Archive for June 29, 2007

BEING YOYO’D LIKE SECOND-CLASS NON-CITIZENS: JULY EMPLOYMENT BASED NUMBERS MAY NOT BE AVAILABLE AFTER ALL

The DOS may revise its July visa bulletin and make all or some of the EB categories unavailable for July as early as Monday or Tuesday of next week. Should this occur, the literally thousands of people who are trying to immigrate LEGALLY will have been taken for a ride. When the July visa bulletin came out mid-June, competent immigration lawyers were advising their clients to get their medical examinations, passport photos and questionnaires ready to proceed and file in a timely manner (before the end of July).

Should the CIS reject those cases that will be filed based on the DOS Visa Bulletin (which according to the existing regulations and memos they should accept) lawsuits will be filed against the agencies, but how will that help those who “played by the rules”? They can get back in line. This system is a miserable failure.

Those whose cases are rejected may be able to join a class-action that may be filed by AILF if cases end up being rejected if and when the State Department amends its July visa bulletin. Stay tuned.

RETROGRESSION MAY RETURN SOONER THAN WE THINK

According to the July Department of State Visa Bulletin, Employment-Based visa numbers for all categories (except other workers) are current for July.  However, there is now speculation that the USCIS may determine that numbers are unavailable before the end of July.  This is based on the CIS rejecting I-485 applications in June for the other workers category with priority dates before October 1, 2001 that were filed after June 5, 2007 because the CIS determined that the number of available visas had been exhausted by that time.

This means that we will be rushing to try to file I-485 cases as early as possible in July to increase the chances that these cases will be accepted for processing.  The American Immigration Lawyers Association hasx written a letter to the CIS advising the agency that AILA believes their actions in June were unacceptable and contrary to existing regulations and CIS Field Guidance Memos.

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