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  1. SEPTEMBER 2018 VISA BULLETIN: DON'T PANIC! ALL WILL BE FIXED ON OCT 1

    by , 08-08-2018 at 04:55 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    DON'T PANIC ABOUT THIS VISA BULLETIN!

    We invite you to read our FAQ on August and September Visa Bulletins.

    The Department of State has just issued the September 2018 Visa Bulletin. This is the final Visa Bulletin of Fiscal Year 2018. This blog post analyzes this month's Visa Bulletin.


    September 2018 Visa Bulletin

    Table A: Final Action Dates -- Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment.


    EB

    Class
    All Other
    CHINA
    INDIA
    MEXICO
    PHIL'PNES
    EB-1
    01JUN16
    01JAN12
    01JAN12
    01JUN16
    01JUN16
    EB-2
    01JAN13
    01JAN13
    01JAN07
    01JAN13
    01JAN13
    EB-3
    01NOV16
    01JUL14
    01JAN03
    01NOV16

    01NOV16

    Table B: Dates for Filing -- The DOS may work on applications with these dates. But the Visa cannot be approved until the date is current per Table A.

    EB


    Class
    All Other
    CHINA
    INDIA
    MEXICO
    PHIL'PNES
    EB-1
    C
    C
    C
    C
    C
    EB-2
    C
    01APR15
    22MAY09
    C
    C
    EB-3
    C
    01JAN16
    01MAY09
    C

    01JUL17

    MU Law Analysis (all references are to Table A unless noted)


    This Visa Bulletin retrogressed all categories several years. This is the Department of State's signal that all employment-based visas have been used for this fiscal year. This is normal and happen at the end of each fiscal year. The new fiscal year starts on October 1, 2018. This Visa Bulletin includes a note confirming that "the implementation of the above mentioned dates will only be temporary and in October, the first month of fiscal year 2019, the final action dates will be returned to those established for August."

    Accordingly, things will return to normal on October 1, 2018.

    Updated 08-12-2018 at 09:51 AM by CMusillo

  2. How Will Supporters of Trump's Authoritarian Control Over Immigration React When America Elects Muslim President With Same Broad Powers? Roger Algase

    ThinkProgress.org reports that in the state of Michigan, despite Donald Trump's attempts to demonize and stir up hatred against Muslim and Middle Eastern immigrants, there is a slew of candidates running for office this year with Muslim and Middle Eastern backgrounds, including many immigrants. That state might even be about to elect America's first Muslim governor, Democratic candidate Abdul El-Sayed.

    https://thinkprogress.org/michigan-d...-ec8660808a02/

    The above site reports:

    "A report by the Detroit Free Press ound at least 24 candidates running in Southeast Michigan are immigrants of first generation Americans. Half of them have roots in the Middle East or Arab countries, 8 are immigrants or the children of immigrants from South Asia and three have roots in Nigeria or Senegal."

    No one can predict, of course, how many of these candidates will win, but it does make it worth while to focus on the fact that, as America become more diverse despite Donald Trump's desperate attempts to turn this country backward 100 years to the time of whites only immigration, the United States could one day elect a Muslim president.

    In fact, I will go out on a limb and make a prediction that America inevitably one day will have a Muslim president - even if people in my generation (born during the presidency of Franklin Roosevelt) might no longer be around to see it or write ilw.com comments about it.

    In fact, according to many reports, there are already many millions of Americans, particularly in one of our two great political parties, who are convinced, as an unshakable article of faith, that we already have had a Muslim president - up until January 19, 2017 - by the name of Barack Obama.

    For younger readers, it may also be very easy to overlook how much a a fuss there was when the US elected its first Catholic president, John F. Kennedy, in 1962, less than 60 years ago.

    The prospect of a Muslim president, however, should make the same people who were so overjoyed when the Supreme Court, in Trump v. Hawaii in effect ruled only two months ago, that the current president has virtually the power of a dictator to ban Muslims from entering the United States merely by repeating the magic words "national security" often enough, step back and start asking themselves some questions.

    What happens, for example, if a Muslim president uses the same virtually unlimited authoritarian power which the Supreme Court gave Trump to favor, say Palestinian immigrants over Jewish ones from Israel, using Trumped up "vetting" pretexts or any other ones that come to hand.

    I am not saying that a Muslim president would do this - this is just a hypothetical example. My only point is that the same unlimited presidential powers over immigration which Trump's supporters are now demanding, or enabling, for him to use in order to keep America white, could also one day be used for other purposes that these same Trump supporters might be less than overjoyed about.

    Therefore, it would be useful to look at the rush to bestow authoritarian control over immigration - especially legal immigration - without seeking Congressional approval, on Donald Trump. or at his rush to grab such control - in more detail in order to see which path it could be leading our immigration system, and our democracy, along.

    This examination, which I will be continuing in forthcoming comments, can only begin in one place - Trump's furious attempt to use presidential power up to the hilt in order to reverse a half century of progress toward racial equality in our immigration system and turn this country back toward the whites only system that we had for 40 years beginning on 1924.

