Precautions for Immigrants and Green Card Holders Under Stricter Immigration Policies

 

Photo: Markus Winkler

By Paul Szeto LLC            

The new Administration has adopted increasingly stringent immigration policies and enforcement practices. Whether you are a new immigrant, a green card holder, or someone in the process of applying for a green card, understanding and following the rules is more important than ever. Even lawful permanent residents (LPRs) face potential risks if they fail to meet certain legal and procedural requirements.  Here are key precautions and steps immigrants should take to protect their status:

Avoid Prolonged Absences from the U.S.

Spending extended periods outside the U.S. (typically more than 6 months) may be seen as abandoning your green card. If you must travel, keep trips under six months when possible. For longer stays, apply for a Reentry Permit as early as possible.  The processing time now is about 14 months.  You should also maintain ties to the U.S. including a residence, employment, bank accounts, and tax filings. 

File Your Taxes Correctly and On Time

Failure to file U.S. tax returns or falsely claiming non-resident status can raise red flags. In general, always file as a U.S. tax resident if you're a green card holder.  You should report world-wide income too.  Avoid claiming tax benefits (like foreign earned income exclusions) that conflict with your residency status.

Avoid Criminal and Immigration Violations

Even minor infractions can have severe immigration consequences. Be especially cautious with DUI or drug offenses, domestic violence, and fraud (e.g., marriage, employment, or benefit fraud).  If you’re charged or arrested, consult both a criminal defense lawyer and an immigration attorney immediately.

Keep Your Immigration Records in Order

Keep copies of your green card, visas, I-94 records, I-20s, and other key immigration documents.  Report address changes to USCIS within 10 days using the Form AR-11). Willful failure to report address change is a ground for deportation.  Renew your green card on time (every 10 years or upon expiration).

Be Cautious on Social Media and Public Statements

Immigration officers may review public social media activity when adjudicating visa, green card, and naturalization applications. Avoid posting political or inflammatory content that may suggest violence or anti-government sentiment.  Also avoid posts that would suggest unauthorized work or conflicting lifestyle claims.

Consider Naturalization If Eligible

Becoming a U.S. citizen provides the strongest protection against removal or deportation. If you’ve had your green card for at least 5 years (or 3 years if married to a U.S. citizen), and meet residency and good moral character requirements, applying for naturalization is a wise step.

Stay Informed and Seek Legal Help When Needed

Immigration policy can shift quickly. Regularly check updates from reliable sources or subscribe to alerts from Immigration Blogs or USCIS. If you're unsure about how a policy may affect you, consult a qualified immigration attorney rather than relying solely on online forums or hearsay, as policies change regularly. 

Conclusion

In a time of increased scrutiny and evolving immigration rules, staying informed and proactive is essential. Green card holders and immigrants alike should protect their legal status by avoiding common pitfalls, maintaining strong ties to the U.S., and seeking citizenship if eligible. The margin for error is smaller than ever, but with preparation and care, you can safeguard your future in the United States.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Reconciliation Bill: Recapture of decades of Immigrant Visas / Advance I-485 Filing with Fees

Last week, a House Judiciary Committee approved the language of some immigration provisions to be included in a budget reconciliation bill. These provisions, if passed into law, will provide signficant and far-reaching changes to the current immigration system.  The most important provisions include: 

• Allows individuals with humanitarian/temporary immigrant status and some undocumented essential workers to obtain permanent resident status ("green card").  Individuals in TPS and DACA ("Dreamers") are covered by these provisions.

• Provides a path to citizenship after 3 to 5 years for the above individuals.

• Recaptures of unused immigrant visa numbers from FY 1992 until FY 2021.

• Allows family-based and employment-based immigrant visa applicants to submit the Form I-485 application to adjust status by paying additional fees ($1500 for the prinicpal applicant and $250 for each dependent) even though their priority dates are not yet current.

