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The Nepal Digest Thursday 2 Feb 95: Magh 18 2051 BkSm Volume 36 Issue 2
Today's Topics:
Special Issue: Immigration
******************************************************************************
* TND Board of Staff *
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* SCN Liaison: Rajesh B. Shrestha rshresth@black.clarku.edu *
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* +++++ Food For Thought +++++ *
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*********************************************************
Date: Tue, 17 Jan 1995 17:13:21 CST
From: gsiskind@telalink.net (Gregory Siskind, Attorney at Law)
To: The Nepal Digest
SISKIND'S IMMIGRATION BULLETIN
December 1994 - Special Issue
Published by Siskind and Susser, Attorneys at Law, 110 30th Avenue North,
Suite 1, Nashville, Tennessee 37203, United States of America, telephone:
615/320-9109, facsimile: 615/320-5681, email: Gsiskind@telalink.net, WWW
home page: http://www.telalink.net/vn/siskind/ .
Disclaimer: The information contained in this newsletter is not intended to
create an attorney client relationship and should not be construed as legal
advice. Any reliance on information contained herein is taken at the
reader's own risk.
This discussion is intended to address most of the major
questions many of you have asked me about the DV-96 Lottery.
The discussion includes sample forms to guide you in completing your own
application.
What is the "Green Card" Lottery?
This discussion is intended to answer questions people
may have regarding the upcoming DV-96 lottery (better known as the
"green card lottery") and give directions for submitting a lottery
application.
The U.S. Congress has authorized the allotment of 55,000
immigrant visas in the DV-96 category during Fiscal Year 1996.
Foreign nationals who are natives of countries determined by the
I.N.S. (according to a mathematical formula based upon population
totals and totals of specified immigrant admissions for a 5-year
period) are eligible to apply. The application period will begin
at 12:01 a.m. Eastern Time on January 31, 1995, and will end at
midnight on March 1, 1995.
Nationals of which countries are excluded?
China-mainland China and Taiwan (nationals of Hong Kong are
included), India, Philippines, Vietnam, South Korea, the United Kingdom
(Northern Ireland natives are eligible), Canada, Mexico, Jamaica, El
Salvador, Columbia and the Dominican Republic.
How are visas allotted?
The DV-96 program apportions visa issuance among six
geographic regions (Africa, Asia, Europe, North America (other
than Mexico), Oceania, and South America (including Mexico,
Central America and the Caribbean). The world is divided up into
high and low admission regions and each of the six regions is
divided into high and low admission states. A greater portion of
the visas go to the low admission regions than to high admissions
regions. High admission states are entirely excluded from the
lottery (those states are listed above) and low admission states
compete equally with other low admission states in the same
region. No single state may receive more than 7% (3,850) of the
55,000 allotted visas. The allotment for this year is as follows:
Africa: 20,426
Asia: 7,087
Europe: 24,257
North America: 8 (only the Bahamas is included)
South America: 2,407
Oceania: 815
Who is eligible to apply for the lottery?
To receive a DV-96 visa, an individual must be a native of
a low admission foreign state (described above). The individual
must have at least a high school education or its equivalent, or,
within the preceding five years, two years work experience in an
occupation requiring at least two years training or experience.
What does it mean to have a "high school education or its
equivalent?"
"High School education or its equivalent" means the
successful completion of a twelve year course of elementary and
secondary education in the U.S. or successful completion in
another county of a formal course of elementary and secondary
education comparable to complete a 12 year education in the U.S.
or successful completion in another country of a formal cause of
elementary and secondary education comparable to completion of a
12 year education in the U.S. Passage of a high school
equivalency examination is not sufficient. It is permissible to
have completed one's education in less than 12 years or greater
than 12 years if the course of study completed is equivalent to a
U.S. high school education. Documentary proof of education
(including a diploma or school transcript) should NOT be submitted
with the application, but must be presented to the consular office
at the time of formally applying for an immigrant visa
application.
What does it mean to have "two years work experience in an
occupation requiring at least two years training or
experience?"
The determination of which occupations require at least
two years of training or experience shall be based upon the
Department of Labor's Dictionary of Occupational Titles. If the
occupation is not listed in the DOT, the Department of State will
consider alternate evidence. Please Email or write me if you
need to check the DOT (this will probably not be necessary for the
vast majority of you since most of you have high school degrees or
the equivalent. As with proof of education, documentary proof of
work experience should not be submitted with the application, but
must be presented to the consular office at the time of a formal
immigrant visa application.
Can I be a "native" of a country other than the country in which I
was born?
A native is both someone born within one of qualifying
countries and someone entitled to the "charged" to such country
under Section 202(b) of the Immigration and Nationality Act. Thus
someone may be (1) charged to the country of birth of his/her
spouse; (2) a minor dependent child can be charged to the country
of birth of a parent; and (3) an applicant born in a country of
which neither parent was a native may be charged to the country of
birth of either parent. If one claims to be a native of a country
other than where one was born, he/she must include a statement to
that effect on the lottery application and must show the country
of chargeability on the application envelope (see discussion of
the application form and envelope).
