The U.S. Citizenship and Immigration Service (USCIS) announced on March 29, 2012, that Syrian nationals – and persons without nationality who last habitually resided in Syria – will be eligible for Temporary Protected Status (TPS). The change was made in the wake of the current violence and upheaval in Syria.
The TPS designation for the Syian Arab Republic (Syria) was announced by Secretary of Homeland Security Janet Napolitano, and will remain in effect through September 30, 2013. The designation ends the removal of Syrian nationals from the United States, and makes such persons eligible to apply for employment authorization. There is a 180-day registration period which ends on September 25, 2012.
Syrian nationals wishing to apply for Temporary Protected Status must meet certain eligibility requirements, including demonstrating that they have been continually present and resided in the United States since March 29, 2012. In addition, they must pass a thorough background check. Individuals who pose a threat to national security or who have a criminal background will not be eligible for TPS.
Since the beginning of of 2011, Syria has been wracked by widespread social protest and an often violent crackdown by security forces. The conflict is part of the larger Arab Spring movement, in which multiple Middle Eastern countries have experienced social and political revolutions, with varying degrees of effectiveness, some violent, some less so. In Syria, according to the United Nations, approximately 10,000 people have been killed in the conflict, and tens of thousands have been injured. More than 130,000 Syrian nationals have fled to neighboring countries to escape the violence.
The fighting has been most prominent in Homs, the third-largest city in Syria. Homs emerged as the center of the uprising, and government forces bombarded the city for months, leading to loss of life and destroyed buildings, before U.N. observers moved in.
The head of a U.N. observer mission in Syria has called on President Bashar Assad and the country’s rebels to observe a cease-fire. Major General Robert Mood, a Norwegian, faced an uphill battle, as skirmishes continued to break out throughout the country, and many observers feared the worst: civil war.
As the turmoil in their home country continues, Syrian nationals in the United States will be eligible for TPS granting Syrians in the U.S. With a safe haven for now. There are seven other countries currently designated for TPS: El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan and South Sudan.
Stewart Rabinowitz is President of Rabinowitz & Rabinowitz, P.C. Mr. Rabinowitz is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com
Starting June 4, 2012, USCIS will begin to accept and decide waiver applications for immigrant visa applicants who require a waiver of inadmissibility at a single office in the United States instead of at various USCIS offices located throughout the world. The change in processing location which USCIS announced on May 23, 2012, is welcome news for immigrant visa applicants who up to now have faced wildly varying time frames for waiver adjudications from 1 month to more than 1 year, depending on which USCIS the waiver is processed. Filings for a waiver of grounds of inadmissibility, and an application for permission to reapply for admission after removal are covered by this change. USCIS points out that the standards for each waiver remain unchanged. There will be a 6 month transition period for waiver applicants at the U.S. post in Ciudad Juarez, giving applicants at that consular post a choice of U.S. mail-in waiver processing or filing in-person at the USCIS office also located in Ciudad Juarez, Mexico.
The U.S. Office of Immigration Statistics (OIS), a part of the Department of Homeland Security (DHS) has released a report detailing the status of lawful permanent residents (LPRs) in the United States as of 2011.
Foreign nationals granted lawful permanent resident status have the unrestricted right to reside in the United States for as long as such persons choose, provided they make the United States their permanent home of all homes which they may have in the world. Such persons have the right to join certain branches of the armed forces, live and work anywhere in the United States, and apply to become a citizen if they meet certain eligibility requirements.
In 2011, slightly more than 1 million people were granted LPR status in the United States. Approximately 65% of these residents gained their status through a close family relationship with a U.S. citizen. The top countries of origin for new LPRs were Mexico (14 percent), China (8.2 percent) and India (6.5 percent).
The statute governing United States immigration is the Immigration and Nationality Act (INA), as amended. Under INA, there are 2 principal vehicles through which foreign nationals qualify to immigrate: through certain family relationships, or through certain offers of employment. Once the family or employment based petition is approved, the foreign national either applies for an immigrant visa abroad, or if in the United States applies to adjust status to that of a lawful permanent resident. Additionally, foreign nationals who hold refugee or asylee status can also qualify.