• Allows immigration visa applicants to pay supplemental fees to adjust status to become permanent residents if their priority dates are not current after waiting for at least two years, regardless of the worldwide and per-country visa caps.  The supplemental fees are $2,500 for family-based I-485 applicants; $5,000 for employment-based I-485 applicants (EB-1 to EB-3); and $50,000 for EB-5 employment creation (investment visa) applicants

• Restores the Diversity Visas for applicants who were selected in the diversity visa lottery but were denied visas due the immigrant travel bans and other disruptions due to COVID-19.

Each of these immigration provisions, even if viewed individually, is profoundly significant and could affect the lives of hundreds of thousands of individuals. 

Although the media's attention has been drawn to the provisions regarding legalizing the undocumented and providing them a path to citizenship, the other provisisons affecting legal immigration are equally important. 

For instance, the proposal to recapture unusued visa numbers for the past 19 years or so will speed up the green card application process for countless visa applicants. Just for FY 2021, Charlie Oppenheim, Chief of the Immigrant Visa Control and Reporting Division of the U.S. Department of State, estimated that 150,000 of family preference visas and 100,000 employment-based visas were unused. 

For many high-tech workers who have been working in the U.S. on the H-1B visas, the provisions allowing them to file for the I-485 adjustment appliants in advance will offer them stability in life and peace of mind.  

However, it is important to note that these immigrantion provisions are still a few steps from becoming reality. 

These immigration-related provisions are squeezed in a budget reconciliation bill, which is designed for tax and spending purposes only.  The bill and its provisions must be reviewed and approved by the  Senate Parliamentarian before it can be presented to the Senate for a vote.  Proponents of the bill are making strong arguments that these provisions will tremedously improve our GDP and tax revenues. Interestly, the current Sentate Parliamentarian, Elizabeth MacDonough, actaully has a strong background in immigration issues. She previously served as a trial attorney for the Department of Justice handling immigration cases in New Jersey. Ms. MacDonough and her staff must review all the provisions of the bill and determine if they meet the requirements of the Senate rules and precedents. 

Assuming the bill is sent to the Senate for a vote, it only requires a simple majority of 51 votes to pass. Stay tuned for further development. 

Update:  Senate parliamentarian rules against inclusion of the immigration provisions in the reconciliation bill late last night.  Hence, these immigration provisions will not be voted on by Senate. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

Biden Proposes US Citizenship Act of 2021

President Biden has promptly proposed a sizeable bill that would overhaul current immigration policy. The bill, US Citizenship Act of 2021, focuses on improving protection and assistance for families and vulnerable migrants such as asylum seekers.  It also emphasizes family reunion, attracts foreign skilled workers, and protects children from aging out.  Below is an overview in outline format.  (Note: This is only a proposal and has not been passed into law. )

Path to Citizenship

1) Undocumented immigrants can apply for temporary status and then for their green card after 5 years if they pass background checks and pay taxes.

2) Temporary Protected Status (TPS) individuals, DACA Dreamers, and certain farmworkers physically present in the U.S. on or before January 1, 2021 will gain permanent residence immediately.

•     They can then apply for citizenship after 3 years.
•    The physical presence requirement can be waived for those deported on or after January 20, 2017 and who were physically present for at least three years before removal.

Family-Based Immigration

1) Per-country visa caps will be increased and unused visas recaptured.

2) Family members with approved petitions can enter and wait in the U.S. for a visa number to become available. 

3) Gets rid of the 3 and 10-year bars and similar rules. 

4) Explicitly includes permanent partnerships and LGBTQ+ families. 

5) Protects orphans, widows, children, and Filipino veterans who fought alongside the United States in World War II.

Employment-Based Visas

1) Eliminates per-country visa caps and recaptures unused visas.

2) Secures Employment Authorization Document (EAD) for H-4 dependents.

3) Facilitates foreign graduates with advanced STEM degrees to stay in the United States.

4) Improves access to green cards for workers in lower-wage sectors.

