NBA & Chinese New Year

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NBA Celebrates Chinese New Year

The NBA is proactive in celebrating the rich diversity of the United States, with Black History Month, Noche Latina, and Chinese New Year. The NBA is truly an international league, and it embraces the many nationalities represented in its players and fan base. The Bay Area has a large Asian-American population and to celebrate last night, players wore from both the Houston Rockets and the Golden State Warriors wore uniforms with the team names in Chinese characters. The Houston Rockets, of course, was the team of Yao Ming, the first Chinese star in the United States.

Stephen Curry, James Harden, and Taiwanese-American Jeremy Lin are featured in this Dining Room table commercial, promoting the NBA’s celebration of Chinese New Year.

March 2016 Visa Bulletin

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March 2016 Visa Bulletin Released

EB-5 pilot program

The Visa Bulletin for March was just released by the Department of State. EB-2 India moved forward ten weeks after taking a quantum leap in the February 2016 Bulletin. EB-2 China jumped ahead by five months in comparison to last month. EB-3 China, India, and Philippines remain far behind. Many Family Based categories remain far behind currency, but the F2A category is doing very well at June 15, 2015. F2A is for Permanent Residents who file for their spouses and unmarried children under 21 years of age.

Whereas a US Citizen can file for his spouse or unmarried child under 21 years of age and consider them to be an immediate relative (meaning that an immigrant visa is immediately available and consular processing is not required abroad), a US Permanent Resident must go through consular processing abroad and wait for currency date. An approved family-based petition in the F2A category from before June 15, 2015 means that it is available for an immigrant visa. This could be a compelling reason for a Permanent Resident who is eligible for US Citizenship to become a citizen and file for her spouse or unmarried child.

Happy Chinese New Year!

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Happy Chinese New Year!

Welcome to the Year of the Monkey!

Chinese New Year celebrations kick off today! The holiday is sacredly celebrated in China, and it is also well represented in the United States. Many cities are celebrating China’s most important holiday. The National Basketball Association is also celebrating.

The holiday has both mythical and historical origins. The historical origins are agricultural and the mythical origins relate to a village fighting a dragon. The dragon is a staple of Chinese New Year celebrations. There are 12 animals for the 12 years in a cycle, and each year ushers in the year of that animal. This new year celebrates the Year of the Monkey.

Chinese immigration to the United States has a rich historical tradition. Unfortunately, it is also laden with some of the most unfortunate decisions in immigration law history. Many laborers on the transcontinental railroad came from China and settled throughout the country in the 19th century. Enclaves of Chinese settlements formed, but fears of their immigration provoked Congress to pass the Chinese Exclusion Act of 1882. The law forbid Chinese immigration to the United States. Subsequent Supreme Court cases stripped Chinese Americans of their rights to travel and be American, even going so far as to revoke citizenship and preventing Chinese Americans from returning to the United States.

 

Asylum Interviews Wait Time

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The Backlog Continues: Long Wait Times for Asylum Interviews

Affirmative asylum is an important part of the US immigration system, in which people fleeing persecution in their home country can seek protection in the United States. Asylum is an ancient concept, in which persecuted peoples sought sanctuary in religious places. The number of granted asylum cases is limited and the number of applicants is high. The asylum offices are swamped with the number of cases that they are adjudicating. That is apparent through the release of the most recent backlogs. Here are the current wait times.

The Asylum Division held a meeting for stakeholders today. The blog will share information from the meeting once the minutes are released.

Asylum can also be obtained from an Immigration Judge in immigration court.

No Appeal for Visa Revocation

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No Appeal for You:

1st Circuit Court Says No Visa Revocation Appeal 

The US Court of Appeals for the First Circuit decided that judicial review is precluded concerning the revocation of visa petition approvals. The Attorney General and Secretary of Homeland Security have the discretionary power to revoke visa petition approvals and to do so without the affected party (parties) having an appeal process.

The First Circuit is the eighth circuit court to rule in this way. It concurs with the majority of the circuit courts in the country, with the reasoning that the statute is unmistakably clear. It is a clear manifestation of Congressional intent that a visa can be revoked without appeal.

Many consular decisions do not have an appeals process. For example, someone who has a visa petition denied under INA 214(b) does not have the ability to appeal that decision. That person just needs to try again with a new petition.