Will applying for the lottery affect one's ability to
receive a nonimmigrant visa?
Probably not. Technically, filing a visa lottery
application is equivalent to filing an immigrant petition.
According to source at the Department of State, a consulate will
only be notified IF the person is selected in the lottery. An
individual who is not chosen is on his honor to state that he/she
applied for the lottery. Theoretically, if your name is selected
in the lottery, you may have trouble renewing nonimmigrant status
while waiting for your name to be cleared for processing (see
discussion on the postselection process for securing a green
card). This should only be a temporary problem since permanent
residency should eventually be awarded. There is still a risk that
you will fail to be deemed eligible for the DV-96 visa or the
Department of State will have overestimated the number of
individuals to select in the lottery (see discussion on how the
selection process works). However, one lawyer I spoke with stated
that over the last several years, he has instructed his clients to
answer the question on the OF 156 concerning previous immigrant
visa applications as follows: "My lawyer entered me in the AA1
[this year the DV-96] lottery." He reports that he has never had a
problem reported. The Department of State may be issuing an
advisory letter on this issue soon and I will post a message to
the group. I have yet to hear of anyone denied a visa because of a previous
lottery application.
Do I need to be in lawful visa status to compete?
An individual who is in the U.S. need NOT be in lawful
status to compete in the lottery. However, the Department of
State has indicated that it will share information with the
Immigration and Naturalization Service for the "formulation,
amendment, administration and enforcement" of the country's
immigration laws.
Does it matter whether I am or am not in the U.S.?
Individuals who otherwise meet the requirements for
competition in the lottery, may compete whether they are in the
United States or in a foreign country.
Are there any limitations on the number of entries I can send in
for the lottery?
Each individual is limited to one application in the
lottery. If more than one application is received, the individual
will be totally disqualified. Note: More than 400,000 applicants
were disqualified in the last lottery due to multiple
applications.
May a husband and wife each submit a separate application?
Yes. If otherwise qualified, a husband and a wife may each submit
one lottery application. If either is selected in the lottery, the
other would be entitled to derivative status.
Is there a minimum age to apply for the lottery?
There is not a minimum age to apply for the lottery. However, the
education/work experience requirements will effectively preclude
most people under 18 from applying.
May I adjust status in the U.S. if I am selected?
An applicant may adjust status (switch to permanent
residency in the U.S.) if they meet the normal requirements for
adjusting status with the INS (including not having previously
been out of visa status). Applicants who adjust must first send
the forms they receive from the National Visa Center back to the
National Visa Center. In order to apply for adjustment of status,
the INS must be able to complete action on the case before
September 30, 1996.
How does the selection process work?
The National Visa Center in New Hampshire will receive
all applications. Upon receipt, the NVC will place the letter
into one of six geographic regions and assign the letter an
individual number. Within each region, the first letter randomly
selected will be the first person registered, the second letter
selected will be the second person registered, etc. When a case
is registered, the applicant will immediately be sent a
notification letter which will give visa application instructions.
About 100,000 persons, both principal applicants and their
spouses and children, will be registered. Since it is probable
that some of the first 55,000 persons registered will not apply
for a DV-96 visa, this figure is assumed to eventually be reduced
to about 55,000. However, there is a risk that some applicants
will be left out. According to the Department of State, all
applicants will be informed promptly of their place on the list.
Each month visas will be issued, according to registration lottery
rank order, to those ready for visa issuance for that month. Once
55,000 visas are issued, the program ends. Registrants for this
year's lottery will have to apply for a visa before September 1995
at the latest. You must be prepared to act promptly if your name
is selected.
How will I know if I was not selected?
The State Department will not notify applicants who are
not selected. The only way you will know that you are not
selected is if you have not received a registration notification
letter before the date the INS officially states that it has stopped
notifying people (expected to be done within three months of March 1, 1995).
Is there an application fee to enter the lottery?
No. There is no fee for submitting a lottery application. If you win the
lottery, you will pay the regular visa fees paid by any immigrant visa
applicant at the time of visa issuance.
Can someone selected in the lottery receive a waiver of
any of the grounds of visa ineligibility?
No. There is no special provision for the waiver of any
grounds of visa ineligibility other than those provided for in the
Immigration and Nationality Act. Also, unlike in previous years,
holders of J 1 visas with a two year home residency requirement
will not be able to receive a waiver of this requirement by virtue
of being selected in the lottery. A holder of a J visa can still
enter the lottery, but he/she will have to qualify for a residency
waiver in the same manner as is normally required to get such a
waiver. Because all visas must be issued by the end of September
1996, individuals who have not yet begun their home residency are
effectively precluded (unless they are otherwise eligible for a
waiver).
May someone apply for a DV-96 visa if they are already registered
in another visa category
Yes.
In what region is my native country assigned?