5) Protects children from "aging-out" for immigration benefits.

6) Authorizes DHS to adjust green cards issuance based on macroeconomic conditions, and incentivizes higher wages for non-immigrant, high-skilled visas.

Foreign Worker Protections

1) Grants victims of labor violations easier access to U visas.

2) Protects workers from deportation as a form of workplace retaliation.

3) Increases penalties for employers violating labor laws. 

Diversity Visas (Visa Lottery)

1) Increases diversity visa numbers from 55,000 to 80,000.

Border Protection and Accountability

1) Increases accountability of Customs and Borders Patrol (CBP) officers conduct.

2) Directs Government Accountability Office (GAO) to investigate DHS' authority to bypass environmental and state law when building walls.

3) Increases funding for officer training and standardizing proper treatment of people in custody.

4) Makes it easier to prosecute criminals in smuggling and trafficking rings that take advantage of migrants.

5) Increases intelligence efforts and sanctions on narcotic traffickers and their associated groups

6) Promotes anti-gang task forces in Central America.

Protections for Asylum Seekers and Others

1) Reduces asylum backlogs through funding.

2) Eliminates one-year deadline to file asylum claims.

3) Increases U visa cap from 10,000 to 30,000. 

4) U, T, VAWA visa applicants and those that assist U.S. troops gain more protection.

5) Gives immigration judges and adjudicators more discretion to review cases and grant relief.

6) Creates processing centers in Central America to help settle displaced people.

7) Funding for government and NGOs programs to help integrate displaced migrants.

This most notable part of this proposal is the opportunity of permanent residence and citizenship that would be available to undocumented, DACA, and TPS migrants. 

Of course, the proposal has to pass through Congress first -- and if it does, the final version will likely be much different. Conservative Congressional members are expected to oppose or block the proposal especially in regards to the "legalization" or "amnesty" provisions. 

"Fairness for High-Skilled Immigrants Act of 2020" passed by Senate

Remember the controversial S. 386 bill that was kicking around before COVID paralyzed the United States?  Apparently, after some behind the scene negotiations and compromises, a revised version of bill was passed by Senate today by unanimous consent.  It is actually the H.R. 1044 bill from the House with some additional provisions and changes.  

This new version of the bill, entitled “Fairness for High-Skilled Immigrants Act of 2020,” still keeps the key provisions of the previous version regarding elimination of the per-country cap when allocating employment-based immigrant visa numbers.  

New provisions were added to the bill, including some new restrictions and some benefits:

• Allow applicants and their dependents who have approved I-140 visa petitions for at least two years to file for I-485 adjustment of status, regardless of priority date.

• Preserve the eligibility of minor children for adjustment of status one they have summitted the I-485 application, even after they have reached the age of 21. 

• Restrict the number of adjustment applicants who have held H-1B / H-4 status within the last 2 years to 50% of the annual employment visa quota.   Medical professionals and individuals granted national interest waivers are exempt from this cap.  During the transitional period (first 9 fiscal years), the cap will be set at 70%.  Also unused employment visa numbers can be used by H-1B/ H-4 applicants.

• Prohibit adjustment of status to any individual who is “affiliated with the military forces of the People’s Republic of China or the Chinese Communist Party”.

• Impose employer requirements.  Employers would be required to post job openings before sponsoring an H-1B worker.  They must also submit W-2 pay statements of former H-1B workers to prove compliance. 
  
  
• Employers with 50 or more employees in the United States that have a workforce made up of more than 50% H-1B or L-1 workers would not be allowed to sponsor new H-1B petitions, except to file for petitions to extend H-1B status or transfer employees.  

The House must also pass the bill or a modified version before the bill can be sent to the President for signature.  Timing is tight as this Congressional session will end on 12/18/2020.   If not passed in this session the bill must be re-introduced again next year. Given the current fluid political dynamics and other legislative priorities, it is difficult to predict the chances for the bill to become law.  Stay tuned for further updates. 