There are annual visa limits on preference-based immigration. In 2011, the limit was 366,000, including 226,00 visas granted in the family sponsored categories, and 140,000 visas granted in the employment-based categories. Another category is diversity-based preference, which refers to nationals of countries with relatively low rates of immigration to the United States. Nationals of countries with fewer than 50,000 admissions based on employment or family preferences during the previous 5 years are eligible for the Diversity Visa Program. Many immigrant visa categories – both family and employment – are backlogged in that there is a substantial wait for a visa to become available.
Some applicants for LPR status are exempt from the above requirements, most notably immediate relatives of U.S. citizens. This includes spouses and children of U.S. citizens, including children adopted abroad. It also includes parents of U.S. children aged 21 and over. The category of immediate relatives of U.S. citizens accounts for 40% of the flow of legal permanent residents, on average.
Stewart Rabinowitz is President of Rabinowitz & Rabinowitz, P.C. Mr. Rabinowitz is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. To contact a Dallas immigration lawyer or Dallas immigration attorney visit http://www.rabinowitzrabinowitz.com.
1. This bulletin summarizes the availability of immigrant numbers during June. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by May 8th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority dateearlier than the cut-off date may be allotted a number. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin.
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
3. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:
FAMILY-SPONSORED PREFERENCES
First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:
A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.
Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.
Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)
Family-Sponsored
All Charge-ability Areas Except Those Listed
CHINA- mainland born
INDIA
MEXICO
PHILIPPINES
F1
22JUN05
22JUN05
22JUN05
15MAY93
01JUL97
F2A
01JAN10
01JAN10
01JAN10
08DEC09
01JAN10
F2B
15APR04
15APR04
15APR04
01JAN92
08DEC01
F3
01APR02
01APR02
01APR02
15JAN93
22JUL92
F4
08JAN01
15DEC00
08JAN01
01JUN96
22JAN89
*NOTE: For June, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08DEC09. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08DEC09 and earlier than 01JAN10. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)
5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:
EMPLOYMENT-BASED PREFERENCES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)
Employment- Based
All Chargeability Areas Except Those Listed
CHINA- mainland born
INDIA
MEXICO
PHILIPPINES
1st
C
C
C
C
C
2nd
C
U
U
C
C
3rd
08JUN06
08AUG05
15SEP02
08JUN06
22MAY06
Other Workers
08JUN06
22APR03
15SEP02
08JUN06
22MAY06
4th
C
C
C
C
C
Certain Religious Workers
C
C
C
C
C
5th
Targeted
EmploymentAreas/
Regional Centers
and Pilot Programs
C
C
C
C
C
*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.
6. The Department of State has a recorded message with visa availability information which can be heard at: (202) 663-1541. This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.
B. DIVERSITY IMMIGRANT (DV) CATEGORY
Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This resulted in reduction of the DV-2012 annual limit to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.
For June, immigrant numbers in the DV category are available to qualified DV-2012 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
Region
All DV Chargeability Areas Except Those Listed Separately
AFRICA
CURRENT
ASIA
CURRENT
EUROPE
CURRENT
Except: Uzbekistan 17,050
NORTH AMERICA (BAHAMAS)
CURRENT
OCEANIA
CURRENT
SOUTH AMERICA, and the CARIBBEAN
CURRENT
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 the DV-2012 program ends as of September 30, 2012. DV visas may not be issued to DV-2012 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2012 principals are only entitled to derivative DV status until September 30, 2012. DV visa availability through the very end of FY-2012 cannot be taken for granted. Numbers could be exhausted prior to September 30.
