Tag Archives: family immigration

October Visa Bulletin

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October Visa Bulletin: Rollback and Lawsuit

The past week of the Visa Bulletin has been a whirlwind. Thousands of individuals waiting in line to file for their Permanent Residence thought they had finally become eligible to file through a modernized October Visa Bulletin that the State Department released on September 9. Instead on September 25, the State Department issued a revised Bulletin that undid the changes of the original Bulletin. The consequence is that thousands of individuals, especially those in the EB-2 category with Chinese and Indian chargeability, are no longer allowed to file for Green Cards this month. Thousands of individuals with approved PERM cases and Permanent Residence eligibility are in no man’s land and uncertain as to when they will be able to file.

The rolled back filing dates on the September 25 Visa Bulletin look like this:

EB-2 China – 1/1/2013 – rolled back 17 months

EB-2 India – 7/1/2009 – rolled back 2 years

EB-3 Philippines – 1/1/2010 – rolled back 5 years

FB-1 Mexico – 4/1/1995 – rolled back 3 months

FB-3 Mexico – rolled back 17 months

The modernization of the Visa Bulletin was to include filing date eligibility alongside priority dates. Previous visa bulletins only showed the priority dates. The priority and filing dates are calculated by the available allotment of Green Cards, as there are percentage restrictions for each category (for example, 28.7% of employment-based Green Cards come from EB-1). In November 2014, President Obama announced that he and his administration were taking executive action to modernize the visa system. The Visa Bulletin released on September 9 was supposed to represent the modernized visa system.

Private attorneys have filed a class action lawsuit (Mehta v. DOS) in the Western District of Washington to prevent the filing dates from the revised Bulletin from superseding the original Bulletin’s dates. It essentially seeks to reinstate the filing dates from the original October Visa Bulletin. They have filed the complaint and appeared in court to request a Temporary Restraining Order on the revised Bulletin. A decision is expected today. Representatives Zoe Lofgren and Mike Honda represent the San Jose and Silicon Valley districts and have released press statements against the revision, encouraging the Department of State “to provide discretionary relief to those affected.” They also applaud the efforts of the class action suit.

For now, the thousands of individuals who thought they were finally eligible to file for their Green Cards will have to continue their waiting.

Immigration Polling

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Recent Poll Shows Immigration a Top Priority

 

Immigration as an overarching broad issue has become a centerpiece of presidential candidates vying for their parties’ nominations. Different immigration plans and statements have been bandied about over the past few months. The focus on immigration seems to be well warranted, not only from a policy-based perspective, but also from a practical voter-based perspective. After all, an election is about convincing the most number of voters to vote for you, both in the primary and in the general election.

New polling information conducted by Gallup indicates that focusing on immigration is crucial for garnering votes. The polling information shows that 20% of US voters will ONLY vote for a candidate who shares their views on immigration. Another 60% of US voters have indicated that immigration as a general topic will be one of their important considerations in deciding on a candidate.

The groups of voters who consider immigration higher among their concerns are Republican registered voters, first- or second-generation immigrants, and Hispanics. Immigration as an electoral concern can mean a million different things. It can encompass H-1B visas, increasing employment immigration, ensuring more border security, integrating immigrants into the United States, etc. One manifestation of immigration this primary election cycle has been the issue of birthright citizenship. The United States is exceptional in providing birthright citizenship through the 14th Amendment (being born in the United States confers United States citizenship, regardless of who the parents are). The elimination of birthright citizenship as a way of dealing with undocumented migrants has received more attention than usual.

These kinds of polls are a mainstay in electoral politics and similar polls will likely be released weekly in the lead up to the primaries early next year and into the general election. The nation’s pulse is on immigration in way that could affect the election. Whether that leads to actual legislative or policy changes remains to be seen. Immigration has been an important issue in the 2004, 2008, and 2012 general elections, but the DREAM Act has remained a legislative proposal and nothing more since 2001.