RELIEF ACT - The Boldest Immigration Proposal in Recent Years

Once a while, you do get a nice surprise while browsing through the myriad of daily emails, news updates, briefings, etc.  The surprise came yesterday when I was reading the new RELIEF ACT (S. 2603) drafted by Senator Dick Durbin of Illinois.  The proposed law - Resolving Extended Limbo for Immigrant Employees and Families Act - is one of the boldest immigration proposal that any legislator has put on the table in recent years.  

Senator Durbin was actually the lobbying target during the last few weeks regarding another pending Senate Bill S. 386, which eliminates the per-country cap for employment-based immigration visa categories.  Senator Durbin single-handedly held up the unanimous Senate consent vote on S. 386, thus blocking its passage in September.  A few weeks later, Senator Durbin came up with a bill - if passed - that can actually solve the longstanding problem of immigrant visa backlog. 

The RELIEF ACT proposes the following changes in the immigrant visa system:

• Stop counting the children and spouses of legal permanent residents against the immigrant visa cap. This is to be achieved by counting the children and spouses as "immediate relatives", like with petitions by citizens, and not subjecting derivative beneficiaries to the annual visa cap for employment-based petitions. This would free up many visa numbers that are counted toward the annual visa quota.

• Put protection in place for children who "age out" of their category while waiting for visas to become available. The backlogs mean many visa applicants must wait for years to get their green card. This has proved problematic for their children, who can reach 21 years-old before then and become ineligible as derivative beneficiaries.

• Get rid of country caps for immigrant visas, as proposed in H.R. 1044. Durbin also proposes to extend the "hold harmless" clause from H.R. 1044. This would mean continuing to distribute visas in their current order to those who have approved immigration petitions for a five-year period after enactment.

• Eliminates the current backlogs of immigrant visa cases.  Most strikingly, RELIEF ACT plans to eliminate the current backlogs of family-based and employment-based immigrant visa petitions over a five-year period.  Although not explicitly stated in the Act, this would mean temporary increases in the number of available immigrant visa numbers. 

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Durbin's ambitious proposal strikes at the core of the immigrant visa backlog issue. Whether we will get to observe its effects on the backlog depends on how it fares in the legislative process. Past bills have proposed similar changes but did not make it through Congress. Even if it passes in the House and Senate, there is still a strong possibility of President Trump vetoing it. His immigration policy has been one of enforcement rather than relaxation. We must wait and see if the bill passes.  However, at least for now, the bill offers a glimpse of hope for many visa applicants.

House Republicans: Immigration Reform is still on the Table

Recently, House Republicans made efforts to reach out to the Latino community and offered renewed pledges that the House will once again pick up immigration reform this year, according to the Washington Post.  These efforts by Republicans rekindled new hope among immigration advocates that immigration reform could still be possible this year to allow the nation’s 11 million undocumented workers and students to have a way to be legalized.

In June, the Democratic-controlled Senate passed a bipartisan plan that contains a multi-year path to citizenship for immigrants who are present in the country illegally. However, the plan was obstructed by the Republican-controlled House, and immigration reform has been viewed by some as being dead on arrival.  Since then, negotiations on immigration between the parties have broken down.

The recent signals by the House Republicans suggest that there may still be a chance that some sort of immigration reform will get passed this year.  Some key GOP leaders have signaled that the House is willing to move forward on legislation that could bring immigration back to the negotiation table.

For example, Judiciary Committee Chairman Bob Goodlatte (R-Va.) disclosed  that his panel is working on four new pieces of legislation dealing with border-control laws.  Mr. Goodlatte emphasized the need “to resolve the status of people living in the country illegally,” without disclosing further details.

There are also reports that Mr. Goodlatte and Majority Leader Eric Cantor (R-Va.) are working on a bill that would grant legal status to young people who were brought to the country illegally by their parents, something similar to the DREAM ACT.   Even so, Goodlatte emphasized that  he does not support a “special path” for citizenship that would give preferential treatment to individuals who entered the country illegally over other legal immigrants.

