VISA MADNESS DURING THE MIDDLE OF SUMMER 2009
byCyrus D. Mehta* Since priority dates, caps, and the potential for more visa availability predominate conversations among those in the immigration attorney and immigrant communities, here is the latest round up. How we wish we did not have to scramble for more visas by dealing with priority dates and caps, and all this was just […]
NINTH CIRCUIT IN HERRERA v. USICS RULES THAT REVOCATION OF I-140 PETITION TRUMPS PORTABILITY
byCyrus D. Mehta* As the Employment-based categories remain hopelessly backlogged,1 especially for those born in India and China in the Employment-based Second Preference (EB-2) and for the entire world in the Employment-Based Third Preference (EB-3),2 the only silver lining is the ability of the applicant to exercise portability under INA ¤ 204(j). Under INA ¤ […]
July 2009 Immigration Update
Headlines: 1. Outlook Grim for India, China Employment-Based Visa Categories – The July cut-off date for the India and China EB-2 categories is January 1, 2000; both could become unavailable in August or September and remain unavailable indefinitely. 2. Current I-9 Form Validity Extended Beyond June 30 – The I-9 form currently in use will […]
BIA REJECTS MATTER OF MARIA T. GARCIA IN PRECEDENT DECISION INTERPRETING THE CHILD STATUS PROTECTION ACT
By David A. Isaacson* On June 16, 2009, a three-member panel of the Board of Immigration Appeals (“BIA”) issued a precedent decision in Matter of Wang1 interpreting the Child Status Protection Act (“CSPA”) that rejected the more generous interpretation previously offered by the BIA’s unpublished decision in Matter of Maria T. Garcia.2 The BIA has […]
ADJUSTMENT OF STATUS INTERVIEW AFTER DECADES
by Cyrus D. Mehta* Charles Oppenheim of the Department of State Visa Office has advised AILA that the EB-2 India preference, which has already retrogressed to January 1, 2000, may become unavailable in August or September 2009. There are already 25,000 approvable EB-2 India cases awaiting visa numbers. Like other countries, India has a limit […]
USCIS ON THE PARADOXES OF UNLAWFUL PRESENCE
by Cyrus D. Mehta* The concept of unlawful presence, and the penalties accompanying those who step into “unlawful presence” territory, was introduced in the Illegal Immigrant Reform and Immigrant Responsibility Act of 1996 (IIRIRA). The United States Citizenship and Immigration Services (USCIS) issued on May 6, 2009, a voluminous Memo consolidating all of its prior […]