(1) Africa
Algeria
Angola
Benin
Botswana
Burkina
Burundi
Cameroon
Cape Verde
Central African Republic
Chad
Comoros
Congo
Cote d'Ivoire (Ivory Coast)
Djibouti
Egypt
Equatorial Guinea
Eritrea
Ethiopia
Gabon
Gambia, The
Ghana
Guinea
Guinea-Bissau
Kenya
Lesotho
Liberia
Libya
Madagascar
Malawi
Mali
Mauritania
Mauritius
Morocco
Mozambique
Namibia
Niger
Nigeria
Rwanda
Sao Tome and Principe
Senegal
Seychelles
Sierra Leone
Somalia
South Africa
Sudan
Swaziland
Tanzania
Togo
Tunisia
Uganda
Zaire
Zambia
Zimbabwe
(2) Asia
Afghanistan
Bahrain
Bangladesh
Bhutan
Brunei
Burma
Cambodia
China-mainland
China-Taiwan (a "state" within the meaning
of the Act)
Hong Kong (a "state" within the meaning of
the Act)
India
Indonesia
Iran
Iraq
Israel
Japan
Jordan
Korea, North
Korea, South
Kuwait
Laos
Lebanon
Malaysia
Maldives
Mongolia
Nepal
Oman
Pakistan
Philippines
Qatar
Saudi Arabia
Singapore
Sri Lanka
Syria
Thailand
United Arab Emirates
Vietnam
Yemen
(3) Europe
Albania
Andorra
Armenia
Austria
Azerbaijan
Belarus
Belgium
Bosnia and Herzegovina
Bulgaria
Croatia
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Georgia
Germany
Greece
Hungary
Iceland
Ireland
Italy
Kazakhstan
Kyrgyzstan
Latvia
Liechtenstein
Lithuania
Luxembourg
Macedonia, The Former Yugoslav Republic of
Malta
Moldova
Monaco
Montenegro (a "state" for purposes of the
Act; Serbia and Montenegro have
proclaimed the formation of a
joint independent state, but
this entity has not been
formally recognized as a state
by the United States.)
Netherlands
Northern Ireland (a "state" within the
meaning of the Act)
Norway
Poland
Portugal
Romania
Russia
San Marino
Serbia (a "state" for purposes of the Act;
Serbia and Montenegro have
proclaimed the formation of a joint
independent state, but this entity
has not been formally recognized as
a state by the United States.)
Slovakia
Slovenia
Spain
Sweden
Switzerland
Tajikistan
Turkmenistan
Turkey
Ukraine
United Kingdom
Uzbekistan
Vatican City (an independent city under the
jurisdiction of the Holy See)
(4) North America
Bahamas, The
Canada
United States
(5) Oceania
Australia
Fiji
Kiribati
Marshall Islands
Micronesia, Federated States of
Nauru
New Zealand
Palau
Papua New Guinea
Solomon Islands
Tonga
Tuvalu
Vanuatu
Western Samoa
(6) South America, Mexico, Central America, and
the Caribbean
Antigua and Barbuda
Argentina
Barbados
Belize
Bolivia
Brazil
Chile
Colombia
Costa Rica
Cuba
Dominica
Dominican Republic
Ecuador
El Salvador
Grenada
Guatemala
Guyana
Haiti
Honduras
Jamaica
Mexico
Nicaragua
Panama
Paraguay
Peru
St. Kitts and Nevis
St. Lucia
St. Vincent and the Grenadines
Suriname
Trinidad and Tobago
Uruguay
Venezuela
How do I apply for the lottery?
There is no form for the DV 1 lottery. All that is
required is that the proper information is typed or clearly
printed in the Roman alphabet on a plain sheet of paper.
Each application must take the following form:
1. APPLICANT'S FULL NAME
Last Name, First Name and Middle Name
(Underline Last Name/Surname/Family Name)
Example: Doe, John James
2. APPLICANT'S DATE AND PLACE OF BIRTH
Date of Birth: Day, Month, Year
Example: 15 November 1961
Place of Birth: City/Town, District/County,Province,County
Example: Munich, Bavaria, Germany
3. NAME, DATE AND PLACE OF BIRTH OF APPLICANT'S SPOUSE
AND CHILDREN
[Note: Do not list parents as they are not entitled to derivative status]
4. APPLICANT'S MAILING ADDRESS AND NEAREST CONSULATE
Be sure the address is complete since this is where
notification will be sent if the application is selected. A
telephone number is optional. Also list location of U.S. Consular
office closest to current residence or last residence prior to
entering U.S.
5. APPLICANT'S NATIVE COUNTRY IF DIFFERENT FROM
COUNTRY OF BIRTH
The application should be placed in an envelope which is between
6 inches and 10 inches (15 cm to 25 cm) in length and between 3 1/2
inches and 4 1/2 inches (9 cm to 11 cm) in width.
In the upper left hand corner of the front of the
envelope must be the country of which the applicant is a native.