Immigrant dvocates believe that a comprehensive immigration plan passing the House and Senate remain only a remote possibility.  In fact, more likely than not, House Republicans will prefer to pass a series of “smaller bills” that would tackle different immigration issues individually.  The Obama Administration, on the other hand, insists that any immigration reform must be comprehensive rather than piecemeal.  In fact, this has become be the major roadblock for comprehensive immigration reform this year.

There are also other pressing matters that the federal government has to deal with, including budget, debt ceiling, health care reform, etc. These other issues could take precedence over immigration.  For example, a government shutdown is imminent on October 1 if the budget talks fail in Washington.

If immigration reform law is not passed by the end of this year, the issue will become more complicated in 2014, when lawmakers are running for reelections.  Rather than speaking as one voice, they will be more concerned about their own elections and constituents, hence making immigration reform even more unpredictable.

New Guidance on Adoption for Immigration Petitions

The U.S. Citizenship and Immigration Services (USCIS) has issued new guidance on the requirements of adoption for immigration purposes under the Immigration and Nationality Act (INA).   Under U.S. immigration law, children may receive benefits based on their relationship to their parents. For instance, a U.S. citizen or lawful resident may petition for his children under the age of 21 for immigration.  Children may also indirectly derive benefits through their parents in other situations. For example, when a U.S. citizen's immigrant visa petition filed on behalf of a sibling gets approved, the sibling's minor children may also immigrate with their parent.  Similarly, children may also derive immigration benefits through their parents in other types of applications including political asylum, refugee status and naturalization, if other requirements are met.  The policy is to foster family unity.

Adoption becomes an important issue because adopted children may also receive immigration benefits like naturally born children.  The key is that the underlying adoption must be legally valid.   Generally speaking, the INA authorizes three different ways for an adopted child to be treated as a naturally born child of their parent for immigration purposes pursuant to INA section 101(b)(1).  First, adoption is valid when the adoptive parent(s) have two years of legal custody and joint residence over the child, in addition to other requirements.  The second way is when children are coming to the United States as 

“orphans” from countries that have not ratified the Hague Adoption Convention, if they have been adopted, or are coming to the United States to be adopted, by U.S. citizen(s).  The third situation is when children are coming to the United States who have been adopted, or are coming to the United States to be adopted, by U.S. citizen(s) under the Hague Adoption Convention. 

In a recent policy memorandum issued by the USCIS on November 6, 2012, the government agency provided new guidance on the issue of adoption.  In order for an adoption to be valid for immigration petitions, an adoption must satisfy three important requirements:  "(1) Be valid under the law of the country or place granting the adoption; and (2) Create a legal permanent parent-child relationship between a child and someone who is not already the child’s legal parent; and (3) Terminate the legal parent-child relationship with the prior legal parent(s)."    This memorandum is binding on all USCIS officer for the purposes of adjudicating immigration petitions. 

Since the INA does not define "adoption", the only guidance was provided by the Board of Immigration Appeals (BIA).  BIA has previously held that an "adoption" is valid only if it: "1. Terminates the legal parent-child relationship between the child and any prior parent(s); and 2. Creates a permanent legal parent-child relationship between the child and the adopter. "  The BIA's interpretation of adoption has been adopted by the USCIS.  

The requirements listed in the new guidance applies to every benefit request and application based on an “adopted child” relationship under INA section 101(b)(1)(E), including, but not limited to:  Form I-130;  Form I-730;  Form N-600;  Form N-600K; or "a claim to eligibility for an immigrant or nonimmigrant visa or classification as a derivative under INA section 203(d)." 

The memorandum clarifies that a child “coming to the United States for adoption” may also qualify as an orphan or as a Hague Convention adoptee under INA.  Hence, even if an adoption does not meet the three requirements listed in the memorandum, the child may still establish that the prospective adoptive parents have legal custody to bring the child to the United States for adoption under INA.