    A good staring points for this discussion is a January, 2017 Boston Globe article with a detailed history and analysis of the racial thinking which led to the infamous "Nordics - only immigration act of 1924 - and which is being repeated today by the Trump administration - only with Muslims, Africans and Latino immigrants as the main targets instead of the - in the bigots' own words - "inferior racial stock" Jews, Italians and Eastern Europeans of a century ago. See:

    Trump's anti-immigration playbook was written 100 years ago. In Boston.

    https://apps.bostonglobe.com/magazin...1/immigration/

    Another good starting point for this discussion is a June 25 Brookings Institution article:

    Trump reveals 'zero tolerance' for democracy.

    https://www.brookings.edu/blog/the-a...for-democracy/

    Both of these articles make clear that America cannot go down back down Donald Trump's long and well-traveled road of racial and religious bigotry and hatred as the basis of our immigration system, if we want to keep our now mortally threatened democracy.

    _______________________________
    Roger Algase, a New York immigration attorney and graduate of Harvard College anf Harvard Law Schhol who has been practicing in this field for 40 years. is a lawyer with two obsessions: obtaining legal visas and green cards for mainly skilled and professional immigrants; and writing about the dangers to America's immigration system and democracy from the current administration's pursuit of ethnic cleansing against non-white immigrants - both legal and unauthorized, as well as their American children.

    Roger's email address is algaselex@gmail.com









    Updated 08-11-2018 at 12:26 PM by ImmigrationLawBlogs

  3. Applying for a Green Card While Asylum Is Pending: Marriage to a U.S. Citizen

    If you add up all the people with pending asylum cases at the Asylum Offices, Immigration Courts, and Board of Immigration Appeals, there are over one million souls waiting in limbo. Many will be waiting for years. During that time, some applicants will inevitably become eligible to obtain legal status in the U.S. through other means. Here, I want to discuss the possibilities for a green card for those with a pending asylum case.

    We'll start with the easiest and most common path to a Green Card for asylum seekers already in the country: Marriage to a United States citizen. In a future post, I will cover other ways asylum seekers might obtain residency in the U.S., such as marriage to a lawful permanent resident, sponsorship by an employer, and the Visa Lottery.


    There are plenty of good-looking U.S. citizens just waiting to marry you!


    As a preliminary matter, I should say that the rules discussed here apply not only to spouses of U.S. citizens, but also to other "immediate relatives" of U.S. citizens. Immediate relatives are (1) spouses, (2) unmarried children of U.S. citizens where the child is under 21 years old, and (3) parents of U.S. citizens where the U.S. citizen child is over 21 years old.

    Second, I should note that under U.S. immigration law, same-sex marriage is allowed, and such couples are treated the same as heterosexual couples for purposes of immigration.

    With that out of the way, let's talk about obtaining a Green Card by marrying a U.S. citizen. Not everyone who marries a citizen is eligible to obtain a Green Card, but most people are. If you entered the country lawfully (usually with a visa), you have not been ordered deported, and you have no serious criminal issues, you are most likely eligible to adjust status (i.e., obtain your Green Card without leaving the U.S.) based on the marriage. Check with a lawyer to be sure you are eligible, as there is no sense starting the processing (and paying a lot of money), if you are not legally able to get your Green Card.

    Cases at the Asylum Office
    : The process of applying for a Green Card varies depending on whether you have a case pending with the Asylum Office or the Immigration Court. Normally, for Asylum Office cases, we file the I-130 (petition for alien relative), the I-485 (application for a Green Card), and accompanying forms and evidence with USCIS. This includes filing for a work permit and Advance Parole, which will allow you to work and travel while the Green Card application is pending (when you pay for the I-485, the fee includes these applications as well).

    If you are lucky, USCIS will process the case normally and you will get a Green Card. If the marriage is less than two years old, you will receive a Conditional Permanent Resident card that is valid for two years. Prior to the card’s expiration, you will need to file another form to obtain the lawful permanent resident card. If the marriage is more than two years old, you should receive the lawful permanent resident card, which is valid for 10 years. Once you have the temporary or permanent Green Card, you can inform the Asylum Office and close your case.

    Some Green Card applicants are not so lucky, and their cases get delayed. If that happens, we contact the Asylum Office and tell them about the pending Green Card. In some mysterious way, they sometimes help move things along (it may be that the Asylum Office has a file that USCIS needs to adjudicate the marriage case). If that doesn’t work, we can try withdrawing the asylum case to pursue only the Green Card case, but at least in my opinion, it is preferable to keep the asylum case alive until you have the Green Card in hand.

    Cases in Immigration Court
    : The process is different for people in Court (or before the BIA). For one thing, you don’t normally file the I-130 and the I-485 together. Instead, the U.S. citizen spouse files the I-130 petition alone. The purpose of this form is to get USCIS to “approve” the bona fides of the marriage (in other words, to agree that the marriage is true).