Typed or clearly printed below the country must be the same name
and mailing address of the applicant as are shown on the
application form.
Example: New Zealand
Doe, John James [NOTE: Underline family name]
1111 Main Street
Nashville, Tennessee 37204
Where do I send the application?
Applications must be sent by regular mail or air mail
(not by hand delivery, telegram, or any means requiring
acknowledgment such as registered mail or express mail) to one of
the six following addresses, depending upon the region of the
applicant's native country.
Note carefully the importance of using the correct postal zip code
for each region:
ASIA: DV-96 Program
National Visa Center
Portsmouth, NH 00210, U.S.A.
SOUTH AMERICA: DV-96 Program
National Visa Center
Portsmouth, NH 00211, U.S.A.
EUROPE: DV-96 Program
National Visa Center
Portsmouth, NH 00212, U.S.A.
AFRICA: DV-96 Program
National Visa Center
Portsmouth, NH 00213, U.S.A.
OCEANIA: DV-96 Program
National Visa Center
Portsmouth, NH 00214, U.S.A.
NORTH AMERICA: DV-96 Program
National Visa Center
Portsmouth, NH 00215, U.S.A.
DISCLAIMER: This file is not intended to create an attorney client
relationship. The information contained in this file is not
intended to be legal advice.
************************************************************
To: visalaw@listserv.telalink.net
From: gsiskind@Telalink.Net (Gregory Siskind, Attorney at Law)
SISKIND'S IMMIGRATION BULLETIN
January 1995
Published by Siskind and Susser, Attorneys at Law, 110 30th Avenue North,
Suite 1, Nashville, Tennessee 37203, United States of America, telephone:
615/320-9109, facsimile: 615/320-5681, email: Gsiskind@telalink.net, WWW
home page: http://www.telalink.net/vn/siskind/ .
To subscribe to Siskind's Immigration Bulletin, send an email message to
majordomo@listserv.telalink.net with the message "subscribe visalaw".
Disclaimer: The information contained in this newsletter is not intended to
create an attorney client relationship and should not be construed as legal
advice. Any reliance on information contained herein is taken at the
reader's own risk.
VISA SPOTLIGHT: K-1 FIANCES OF US CITIZENS
A fiance of a US citizen may apply for a non-immigrant visa which is
called a K-1. Unlike other non-immigrant visas, however, the applicant must
prove his intent to stay in the US rather than return to his/her home
country. The K-1 visa holder and any children accompanying or following to
join the fiance are permitted to enter for a 90 day period during which the
couple must marry.
The visa petitioner must show that the couple has met in person in with
in
two years of the date of filing the petition. The couple must show they
have a bona fide intent to marry and are legally able and actually willing
to conclude a valid marriage within a period of ninety days after the alien
fiance arrive's in the US (or face the requirement to depart the US). A
variety of supporting evidence should be submitted including proof of the
petitioner's U.S. citizenship, phone bills showing calls to one another,
correspondence between the fiances, photographs of the couple, airline
ticket receipts from trips where the couple previously met, etc.
The requirement that the couple have met within the two years prior to
the
visa petition is intended to deter "mail-order" marriages and can only be
waived by the INS if it is established that compliance would result in
extreme hardship to the petitioner or that compliance would violate strict
and long-established customs of the beneficiary's foreign culture or social
practice. Denial for failing to meet within the last two years does not
hurt one's chances of success if an application is refiled after both
parties have met.
A K-1 fiance application is filed with the INS and not a State Departme
nt
consulate outside of the U.S. However, if the citizen fiance is outside
of the US, he/she can execute the K-1 petition before a consular or
immigration official abroad who will then forward the petition tothe
appropriate INS office in the US for processing.
Both parties must be able to show the INS that they are legally free to
marry within 90 days of entering the US (such as showing that they are free
of any prior marriages). Unfortunately, the INS is unsympathetic to
granting an extension of the K-1 visa beyond 90 days except in extreme
circumstances.
CONSULAR FOCUS: CIUDAD JUAREZ, MEXICO
Address and phone number:
US Consulate General, Chihuahua Avenida Lopez Mateos 924N, Ciudad Juare
z,
Telephone: 52-16-13-40-48; mailing address: P.O. Box 10545, El Paso, TX
79995-0545; fax: 011-52-16-16056 (not for routine correspondence or packet
replies).
The consulate is located five minutes from the Bridge of the Americas w
hich
links Mexico and the United States and 30 minutes from the El Paso airport
(depending on bridge traffic).
Visas to get into Mexico:
Fortunately, Mexican official almost never conduct immigrant documentat
ion
checks at the US-Mexican border crossing points between El Paso and Ciudad
Juarez. Such inspections occur at various border checkpoints south of the
major border cities. They also rarely inspect people leaving Mexico at the
international bridges. If one is going only to visit the US Consulate,
there should be no contact with Mexican immgration officials.