The memorandum also provides other tips in filing an adoption-based petition.  For example, it comments that even if a petitioner is not the birth parent, a child may also qualify as the child of the principal refugee or asylee.  In other situations, a step parent-child relationship may be a more preferable way of petitioning for a child whose parent has re-married a U.S. citizen.  For Hague Convention Adoption,  it is also a good idea for the petitioner to obtain the written statement from the "Central Authority" of the other Hague Adoption Convention country before applying for an adoption order in the United States. Even if a written statement is obtained afterwards, it can still be used to resolve any jurisdictional issues of the adoption court. 

The new guidance is implemented through amendments of the related sections of the Adjudicator's Field Manual (AFM). The new guidance applies to all both domestic adoptions and international adoptions of non-U.S. citizen children.  Similarly, all adoption-related immigration benefits are also covered.  We welcome the new guidance as it provides important guidelines for both prospective adoptive parents and USCIS officers in handling adoption situations. 

Republican's version of the DREAM Act reported

A copy of GOP’s version of the DREAM Act, called the ACHIEVE Act, was obtained by the Daily Caller:

Essentially, the proposal involves several tiers: W-1 visa status would allow an immigrant to attend college or serve in the military (they have six years to get a degree). After doing so, they would be eligible to apply for a four-year nonimmigrant work visa (also can be used for graduate degrees.)
Next, applicants would be eligible to apply for a permanent visa (no welfare benefits.) Finally, after a set number of years, citizenship “could follow…”
Below are a few of the details being floated to be eligible for the W-1 visa:
- “Applicant must have lived in the U.S. for five year’s prior to the Act’s enactment”;
- Must have entered the country before age 14
- Must have good moral character
- “Applicant must not have committed a felony, must not have committed more than one misdemeanor with a jail term of more than 30 days, must not have committed a crime of moral turpitude, and must not have a final order of removal pending”‘
- Must have knowledge of the English language, U.S. history, “and of principles of U.S. government”
- Applicant must be 28 or younger at time of application (or 32 if they have a bachelor’s degree from a U.S. college);
- Must pay a $525 fee
- Must submit to a medical exam and a background check, submit biometric and biographic data, and register with the Selective Service.

Read more: http://dailycaller.com/2012/11/15/details-about-the-gops-alternate-to-the-dream-act-emerge/#ixzz2CRNE74de

2014 Diversity Immigrant Visa Program

The 2014 Diversity Immigrant Visa Program (DV-2014) will begin accepting applications at noon, October 2, 2012.  The Diversity Visa Program, also known as visa lottery, is mandated by Congress to allocate immigrant visas to people from countries with historically low rates of immigration to the U.S. For Fiscal Year 2014, 50,000 diversity visas (DV) will be available for natives of countries who have not sent more than 50,000 immigrants to the U.S over the past five years.  Winners are selected randomly by computer.

Native Country Requirement

Natives of the following countries are not eligible to apply because they sent a total of more than 50,000 immigrants to the U.S. in the previous five years:

Bangladesh, Brazil, Canada, China(mainland-born), Columbia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

Although people born in mainland China are not eligible to apply, those who were born in Hong Kong SAR, Macau SAR, and Taiwan are eligible for DV-2014. Natives of Guatemala are now eligible for DV-2014 too.  Besides, natives from other countries including Singapore, Cambodia, Malaysia, Japan, Thailand, Indonesia, etc. are also eligible for selection.

Exceptions to the Native Country Requirement

Even if a person’s native country is not eligible for visa lottery, there are two other ways that the person may qualify to apply.  First, if this person’s spouse was born in an eligible country, than the person may also apply based on the spouse’s native country.  Secondly, if an applicant was born in an ineligible country such as China, but his or her parents were born in an eligible country such as Taiwan and they were not residing in China at the time of applicant’s birth, then the applicant is also eligible to apply.

