Green Card & Visa News » American Immigration Lawyers

Major Retrogression Predicted for Employment Second Preference (EB-2) India and China

Tushar Mathur — Sat, 24 Mar 2012 23:30:00 +0000

In a Chicago conference with the American Immigration Lawyers Association (AILA) held on March 16, 2012, the Chief of State Department’s Visa Control and Reporting unit, Mr. Charles Oppenheim, stated that the EB-2 India and China visa category will likely retrogress in the May or June 2012 Visa Bulletin. The extent of retrogression will be quite drastic, reverting the EB-2 cutoff date back to approximately August 2007 from the April cutoff date of May 1, 2010.

Reasons for Retrogression: The recent rapid advancement in EB-2 cutoff dates was to use up all available visa numbers for the fiscal year. To that end, the State Department has generously advanced the cutoff days during the past six months from July 15, 2007 (October 2011 Visa Bulletin) to May 1, 2010 (April 2012 Visa Bulletin). As expected, the advancement has allowed thousands of adjustment applications and immigrant visa petitions to be filed during the past few months, resulting in rapid exhaustion of visa numbers for the fiscal year. Consequently, the State Department must exercise restrain now in the allocation of visa numbers through retrogression. In fact, Mr. Oppenheim has been warning about possible retrogression all along. The lack of movement in April for EB-2 should serve as harbinger of future retrogression.

Extent of Retrogression: Perhaps the surprising aspect of the announcement is not retrogression itself but the extent of it. Mr. Oppenheim predicted that EB-2 may go back to about August 2007 in May or June. It means that EB-2 India and China will lose almost all the progress they have made during the past six months. The extent of retrogression is indeed drastic and catches many applicants by surprise. Many Indian and Chinese green card applicants will be disappointed by the sudden change in direction after the recent rapid advancement.

Ways to Handle Retrogression: First of all, it is important to note that although the prediction will likely come true, retrogression has not happened yet. Mr. Oppenheim predicted that May 1 is the earliest possible date that retrogression will happen. It means that applicants with a priority date earlier than May 1, 2010 (cut off date in April) will still be able to file their I-485 applications or immigrant visa petitions until the end of April. Hence, eligible applicants must take steps to prepare and file their applications as soon as possible.

For those applicants who are fortunate enough to have already filed their I-485 applications, they should also qualify to apply for their employment authorization document (EAD) and advance parole travel document. These documents will allow them to work in the U.S. and travel internationally. Hence, the impact of retrogression should be minimal to them. In fact, some of these cases will actually be approved before visa numbers retrogress. Even if their cases have not yet been approved, if their I-485 applications have been pending for six months or longer, they will be able to port their case to another employer if they lose their job in the interim as long as the new position is in the same or similar occupational category.

Finally, for those who are not able to file their green card applications due to retrogression, they must continue to wait patiently for the next opportunity, which may not be that far fetched. Even though Mr. Oppenheim’s predictions are usually accurate, the extent of retrogression will depend on actual visa usage. Further, visa numbers will become available again in October when the new fiscal year begins. Depending on visa number usage, it is possible that we will see advancement in visa numbers again soon.

Conclusion: An immigrant visa is required by most green card applicants, and visa numbers are controlled by law. Retrogression happens when the number of visa applicants exceeds the number of available visa numbers. Applicants cannot control visa numbers but should continue to maintain their lawful status and obtain the necessary documents to prepare for the filing of their green card applications.

Warning: New Enforcement Policy is Not Amnesty

Tushar Mathur — Wed, 24 Aug 2011 18:02:00 +0000

The Obama Administration announced a new enforcement policy last week – a case-by-case review of about 300,000 deportation cases in the system to determine their enforcement priorities. The low priority cases will be allowed an opportunity to stay in the U.S. temporarily and issued an authorization document to work. However, it is very important to understand that this is not a comprehensive amnesty program. This is a new enforcement plan with no details announced yet. There is no application to file and no fees to pay. Nobody can apply for employment authorization right now. The American Immigration Lawyers Association (AILA) warns the public not to believe any rumors, false advertisements, scams, etc., out there in the immigrant communities.

This new announcement is not a new law; it is only a way for the government to use its resources wisely. And it is only targeting the cases that are currently active in the immigration court system. A committee of individuals from several government agencies will be formed to review and prioritize about 300,000 cases in the system based on factors such as criminal history, danger to community, national security, family ties, health conditions, etc. High-priority cases will be prosecuted under the law. Low-priority cases will be reviewed to determine if they should be removed from the court system. The respondent (individual in removal case) will also have a chance to stay in the U.S. temporarily and receive employment authorization. The government emphasizes that the review process will be based on each individual case’s merits and will not favor any group or category of individuals.