Ciudad Juarez time zone:
Juarez is on central time all year while El Paso is on Mountain Dayligh
t
Time in the winter and Mountain Standard Time in the summer (i.e. Juarez is
one hour ahead of El Paso during the winter and the same time as El Paso
during the summer).
Transportation to Juarez from El Paso:
Taxis are easy to hire both in El Paso and at the US Consulate in Juare
z.
A cab from El Paso airport should cost about $25-30. Remember that you will
be delayed crossing through US immigration when going back to the US and you
may want to pay an additional fee (normally no more than $10/hour) for the
cab to wait for you at the other side of the border (this might not be
possible if the wait is unusually long).
Accomodations:
Note that I am not making recommendations with respect to any of these
hotels:
La Playa Hotel (across the street from the consulate)
Avenida Lopez Mateos #1035
Phone: 01152-16-137188, 114408 or 114409
Calinda Hotel (owned by Best Western)
Hermanos Escobar #3515
Phone: 01152-16-163421, 163229 or 163421
Lucerna Hotel
Paseo Triunfo de la Republica #3976
Phone: 01152-16-133232 or 112911
Holiday Inn
Paseo Triunfa de la Republica #3745
Phone: 01152-16-296000
Nonimmigrant visas:
The Juarez consulate is unusual in that it will adjudicate the case of
any
nonimmigrant visa applicant who is physically present at the consulate. It
is best to arrive at the consulate between 6:30 a.m. and 10:00 a.m. (the
consulate doors open between 7:00 a.m. and 8:00 a.m). You can expect to
leave the consulate no earlier than 2:00 in the afternoon. The decision on
the visa is made at an interview with a consular official that normally
takes less than ten minutes and is often completed in just two or three.
After being interviewed, a preliminary security check is made and then you
are directed to the building where you will pay the visa fee (you will have
to pay $20 for the machine readable visa ("MRV") fee and any fee applicable
to your particular kind of visa that applies to nationals of your home
country (the fees vary and you will are advised to check with the Department
of State or your attorney before leaving)). You will then return and
present to the interviewing officer your fee receipt. Your visa will then
take two to three hours to process.
If you are applying for an E-1 or E-2 Treaty Trader or Investor visa, y
ou
should note that Juarez requires that the applications be submitted for
pre-screening about three weeks in advance of the anticipated date of
arrival. You also will need to fill out a special questionnaire prepared by
the Juarez consulate (note that a standard E visa questionnaire for all
consulates is in the planning stage but has not been finalized). I
recommend consult an attorney to find out more about applying for the E visa
at Juarez since the procedure is fairly complicated.
If you are applying for an F-1 visa, be prepared to demonstrate that yo
u
have a sufficient source of funds to support yourself and that you have
sufficient reasons to return to your foreign residence upon completeion of
studies. This is especially important when you have relatives living
permanently in the US. Make sure that you present the I-20, assistantship
letter or other evidence of financial support and any documentation of ties
to your home country (such as property ownership, close family in your home
country, a job offer, etc.) as well as passport. Note that nearly one-fifth
of student visas are denied at Juarez usually for failing to meet the
requirements noted above.
If you are applying for a J-1 visa, bring your IAP-66 as well as proof
of
nonimmigrant intent, evidence of financial support and copies of transcripts
and diplomas as well as passport.
If you are applying for an H, L, O, or P, be prepared to present the en
tire
I-797 sheet (do not tear off the bottom portion of the approval notice), an
updated letter from your company indicating that the job offer and offered
salary are still valid, recent pay stubs, an attorney-certified copy of the
entire visa application package. A recent tax return and W2 form as well as
copies of transcripts, degrees and previously submitted INS forms may be
useful if an individual is or was once out of status. However, if you have
been out of status, you are strongly urged to consult legal counsel in order
to address problems which may result from being out of status.
The overall nonimmigrant visa issuance rate at Juarez is 66%.
Immigrant Visas:
Ciudad Juarez does not except third country immigrant visa applications
and
Mexican national adjudications are handled by the INS office in Ciudad Juarez.
The Juarez consulate normally does not require any documents beyond tho
se
listed in Packet 3. You should plan on having your medical examination on
the morning before the day of the interview. The medical examination must
be performed by one of the following clinics:
Servicios Medicos
Avenida Lopez Mateos 1091
Ciudad Juarez
Phone: 13-77-77 or 1-915-549-6145
Clinica Medica International
Avenida Lopez Mateos 1035
Ciudad Juarez
Phone: 13-96-11 or 915-549-1030
Holidays:
The Juarez consulate closes for both US and Mexican holidays. Consult
the
holiday list included elsewhere in this newsletter.
The overall initial approval rate for immigrant visas is 86%.
In case of denial:
Make sure you do not surrender your I-94 card when you leave the US to
enter Mexico. US immigration law permits persons to return from territories
contiguous to the US if they have an unexpired I-94 and they are returning
within 30 days of departure (regardless of whether the underlying visa is
expired). If you are denied your visa, you should still be able to reenter
without problem if you have retained your I-94. Note that if you are out of
status (i.e. no valid visa or I-94), you are risking being prevented from
returning to the US and you should consider consulting a lawyer to discuss
whether an advance parole can be requested which would permit the alien to
return to the US.