Education and Work Experience Requirement

In addition to the country requirement, there is also an education and work experience requirement for  DV-2014.  An applicant must either have a high school education or its equivalent, defined as successful completion of a 12-year course of elementary and secondary education; or two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform.

Persons in the U.S. and Persons who already applied for Immigration

If a person owns other type of visa which allows him or her to reside in U.S. legally, he or she may still apply for DV-2014 in the U.S.  Even those people who have already applied for other types of immigrant visa (e.g., family based or employment based immigrant visa) may also submit an application under Diversity Visa program.

Who may apply and who to include in a family

For a married couple, if both husband and wife are qualified, they may each submit one application in order to increase the chances of being selected. Which family members should be included in the application?  The application must list the applicant’s spouse and all living unmarried children under the age of 21, including step-children and legally adopted children.  Even if a family member has no intention to immigrate, he or she must be included in the application form. The only exception is that the family member is a U.S. citizen or green card holder.

When and how to submit an entry

Entries for the DV-2014 DV program must be submitted electronically between noon, Eastern Daylight Time (EDT) (GMT-4), Tuesday, October 2, 2012, and noon, Eastern Daylight Time (EDT) (GMT-4), Saturday, November 3, 2012. Applicants may access the electronic DV Entry Form (E-DV) at www.dvlottery.state.gov during the registration period. Paper entries will not be accepted. Do not wait until the last week of the registration period to enter. Heavy demand may result in website delays. No entries will be accepted after noon, EDT, on November 3, 2012.

Importance of following instructions

The DV program makes visas available to persons meeting simple but strict requirements.  Applicants should carefully follow the program instructions to fill-out the application form and submit all required photographs.  Entries not following the official instructions and requirements will be rejected and disqualified.  Furthermore, DHS is technologically capable of identifying fraudulent entries, illegal entries or multiple entries. After an application is submitted, a unique confirmation number is generated.  This number should be kept in a safe place for future reference.

When and how to find out the results

Beginning May 1, 2013, applicants will be able to check the status of their DV-2014 entries online.  Visit www.dvlottery.state.gov, click on Entrant Status Check, and enter the unique confirmation number and personal information. Entrant Status Check will be the only means through which applicants may check the status of their applications.  It will also provide instructions to the winners of the visa lottery how to proceed with the application process, and also notify them of their appointments for their immigrant visa interview. Therefore, it is very important for an applicant to keep the confirmation number.

September 2012 Visa Bulletin: Employment is stagnant, Family advances

The September 2012 Visa Bulletin marks the end of fiscal year 2012 (FY12).  Unsurprisingly, the EB2 category for India and China remain unavailable; and for other countries the cutoff date is still January 1, 2009.  The situation is expected to change by October 1 as new visa numbers will be allocated by law for FY13.   EB3 Philippines, China and India all enjoy different degrees of advancement.

For family categories, there are some nice forward movements.  For examples, F1 advances two months for China, India and the Other Countries. F2A moves forward by seven weeks for most countries.   F2B jumps forward by almost three months to September 15, 2004 for China, India and the Other Countries.

Family	Other Countries	CHINA	INDIA	MEXICO	PHILIPPINES
F1	01OCT05	01OCT05	01OCT05	08JUN93	08NOV94
F2A	08MAY10	08MAY10	08MAY10	15APR10	08MAY10
F2B	15SEP04	15SEP04	15SEP04	22AUG92	01JAN02
F3	15MAY02	15MAY02	15MAY02	22JAN93	22JUL92
F4	08MAR01	22JAN01	08MAR01	15JUN96	01FEB89

 1st: Unmarried Sons and Daughters of Citizens (about 23,000 per year).

2A: The 2 "A" preference is for Spouses and Children (under 21 & unmarried) of LPR's.

2B: The 2 "B" Preference is for Unmarried Sons and Daughters (21 or older) of LPR's.

