Green Cards Not Delivered

Whoops: Green Cards Sent to Wrong Address

EB-5 pilot program

The Washington Post has reported a recent malfunction, resulting in USCIS sending hundreds of Permanent Resident (Green Cards) to incorrect addresses. This causes all sorts of headaches, involving USPS and USCIS, and unnecessary delays. It is important to make sure that you are updating your address with USCIS (and if applicable, the Immigration Court and Immigration and Customs Enforcement) whenever you move.

USCIS switched over to the ELIS system in 2012 for delivering Green Cards. A report from the Inspector General of the Department of Homeland Security notes that the number of incorrectly sent Green Cards has increased since then.

April 2016 Visa Bulletin

April 2016 Visa Bulletin Released

It is that time again: The April 2016 Visa Bulletin has been released by the Department of State. You can find all of the final action dates and filing dates posted for Employment- and Family-Based categories.

The expected jump did not come for EB-2 India category. Charlie Oppenheimer had predicted 3 month leaps, but we will keep our eyes peeled for that leap in May.

There was only slight movement in the Family-Based categories.

The reason that there are limits and cutoff dates is because there is a limited allocation of immigrant visas, prescribed by country, category, and preference. Here is the State Department’s explanation of calculations:

  1. Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by March 9th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored.

  2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

Asylum Interviews Wait Time

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.

Presidents Speaks at Naturalization

President Obama Speaks at Naturalization Ceremony

Resources for Immigrants

The anti-immigration rhetoric has been vociferous in recent months, largely emanating from presidential candidacies. The usual course of discussion over immigration in recent years has been policymaking and legislation for unauthorized migrants. There are 11-12 million unauthorized migrants in the United States. They either entered the country without authorization or they entered legally but remained past their legal limit. The Deferred Action for Childhood Arrivals and Deferred Action for Parents of Americans programs that President Obama initiated through executive order have sought to address immigration issues through the executive branch. The legislative branch has not been able to agree on comprehensive immigration reform.

 

In contrast to proclamations of immigration bans and restrictions, President Obama spoke at a naturalization ceremony in Washington DC, where people from 25 different countries took the oath to become American citizens. President Obama was there to commemorate the journey that those individuals had to take to become American citizens, on the 224th anniversary of the Bill of Rights. The president had many remarkable statements about immigration and immigrants:

Just about every nation in the world, to some extent, admits immigrants. But there’s something unique about America. We don’t simply welcome new immigrants, we don’t simply welcome new arrivals — we are born of immigrants. That is who we are. Immigration is our origin story. And for more than two centuries, it’s remained at the core of our national character; it’s our oldest tradition. It’s who we are. It’s part of what makes us exceptional.

 

The first refugees were the Pilgrims themselves — fleeing religious persecution, crossing the stormy Atlantic to reach a new world where they might live and pray freely. Eight signers of the Declaration of Independence were immigrants. And in those first decades after independence, English, German, and Scottish immigrants came over, huddled on creaky ships, seeking what Thomas Paine called “asylum for the persecuted lovers of civil and religious liberty…

 

We can never say it often or loudly enough: Immigrants and refugees revitalize and renew America.

January Visa Bulletin Released

January Visa Bulletin Released

 

The January Visa Bulletin was released yesterday by the State Department. The January bulletin preserves the action date and filing date framework, instructing potential applicants when they are eligible to file for green cards. For example, for the Employment-Based 2 category of India, the filing date is July 1, 2009 and the action date is February 1, 2008. That means someone who has an approved I-140 in that category before July 1, 2009 is eligible to file, but that someone with a priority date before February 1, 2008 is current. This bifurcated system is based off predictions and is intended to assist applicants and be more efficient with immigrant visas.