A GUIDE TO INS FORMS AND FEES
AR-11 Change of Address no fee
I-9 Employment Eligibility Verification no fee
I-17 School Approval $140
I-20 Certificate of Eligibility for
Nonimmigrant (F-1) Student Status
no fee
I-90 Appl to Repace Green Card $75
I-94 Arrival/Departure Record no fee
I-102 Appl for Replacement/Initial
Arrvl/-Departure $65
I-129 Petition For Nonimmigrant Worker fee varies
I-130 Petition For Alien Relative $80
I-131 Appl for Travel Document $70
I-134 Affidavit of Support no fee
I-140 Immigrant Petition For Alien Worker $75
I-191 Appl Advance Permission to Return
to Unrelinquished Domicile $90
I-193 Appl for Waiver of Passport or Visa $90
I-212 Appl to Reapply for Admissn After
Deportation/Rmvl $95
I-360 Petition for Special Immigrant $80
I-485 Application for Adjustment of Status $130
I-485a Supplement to I-485 $650 (if
applicable)
I-539 Appl to Extend/Change Nonimmigrant
Status $75
I-589 Request for Asylum in the US no fee
I-600 Petition to Classify Orphan as
Immediate Relative $155
I-600A Appl for Advnce Procssng of
Orphan Petn $155
I-601 Appl for Waiver of Grounds
of Excludability $95
I-612 Appl for Waiver of Foreign Res
Requirement Section 212(e) $95
I-693 Medical Exam/Adjstmnt Status no fee
I-751 Petn to Remove the Conditions on
Permanent Residence $80
I-765 Appl for Employment Authorization $70
I-797 Notice of Action No fee
I-824 Appl for Voluntary Departure Under
Family Unity Program $80
IAP-66 Cert of Eligibility Exchange
Visitor Status no fee
IRS-9003 Tax form for permanent residents varies
N-300 Application for File Declaration
of Intention $75
N-400 Application for Naturalization $95
N-470 Appl to Preserve Residence for
Naturalization Purposes $115
N-565 Appl for Replacement Natz or
Citizenship Document $65
N-600 Appl for Certificate of
Citizenship $100
N-643 Appl for Certif of Ctznshp in bhlf
of Adpted Child $80
OF-156 Nonimmigrant Visa Application Varies
Note that forms are sometimes replaced or combined with other forms and that
INS and State Department fees change periodically.
HOLIDAY SCHEDULE FOR THE US CONSULATE IN CIUDAD JUAREZ
M/A January 1, 1995 Sunday - New Year's Day
A January 16 Monday Martin Luther King's
Birthday
M February 5 Sunday Anniversary of Mexican
Constitution
A February 20 Monday President's Day
M March 21 Tuesday Benito Juarez's
Birthday
M April 13 Thursday Holy Thursday
M April 14 Friday Good Friday
M May 1 Monday Mexican Labor Day
M May 5 Friday Anniversary of the
Battle of Puebla
A May 29 Monday Memorial Day
A July 4 Tuesday Independence Day
A September 4 Monday Labor Day
M September 16 Saturday Mexican Independence
Day
A October 9 Monday Columbus Day
M October 12 Thursday Dia de la Raza
M November 2 Thursday All Soul's Day
A November 11 Saturday - Veterans Day
M November 20 Monday Anniversary of the
Mexican Revolution
A November 23 Thursday Thanksgiving Day
M/A December 25 Monday Christmas Day
"M" refers to Mexican. "A" refers to American.
- According to U.S. law, American holidays falling on Saturday will be
observed on Friday and those falling on Sunday will be observed on
Monday.
EASTERN SERVICE CENTER PROCESSING TIME REPORT
Source: American Immigration Lawyers Association
Receipt Notice
Processing for Processing Time
Initial Receipt ---------------
Applications/Petition Type Date From To
I-90 Replacement Card May 25, 1994 180 210
I-90A Saw November 16, 1994 30 60
I-129/S New Amended
NI Worker December 27, 1994 15 21
I-129(F) Fiance(e) Current 15 21
I-130 Immediate Relative August 19, 1994 240 280
I-130 Preference May 6, 1994 240 280
I-131 Reentry Permit/
Ref. Travel Doc.
