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ICE fact sheet on Haitian F-1 Students for employment authorization

ICE fact sheet on the suspension of certain regulatory requirements, which allows eligible Haitian F-1 students to obtain employment authorization, work an increased number of hours during the school term, and, if necessary, reduce their course load.

(DOS) annual report of immigrant visa applications

Department of State (DOS)  annual report of  immigrant visa applications in the family-sponsored and employment-based preferences registered at the National Visa Center (NVC).

EB-5 Visa and Qualified Employment Creation

The EB-5 Visa and Qualified Employment Creation – Avvo.com http://ping.fm/40oOB

New Revisions in Employment Authorization Application (Form I-765)

Due to inaccurate information circulating regarding filing applications USCIS announced revised filing instructions and addresses for applicants filing an Application for Employment Authorization (Form I-765).

How does Retrogression works?

Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be
aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.

U.S. Citizenship and  Immigration Services (USCIS) processing during the past few years created a significant backlog of  cases and a consequent reduction in demand for numbers. This was one of the primary reasons the employment-based categories remained current while tens of thousands of applicants became eligible to file for adjustment of status. In the summer of 2004, USCIS notified Congress of its intent to  eliminate its backlogs by the end of FY2006. This backlog reduction effort resulted in heavy visa demand in the employment-based categories,10 and as a result, we once again faced backlogs. More recently, things took an “interesting” twist when after certain backlogged categories became current in July, DOS announced that all employment-based preference categories were “unavailable” for that month.11 In the February 2008 Visa Bulletin, DOS then announced that despite two retrogressions of the India EB-2 category, demand for numbers by USCIS offices for adjustment of status had remained extremely high and as a result, the annual limit for this category had been reached.12 In March 2008, DOS then advanced some of the employment based immigrant categories, indicating that this was done to avoid a situation later in the fiscal year. However, when you are looking at the monthly visa chart, be sure to take into account that it is possible that there will be visa retrogression and you may have to wait longer.

My Sponsor is withdrawing, what will i do?

Withdrawing a sponsorship for someone who’s already in the states with 10 year immigration visa? temple and monks – Immigration – Avvo.com http://ping.fm/B6lqK

IJ have authority to determine the validity of the Alien’s appproved employment visa

Immigration Judges have authority to determine whether the validity of an alien’s approved employment-based visa petition is preserved under section 204(j) of the Immigration and Nationality Act, 8 U.S.C. § 1154(j) (2006), after the alien’s change in jobs or employers. Matter of Perez Vargas, 23 I&N Dec. 829 (BIA 2005), overruled.

Family and Employment based Applicants on the rise

The DOS offers an Annual Report of immigration visa applicants in both the family and employment based on preferential categories. The document reports the number of actual cases that were registered by the National Visa Center as of 11/1/09.

Immigration Article: Can I be deported?

Question: I have been out of status for a number of years. Currently, I have a couple different petitions going forward. Once is a sibling based family petition, and the other is an employment based Labor Certification. I was told that it would take about another three to four years to be able to adjust my status to that of a Lawful Permanent Resident. There have been many news stories of people begin picked up by INS and deported, I am afraid for myself, my wife and my children. Can I just be deported?

Answer: Under most circumstances, the answer is no. Because you are here in the United States, you are allowed the opportunity to go in front of an Immigration Judge. Only if you had a previous deportation order can INS just take you and deport you without giving you a hearing. It is your constitutional right. Unlike many other countries around the world, even if you are not a citizen or a lawful permanent resident of the United States, you are entitled to due process. This means that you have an opportunity to present your case, to question witnesses, to cross examine witnesses who testify against you, to apply for relief or ways of staying permanently in the United States and to appeal decisions of the Immigration Judge that you are not satisfied with.

Question: What exactly might happen?

Answer: Each case is different. However, if you are targeted by INS, you should be served with what is known as a Notice to Appear. This is the beginning of the process. You might be taken into custody upon which you would be able to try to get a Bond Redetermination Hearing to get bonded out or become free while the immigration case is going forward. Then, over the next six months to two years, you will present your case in front of the Immigration Judge with the hope of winning.

 Question: Am I entitled to an attorney?

 Answer: Yes. You have every right to have an attorney represent you through these proceedings. However, unlike criminal cases, you must pay for the attorney to help you. The State will not provide one free of charge.

 Question: How can the U.S. Constitution protect someone in my position?

 Answer: Because the U.S. Constitution gives people their rights as free persons in this country. If the U.S. Government were to just pick someone up and deport them, there would not be any safeguards against possible mistakes they may make. Also, the law allows people who are out of status to obtain their Green Cards based upon certain criteria. The government allows you to present that evidence. Just remember that this is the best country in the world to live in (no offense to those people elsewhere) and one reason it is such a great place to live is because individual rights are valued and treasured by our Constitution.

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