It will likely take months, if not longer, for the review to be complete. Further details of determination will also be issued gradually. Again, this is only a review of the cases already in immigrant court removal proceedings. It is unclear as to how many of these cases will receive favorable treatment. One must not assume anything and make plans accordingly. As of now, there is no mechanism for an individual to “sign up” or “apply” for any benefit. Illegal immigrants who turn themselves in to the authorities can be arrested and deported. It is expected that many “immigration agencies” and “consultants” will try to take advantage of this program for financial gains. The public is reminded to only get information from the government and licensed immigration lawyers.

This new policy should not come as a surprise. The Department of Homeland Security and its branch bureau, the Immigration and Customs Enforcement, have issued guidelines to authorize immigration enforcement officers to exercise discretion in handling removal cases. Such an approach will allow immigrant officers and judges to focus their limited time and resources on the most important and urgent cases, and the most dangerous and undesirable individuals – the convicted felons, the terrorists, and other public security threats. The recent announcement is only an execution of the Administration’s enforcement policy, although it may seem to have impact on a large number of cases.

What should an individual do to take advantage of the new policy? First of all, get accurate and updated information from the government or an experienced immigration attorney. The immigration laws and policies are getting very complicated and change constantly. It is almost impossible to do things “right” without the help of an experienced and caring immigration attorney. Second, do not trust any person who makes promises about applying for a green card or employment authorization document. If something sounds too good to be true, it is probably not true. Third, obtain and organize ones documents well including tax returns, employment records, pay stubs, bank records, rent receipts, mortgage documents, medical documents, passport, Form I-94, recommendation letters from friends, relatives, and community organizations, etc. Fourth, obey the law, be a good student/worker, and do not get into unnecessary trouble.

It’s Good to Be an Immigration Lawyer

Tushar Mathur — Fri, 18 Mar 2011 23:39:00 +0000

Last Friday was a great day. That evening, I rode the Amtrak from Portland to Seattle, heading back from the American Immigration Lawyers Association’s Northwest Conference, newly invigorated from two days of classes crammed with the latest immigration law information. AILA conferences are truly a must for immigration lawyers who need to stay up-to-date on constantly changing and complex laws, policies, and practices. I attended the family-based immigration classes, which covered a wide array of topics, such as the latest in waivers and consular processing, international adoption, asylum and cancellation of removal.

David Leopold, president of AILA, gave a rousing speech during the conference lunch on Friday that was a call to arms for immigration attorneys and anyone who believes in protecting and fighting for the rights of immigrants to lobby for real immigration reform that is about actual solutions—not merely more enforcement. There was also promising mention of the so-called “Utah Solution,” which is a compromise plan that might pave the way for positive federal reform. One of the most effective things advocates can do, David suggested, is to talk around the dinner table, and to neighbors and friends about the need for solution-based reform since so many people, voters and politicians alike, simply don’t understand how existing immigration laws work, or, more accurately, don’t work.

The conference made me proud to be part of a knowledgeable group of lawyers from both the nonprofit and for-profit sector who are truly dedicated to working together to help unite families and make it easier for immigrant entrepreneurs to help build our economy. It only reaffirmed my feeling lately that I have found my calling.

Looking for an Immigration Lawyer? Check this out!!

Tushar Mathur — Sun, 14 Feb 2010 09:39:22 +0000

Applying for a Green Card? The first and foremost action is to look for an Immigration Lawyer. An immigration lawyer is the key person who will take care for all the formal transactions that will be required by you, not only to get a Green Card but also for any of the legal issues you might face in future.

An Immigration Lawyer is much like a Doctor that you may not need all the time but can be saviour when you are trapped into a big trouble. You may really not take a risk of not hiring a lawyer, because you never know when you may need him.

Before finalising your lawyer there are some of the check points you should apply in order to put your papers in trustworthy hands.

You can ask you family friends or colleagues who have already hired some immigration lawyer before. A satisfied person will always appreciate his lawyer and an unsatisfied person will never forget to beware you of the weak lawyer. You may take opinion of multiple friends in order to filter out your search; this may be a help to find the right and trustworthy lawyer for you.

You can also select your immigration lawyer through an introductory session which will help you to recognise as to how much your lawyer understands you. You can take along your spouse and elder children which would help lawyer too to understand the thought process of your family. You can ask him about his experience and some of his case studies too. Case studies will help you a lot to understand his way of practice; this could help you to substantiate whether this lawyer will be able to assist you or not.

You can also search for your lawyer on the website of American Immigration Lawyers Association (AILA), it’s a national association of Immigration lawyers. You cannot always update yourself with the fast changing federal laws and rules; this association assures that its immigration lawyers are the best practitioners maintaining the commitment to its clients.

Finally when you have found a lawyer with whom you feel comfortable enough to solve all your issues, you can contact your local state bar to check if your lawyer is licensed and also to check if he was not a subjacent for any disciplinary action before. A Lawyer with fair background is the right choice for being a trustworthy.

If at any place you find that your lawyer is not trustworthy, you can instantly terminate the matter and look for a lawyer whom you can trust because the relationship of a lawyer and a client is purely based on trust, privacy and confidence.

So, stay proudly as an NRI and enjoy the ecstasies of The United States Of America.