stress — known as toxic stress — can harm the developing brain and negatively impact short- and long-term health…. The message these [immigrant] children received today from the highest levels of our federal government exacerbates that fear and anxiety.”

    These reports focus on undocumented aliens who fear removal and their children, but my guess is that the results would be similar for asylum seekers, who also face uncertainty, especially in light of the Trump Administration’s rhetoric and stepped-up enforcement efforts. The reports also reflect what I am hearing from my clients.

    So what can be done to help alleviate stress related to asylum delays?

    First, you can try to take some affirmative action. Ask to expedite and/or short-list your case. File a motion to advance. I have written about these options here (for the Asylum Office) and here (for the Immigration Court). Whether such efforts will ultimately make the case any faster is somewhat unpredictable, but taking action may be better than waiting helplessly.

    Second—and I often tell this to my clients, most of whom have strong cases—try to live like you will win your case. Learn English, go to school, get a job, buy a house, etc. You really can’t put your life entirely on hold for years waiting for a decision in your asylum case. You have to live. Obviously, this is easier said than done, and I myself would have a very hard time following such advice, but those who can put the case out of their minds and go on with life will be better off than those who dwell on it.

    Third, stay engaged. There are support groups for refugees, asylum seekers, and victims of persecution. There are also churches, mosques, and other institutions that can help. Being able to discuss problems, share information, and talk (or complain) to people who understand your situation is useful, and maybe cathartic. For a list of non-profits that might be able to refer you to a support group near you, click here.

    Although cases do seem to be moving a bit faster lately, it seems unlikely that the long delays and uncertainty faced by asylum seekers will go away anytime soon. During the wait, it is important to take care of yourself and your family, and that includes taking care—as well as you can—of your mental health.

    Originally posted on the Asylumist: www.Asylumist.com.
  3. Trump May Not Be Able to Make Russia Scandal Go Away, But He Can Stop an Iranian Harvard Cancer Researcher From Entering US. Roger Algase

    The latest news reports state that Donald Trump may be fuming with a sense of helplessness over his evident inability to end the growing scandal of so far unproven allegations that his campaign officials, or even his eldest son, may have colluded with, or attempted to collude with, Russia in order to sway the results of last year's election in which Trump was resoundingly defeated by Hillary Clinton in the popular vote.

    http://www.politico.com/story/2017/0...-russia-240433.

    But while Trump does not have the power to muzzle an independent press, or to make the special counsel, Robert Mueller, who has been appointed to look into allegations of collusion and possible obstruction of justice, go away without severe consequences to Trump and his administration, Trump does have the power to take action against the most vulnerable people in our society, who have very limited, if any, legal or public relations power to stand up to him - namely immigrants, especially those from the almost 100 percent Muslim countries subject to his latest entry ban order.

    These include Iranian cancer researcher Mohsan Dehnavi, who on July 11, was detained and sent back to Iran by US Customs and Border Protection (CBP), along with his family, despite having a valid J-1 training visa and, beyond any reasonable question, strong ties with his sponsoring organization, Harvard University affiliated Children's Hospital as defined in the Supreme Court's June 26 Muslim ban decision.

    http://cbsnews.com/news/iranian-canc...-back-to-iran/

    For an earlier report, see: Washington Post, July 11:

    Cancer researcher was held at Boston Airport. Now he is being sent back to Iran

    http://www.newzeb.com/story/700805)

    According to the above CBS News report, and other similar reports, CBP is now claiming that sending Denahvi and his family home had nothing to do with Trump's entry ban order, but was because there was "additional paperwork" that needed to be completed in Iran.

    There was no indication as to what that "additional paperwork" might be.

    While there is no proof as yet that Trump's Muslim entry ban order was in fact the reason for Denahvi's being sent back, I cannot help being a reminded of a story, I believe it was by Ring Lardner, that I read many long decades ago about a shady character named "Lefty".

    According to the story (as I recall), the fact that Lefty was in Philadelphia over the weekend, and that there was a murder in Philadelphia during that weekend, did not prove that Lefty committed the murder, but one could not be sure about that either.

    The fact that a cancer researcher from a Muslim country whose work could without any doubt promote the safety and health of America's children was sent home without any clear or reasonable explanation, doesn't necessarily mean that Trump's Muslim ban was the real reason, but, along with reports that other scientific researchers from Iran, including a Harvard Medical School affiliated diabetes researcher, were barred under Trump's initial, since withdrawn and thoroughly discredited, Muslim ban order,

    http://globalnews.ca/news/3211942/ha...m-entering-us/

    and that entries to the US from Iran are now reportedly down and US visa interviews in Iran are being canceled and not rescheduled (see above Washington Post story), it certainly raises suspicions that the real reason for sending this accomplished scientist home was not primarily to enforce the laws of, or promote the security of, the United States, but to let as few Muslims into America as possible.

    That this might have been the real purpose for sending Dr. Dehnavi home would be consistent with Trump's numerous, consistent attacks on all Muslims (not just extremists) during the presidential campaign, and the anti-Islam, "Clash of Civilizations" ideology of some of his top presidential advisers, such as Stephen Bannon and Stephen Miller,

    http://www.motherjones.com/politics/...e-nationalist/

    as well as his former national security adviser Michael Flynn, (who resigned in disgrace for unrelated reasons).

    Flynn, notably, has called Islam a "cancer" rather than a religion.

    http://www.rightwingwatch.org/post/t...ng-a-religion/

    After Fkynn was forced to resign, Trump stated that he regretted firing Flynn and wished he were back in the White House.

    http://www.politico.com/story/2017/0...e-aides-238618

    It should not be hard for Dr. Dehnavi and his family, and everyone who cares about the health of our nation's children, to figure out the real reason why he was sent back to Iran, rather than being allowed into the US to conduct his potentially life saving medical research for one of America's top universities, pursuant to the terms of his valid visa.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com

    Updated 07-13-2017 at 10:27 AM by ImmigrationLawBlogs

  4. Border Patrol: Iranian Doctor Detained for Reasons Unrelated to Travel Ban

    by , 07-12-2017 at 05:30 AM (Matthew Kolken on Deportation And Removal)
    Via FOX News:

    The Iranian cancer researcher who was detained at Boston's Logan International Airport along with his family and sent back to his home country on Tuesday was not a result of President Trump's travel ban, a spokeswoman from U.S. Customs and Border Partol said.

    Stephanie Malin, the spokeswoman, said Moshen Dehnavi and his family were detained for “reasons unrelated” to Trump’s executive order. She said the stop was based on information discovered during the agency’s review. She did not elaborate.


    Click here for the rest of the story.
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