    In contrast to I-130 cases where the alien is not in Immigration Court, the burden of proof is higher, meaning you need to submit stronger evidence that the marriage is real. Technically, you are asking for a bona fide marriage exemption (USCIS suspects that people in Court may get married in order to avoid deportation, and so such cases are flagged for extra attention). In practice, while USCIS often asks for a formal declaration from the couple that the marriage is bona fide, the standard of evidence is not discernibly different than in “regular” I-130 marriage cases.

    Once the I-130 is pending, we typically inform the Court and give them a copy of the I-130, the supporting evidence, and the I-130 receipt. Depending on the stage of the case, we often ask the Immigration Judge for a continuance, so that USCIS has time to process the I-130 petition. If there is a processing delay from USCIS, we sometimes contact the DHS attorney and ask whether they can help facilitate the I-130, which they usually agree to do. This can sometimes magically move things along at USCIS.

    Once the I-130 is approved, we inform the Court and can then try one of two paths to get the Green Card. Either we ask the Judge to terminate proceedings so the person can “adjust status” (i.e., obtain a Green Card) with USCIS, or we ask the Immigration Judge to grant the Green Card in court. Often, the Immigration Judge will make this decision for you. But if you have a choice, you should know that there are advantages and disadvantages to each approach.

    If you decide to go with USCIS, which is probably the more common choice, the first step is to get the Judge to terminate proceedings (be sure that you get an order “terminating” proceedings, not an order to “administratively close” proceedings, which keeps jurisdiction with the Judge and blocks you from obtaining a Green Card from USCIS). When we tried this in the past, the DHS attorneys and the judges were amenable to termination, as that makes life easier for them. However, in a recent case, the DHS attorney would not agree to terminate proceedings until we completed the I-485 and provided proof that we paid the fee. The problem is, the fee has to be paid in a particular way for cases in Immigration Court. We paid the fee and received the receipt. After that, the case was terminated. We then tried to use the fee receipt to “pay” for the I-485. In the past, USCIS has accepted the fee receipt in lieu of payment, but this time, they refused, and so my client had to pay the fee a second time ($1,225!). Next time I have a case like this, I will ask that proceedings be terminated without the fee receipt, which will hopefully avoid the problem of paying double fees.

    Once the case is terminated, the applicant can adjust status with USCIS. It is pretty common to see delays in such cases, where the person was previously in removal proceedings. But ultimately, everyone who does this seems to end up with a Green Card, and it is easy to get a work permit and travel document (Advance Parole) while the case is pending with USCIS.

    Alternatively, you can ask the Judge to schedule an Individual Hearing to approve the Green Card in court. This can be faster (depending on the Judge’s schedule), and should avoid the problem of double fees, but it is more difficult to get a work permit while you are waiting (you can try to use the I-485 fee receipt to “pay” for the EAD, but as we found out, that does not always work). Also, you cannot travel outside the U.S. until the Green Card is granted (if a person in Immigration Court leaves the U.S., he has effectively deported himself). Once the Judge approves the Green Card, you will need to make an Info Pass appointment to obtain the physical card.

    Some Exceptions:
    Not everyone who enters the country illegally, or who has a criminal conviction or a deportation order, is ineligible to get a Green Card through marriage to a U.S. citizen. However, if you fall into one of these categories, you would want to talk to a lawyer about your eligibility.

    For people who entered illegally, there is a law called INA 245(i) that allows certain people to pay a fine and obtain their Green Card despite the unlawful entry. To qualify, you would have had to be present in the U.S. since at least December 20, 2000 and have had a family member or employer file an immigrant petition or labor certification for you (or possibly a parent) prior to April 30, 2001. There are other requirements too, and so you would want to discuss the specifics of your case with a lawyer. Also, potentially you can leave the U.S. with a provisional waiver and obtain your Green Card overseas. This can also be problematic, especially for asylum seekers who cannot go to the U.S. embassy in their home country, and so you would want to check with a lawyer before trying this option.

    For people with a criminal conviction, there are possible “waivers” available. A waiver is basically a form (usually with a steep fee) that asks the government to forgive your crime and allows you to obtain your Green Card. Many waivers require that you have citizen or resident relatives (parent, child or spouse) in the U.S. and that the relative(s) show that they would suffer some type of hardship if you were deported. Again, you would want to talk to a lawyer about this.

    People with a deportation order, or some other type of immigration issue (such as the J-1 two-year home residency requirement) might also be eligible to adjust status. But especially for people with a deportation order, it is very important to talk to a lawyer. Part of the Green Card process involves an interview with USCIS, and there have been many recent examples of people with deportation orders being detained by ICE at their I-130 interviews. A lawyer can’t stop you from being detained, but she can evaluate the likelihood of a problem, and help you weigh that risk against the possibility of a successful outcome.

    For most asylum seekers who marry a U.S. citizen, the likelihood of obtaining a Green Card is quite high. However, the process can be bureaucratically challenging. For all these reasons, if you can afford a lawyer to get you through the system, that is probably a good idea.

    In a future post, I will discuss some other paths to residency for asylum seekers, Stay tuned.

    Originally posted on the Asylumist: www.Asylumist.com.
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