Go2Lawyer.com » Immigration

Retrogression of Family Based Visas

Administrator — Tue, 15 Mar 2011 18:24:52 +0000

According to the January 2011 visa bulletin, the U.S. Department of State was issuing immigrant visas (or green cards) to siblings of U.S. citizen who filed a petition on or before January 1, 2002. However, the March 2011 visa bulletin indicates that there has been a retrogression and immigrant visas to siblings to U.S. citizens are being issued for petitions filed on or before January 1, 2000. This means there has been a halt to issuance of immigrant visas in the 4th preference category-siblings of U.S. citizens.
In general, there are only 65,000 visas available for siblings of U.S. citizens. If this retrogression is an indication that all 65,000 have been exhausted, then new visas will be available on October 1, 2011. This is unwanted news for siblings of U.S. citizen who have applied for adjustment of status or have their petitions pending at the Embassy. The fiscal year for issuance of immigrant visas is Oct. 1st to Sept. 30th.
What is visa retrogression?
Sometimes, a priority date that is current one month will not be current the next month. This is called visa retrogression, which occurs when more people apply for a visa in a particular category than there are visas available for that month. Visa retrogression most often occurs when the annual limit has been reached. When the new fiscal year begins on October 1, a new supply of visa numbers is available and usually, but not always, brings back the dates to where they were before retrogression

Increase in Immigration Filing Fees on 11/23/2010

Administrator — Fri, 05 Nov 2010 16:26:37 +0000

In the midst of the present economic crisis, U.S. Citizenship and Immigration Services (USCIS) has announced an increase in the filings fees of all applications except the naturalization application.
USCIS is a primarily fee-based organization, with about 90 percent of its budget coming from fees paid by applicants and petitioners for immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine the funding levels necessary to administer the nation’s immigration laws,
process immigration benefit requests and provide the infrastructure needed to support those activities.
USCIS’s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low. While USCIS received appropriations from Congress and made budget cuts
of approximately $160 million, this has not bridged the remaining gap between costs and anticipated revenue. A fee adjustment is necessary to ensure USCIS recovers the costs of its operations while also meeting the application processing goals.

How to Record Departure From US

Administrator — Fri, 07 May 2010 05:06:05 +0000

If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your
passport, it is possible that your departure was not recorded properly. If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass – if you still have it – can help expedite your reentry next time you come back to the United States.

If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that
proves you left the United States to:
DHS – CBP SBU
1084 South Laurel Road
London, KY 40744

To validate departure, CBP will consider a variety of information, including but not limited to:
1. Original boarding passes you used to depart another country, such as Canada, if you flew home
from there;
2. Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
3. Photocopies of other supporting evidence, such as:
Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States, Dated bank records showing transactions to indicate you were in another country after you left the United States, School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.