3rd: Married Sons and Daughters of Citizens.(about 23,000 per year)

4th: Brothers and Sisters of Adult Citizens.(about 65,000 per year)

Employment	Other countries	CHINA	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	01JAN09	U	U	01JAN09	01JAN09
3rd	01OCT06	15DEC05	08OCT02	01OCT06	01AUG06
Other Workers	01OCT06	22JUN03	08OCT02	01OCT06	01AUG06
4th	C	C	C	C	C
5th	C	C	C	C	C

1st: Priority Workers (Extraordinary ability aliens, multinational companies executives/managers, outstanding prof./researchers)

2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.

3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)

4th: "Special Immigrants" (Religious & others)

5th: Employment Creation (Investors)

Comprehensive Immigration Reform Bill Introducted in House

A comprehensive immigration reform bill was introduced in Congress on December 15, 2009, by Representative Luis Gutierrez, Democrat of Illinois. Comprehensive Immigration Reform (CIR) has been a hot topic of discussion in Congress since the last presidency. Despite support by President Bush and some Republic members of Congress, no immigration reform bill was enacted. After President Obama took office, he also made CIR a priority on his agenda, although his first year of presidency was preoccupied by an economic crisis, wars in the Middle East, and health care reform.

This bill, like other proposals for CIR, provides an opportunity for the millions of undocumented foreigners in the U.S. to apply for legal status, in addition to strengthening homeland security and beefing up law enforcement. It is a premise of CIR that effective immigration reform must include both law enforcement measures and ways for the undocumented immigrants to be legalized. This bill by Rep. Gutierrez, entitled Comprehensive Immigration Reform for America's Security and
Prosperity Act of 2009 (CIR ASAP), allows qualified undocumented persons and their spouses and children to stay conditionally for six years if they:

(1) Establish they have been in the U.S. illegally before December 15, 2009.
(2) Attest to having made contributions to the U.S. through employment, education, military service, or other volunteer/community service (with exemptions for minors, persons with disabilities, the elderly, or other unusual circumstances).
(3) Pay an application fee and a $500 fine.
(4) Not have any convictions for a felony or for three or more misdemeanors.

This bill allows certain foreign nationals who have been or are in removal proceedings to apply for legalization. Some other immigration bars would also be waived. The applicants will receive a conditional visa and must wait for six years before they would have an opportunity to apply for a green card unless the current visa backlog is eliminated. Their status will not be counted against the current worldwide numerical visa caps.

For those who were brought to the U.S. before the age of 16, they will also be eligible to apply. They will not have to pay fines and would be eligible for accelerated LPR status upon graduation from high school, and completion of two years of college, military service, or employment.

This bill does not require foreigners to return to their home country before they may be allowed to apply for legal status.

As expected, the bill was not welcome by some Republicans in Congress and some conservative Democrats. Their concern is that the new law would generate a large influx of migrants in the already anemic U.S. labor market, which is suffering from a 10 percent unemployment rate. Other critics also express concerns that the bill does not address the future labor demand of the U.S. as it lacks a temporary worker program.

Another major part of the bill aims at the reduction of visa backlog in the current family and employment immigration system. It exempts immediate relatives from the annual cap on the number of immigrant visas, and increases the number of visas which may be issued per country per year.
Qualified workers will be authorized to work after their employment based petition was filed until a visa becomes available. The bill also exempts from skilled worker numerical cap U.S. educated foreign nationals who receive science, technology, engineering and math degrees and other critical workforce graduates. Most importantly, it reclassifies spouses and children of lawful permanent residents as immediate relatives so that they will not have to wait for many years before they can be united.

The other provisions of the bill include more inhumane treatment of refugees and detainees, creation of a Southern Border Security Task Force, modernizing ports of entry, targeting smuggling of illegal immigrants, and enhanced employment verification.

(Warning: A bill introduced in Congress is only a proposed law. It will not take legal effect and become law unless and until it is passed by Congress and signed by the President.)