I-140 Immigrant Worker October 17, 1994 30 60
I-360 Pet. for Widow/
Spec. Imm. September 28, 1994 60 120
I-485 Adjustment December 27, 1994 30 90
I-526 Investor Current 15 30
I-539 Change/Extend NI
Status-Employment Based December 27, 1994 30 60
I-539 Change/Extend NI
Status - Other December 27, 1994 30 60
I-589 Asylum Current 30 90
I-698 Legalization -
Adjustment to LPR Current 30 60
I-730 Refugee/Asylee
Relative Petition
I-751 Remove Conditions December 22, 1994 30 45
I-765 Employment Author-
ization - Asylum Based December 27, 1994 60 90
I-765 Employment Author-
ization - Other December 9, 1994 60 90
I-817 Family Fairness Current 30 60
I-824 Actions on
Approved Petitions Current 60 90
N-400 Naturalization
N-600 Application for Citizenship
Total Pending Applications (All Types)
(G22 Total + pending asylum)
NORTHERN SERVICE CENTER PROCESSING TIMES
Source: American Immigration Lawyers Association
Date: December 29, 1994
On the date indicated above this Service Center was processing to
completion applications/petitions pending in this office as
indicated below:
Application/Petition Initial Receipt Date
I-90 09/12
I-90A 09/19
I-129 12/16
I-129F 09/26
I-130 SP 09/13
I-130 Other 09/09
I-131 11/10
I-140 10/3
I-212 08/30
I-360 10/03
I-485 None Pending
I-526 12/08
I-539 Employment Based 12/16
I-539 Other 9/21
I-589 12/09
I-612 10/21
I-694 Appeals 10/21
I-751 10/11
I-765 Asylum 12/09
I-765 Other 11/15
I-817 09/20
I-824 11/28
FEBRUARY STATE DEPARTMENT VISA BULLETIN
IMMIGRANT NUMBERS FOR FEBRUARY 1995
A) STATUTORY NUMBERS (This communication provides priority dates
and other transitional information as taken from the State
Department's Visa Bulletin released January 12, 1994.)
On the following chart, the listing of a date for any class
indicates that the class is oversubscribed; "C" means current,
i.e., numbers are available for all qualified applicants; and "U"
means unavailable, i.e., no numbers are available.
Family
Preferences
All Charge-
ability Areas China-
Except Those mainland Dominican
Listed born Republic India Mexico Philippines
1st C C C C 01AUG94 22NOV85
2A* 22DEC91 22DEC91 22DEC91 22DEC91 01DEC91 22DEC91
2B 08MAR90 08MAR90 22FEB90 08MAR90 08MAR90 01MAY89
3rd 15AUG92 15AUG92 15AUG92 15AUG92 15APR87 15SEP83
4th 22MAR85 22MAR85 22MAR85 22JUL83 15FEB84 03AUG77
*NOTE: For FEBRUARY, 2A numbers EXEMPT from per-country limit are
available to applicants from all countries with priority dates
earlier than 01DEC91. 2A numbers SUBJECT to per-country limit are
available to applicants chargeable to all countries EXCEPT MEXICO
with priority dates beginning 01DEC91 and earlier than 22DEC91.
(2A numbers subject to per-country limit are "unavailable" for
applicants chargeable to MEXICO.) (The three-year transition
program which had provided additional visas for spouses/children of
legalization beneficiaries has ended; petitions approved on behalf
of such spouses/children continue to accord them status in the
Family 2A preference, however.)
Employment-Based
All Charge-
ability Areas China-
Except Those mainland Dominican
Listed born Republic India Mexico Philippines
1st C C C C C C
2nd C C C C C C
3rd C 08JUL93 C C C 01MAR94
Other 01JUL89 01JUL89 01JUL89 01JUL89 01JUL89 01JUL89
Workers
4th C C C C C 26JUL93
Certain C C C C C 26JUL93
Religious Workers
5th C C C C C C
Targeted C C C C C C
Employment Areas/Regional Centers
The Department of State has available a recorded message with visa
availability information which can be heard at: (area code 202)
663-1541. This recording will be updated in the middle of each
month with information on cut-off dates for the following month.
B. DIVERSITY IMMIGRANT (DV) CATEGORY
Section 203(c) of the Immigration and Nationality Act provides
55,000 immigrant visas each fiscal year (beginning with FY-1995) to
provide immigration opportunities for persons from countries other
than the principal sources of current immigration to the United
States. DV visas are divided among six geographic regions. Not
more than 3,850 visas (7% of the 55,000 visa limit) may be provided
to immigrants from any one country.
The allotment of FY-1995 visa numbers for each region is as
follows: Africa, 20,200; Asia, 6,837; Europe, 24,549; North America
(Bahamas), 8; South America, Central America, and the Caribbean,
2,589; and Oceania, 817.
For February, immigrant numbers in the DV category are available to
qualified applicants chargeable to all regions/eligible countries
as follows. Visas are available only for applicants with DV
regional lottery rank numbers BELOW the specified allocation cut-
off number:
All DV Charge-
ability Areas
Except Those
Region Listed Separately
AFRICA AF 14031 EXCEPT: EGYPT AF 11676
NIGERIA AF 13477
ASIA AS 06214
EUROPE EU 47139 EXCEPT: POLAND EU 07459
NORTH AMERICA NA 00010
(BAHAMAS)
OCEANIA OC 00976
SOUTH AMERICA, SA 02818
CENTRAL AMERICA,
and the CARIBBEAN
Entitlement to immigrant status in the DV category lasts only
through the end of the fiscal (visa) year for which the applicant
is selected in the lottery. The year of entitlement for all
applicants registered for Fiscal (visa) Year 1995 ends as of
September 30, 1995, and their lottery registration will confer no
benefit after that date.
AS WITH EARLIER LOTTERIES, TO PERMIT DV VISAS TO BE ISSUED TO THE
LIMITS, SUBSTANTIALLY MORE PERSONS HAVE BEEN REGISTERED THAN THERE
ARE VISAS, SINCE MANY APPLICANTS ARE LIABLE NOT TO PURSUE THEIR
VISA CASE. APPLICANTS WHO WANT TO OBTAIN VISAS MUST RESPOND AS
QUICKLY AS POSSIBLE TO THE DV NOTIFICATION LETTER.
Should visa demand by applicants with lottery rank numbers lower
than a particular cut-off prove insufficient to permit all DV visa
numbers to be made available, the cut-off for later months will
advance to a higher ranking on the regional or country registration
list. Heavy visa demand from a particular region or country could
in principle make necessary the retrogression (backward movement)
of a rank number cut-off also. No applicant should take future DV
visa availability for granted.
DV VISA NUMBERS COULD BE EXHAUSTED EVEN BEFORE THE END OF THE
FISCAL (VISA) YEAR. APPLICANTS CANNOT ASSUME THAT DV VISAS WILL BE
AVAILABLE THROUGH SEPTEMBER. WHENEVER VISA NUMBERS ARE USED TO
THEIR LIMIT, NO FURTHER DV VISAS CAN BE ISSUED AT CONSULAR OFFICES
ABROAD, AND NO FURTHER DV ADJUSTMENT OF STATUS APPLICATIONS CAN BE
APPROVED AT INS OFFICES IN THE U.S. LOTTERY WINNERS WHO WISH TO
TAKE ADVANTAGE OF THEIR DV REGISTRATION MUST BE PREPARED TO PURSUE
THEIR VISA OR ADJUSTMENT OF STATUS CASE TO PROMPT CONCLUSION.
Cut-off date movement in several immigrant categories during
the first five months of FY-1995 has been greater than might
ordinarily be expected. This is because fewer applicants are
appearing for interview or obtaining visas at consular posts
abroad as a result of the 1994 amendment to the adjustment of
status provision in the Immigration and Nationality Act (INA).
(Most qualified immigrant visa applicants who are in the United
States may now seek adjustment of status through INS even if they
are not in lawful nonimmigrant status; previously, most
applicants who were not maintaining lawful visa status were
prohibited from such adjustment at INS and had to travel abroad
to make their formal immigrant visa applications. Further, the
INA now stipulates that most persons who are NOT in lawful
nonimmigrant status at the time of departure from the U.S. cannot
be issued immigrant visas at a consular office abroad within 90
days of such departure. These provisions taken together have
resulted in fewer immigrant visa applications at consular offices
since October 1994 and more applications filed with INS for
adjustment of status.)
Although visa number use at consular offices has thus
declined, the corresponding increase in INS number use has not
yet become apparent, since INS offices will need time to process
the adjustment of status applications. The result has been a
temporary decrease in visa number use, which has permitted faster
cut-off date movements.
Once the cases of the additional adjustment of status
applicants begin to be brought to final action in large volume,
there will be a significant increase in INS visa number use and
cut-off date movements will necessarily slow or stop. Moreover,
in some categories (such as the "Other Worker" category, for
instance, where there has been particularly rapid recent cut-off
date movement), cut-off date retrogression is a definite
possibility.
Interested parties 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 a significantly increased
INS number use will influence the cut-off date determinations.
PREVIEW OF IMMIGRATION LEGISLATION TO COME UNDER THE REPUBLICAN CONGRESS
With both houses of the US Congress under Republican control for the first
time in more than forty years and with immigration one of the hottest issues
in the country, many believe that major immigration legislation will emerge.
Several Senators are already working on bills that, if passed, would
drastically reform the immigration system. Senator Alan K. Simpson, now
chairman of the Senate Judiciary Committee's Subcommittee on Immigration and
Refugee Issues, is expected to introduce legislation similar to legislation
introduced in 1994. That bill included some of the following provisions:
- cutting back legal immigration from 750,000 to 500,000
- expedited exclusion of aliens requesting asylum who arrive at ports o
f
entry without documentation
- imposing penalties on persons who sign I-134 Affidavits of Support
but
fail to live up to their promise
- new measures designed to keep out undocumented persons including
increased border controls
- new penalties agains filers of frivolous asylum claims
Senator Diane Feinstein, also on the subcommittee is expected to introduce
legislation imposing a border crossing fee of one to two dollars per
crossing. The money would support increasing border controls.
More extreme measures, such as moratoriums on legal immigration and measures
designed to limit public benefits (such as social security) only to US citizens
The Clinton administration is expected to introduce its own legislation to
reform the immigration system.
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