C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JULY
For July, immigrant numbers in the DV category are available to qualified DV-2012 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:
Region
All DV Chargeability Areas Except Those Listed Separately
AFRICA
CURRENT
ASIA
CURRENT
EUROPE
CURRENT
Except: Uzbekistan 17,700
NORTH AMERICA (BAHAMAS)
CURRENT
OCEANIA
CURRENT
SOUTH AMERICA, and the CARIBBEAN
CURRENT
D.CHINA-MAINLAND AND INDIA EMPLOYMENT SECOND PREFERENCE CATEGORY IS UNAVAILABLE
Despite the retrogression of the China and India Employment Second preference cut-off date to August 15, 2007, demand for numbers by applicants with priority dates earlier than that date remained excessive. Such demand is primarily based on cases which had originally been filed with the U.S. Citizenship and Immigration Services (USCIS) for adjustment of status in the Employment Third preference category, and are now eligible to be upgraded to Employment Second preference status. The potential amount of such “upgrade” demand is not currently being reported, but it was evident that the continued availability of Employment Second preference numbers for countries other than China and India was being jeopardized. Therefore, it was necessary to make the China and India Employment Second preference category “Unavailable” in early April, and it will remain so for the remainder of FY-2012.
Numbers will once again be available for China and India Employment Second preference cases beginning October 1, 2012 under the FY-2013 annual numerical limitations. Every effort will be made to return the China and India Employment Second preference cut-off date to the May 1, 2010 date which had been reached in April 2012. Readers should be advised that it is impossible to accurately estimate how long that may take, but current indications are that it would definitely not occur before spring 2013.
USCIS has indicated that it will continue accepting China and India Employment Second preference I-485 filings during May, based on the originally announced May cut-off date.
E.EMPLOYMENT FIRST AND SECOND PREFERENCE VISA AVAILABILITY
Item F of the May Visa Bulletin (number 44) provided projections regarding visa availability in the coming months. Information received from the USCIS after the publication of that item requires an update in the projections for the Employment First and Second preference categories.
Employment First: Based on the current rate of demand, it may be necessary to establish a cut-off date at the end of the fiscal year in an effort to limit number use within the annual numerical limit.
Employment Second: Based on the current rate of demand, it may be necessary to establish a cut-off date for this category for all countries other than China and India. Such action may be required at any time during the next few months.
Please be advised that the above are only estimates for what could happen during the next few months based on applicant demand patterns experienced in recent months.
F. DIVERSITY VISA LOTTERY 2013 (DV-2013) RESULTS
The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified the winners of the DV-2013 diversity lottery. The diversity lottery was conducted under the terms of section 203(c) of the Immigration and Nationality Act and makes available *50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States. Approximately105,628 applicants have been registered. Applicants may check the status of their entry using the confirmation number through Entrant Status Check on the websitewww.dvlottery.state.gov. Entrants selected may make an application for an immigrant visa. Since it is likely that some of the first *50,000 persons registered will not pursue their cases to visa issuance, this larger figure should insure that all DV-2013 numbers will be used during fiscal year 2013 (October 1, 2012 until September 30, 2013).
Applicants registered for the DV-2013 program were selected at random from7,941,400 qualified entries (12,577,463 with derivatives) received during the 30-day application period that ran from noon, Eastern Daylight Time on Tuesday, October 4, 2011, until noon, Eastern Daylight Time on Saturday, November 5, 2011. The visas have been apportioned among six geographic regions with a maximum of seven percent available to persons born in any single country. During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or show two years of work experience in an occupation that requires at least two years of training or experience within the past five years. Those selected will need to act on their immigrant visa applications quickly. Applicants should follow the instructions provided on the website www.dvlottery.state.gov.
Registrants living legally in the United States who wish to apply for adjustment of their status must contact the USCIS for information on the requirements and procedures. Once the total *50,000 visa numbers have been used, the program for fiscal year 2013 will end. Selected applicants who do not receive visas by September 30, 2013 will derive no further benefit from their DV-2013 registration. Similarly, spouses and children accompanying or following to join DV-2013 principal applicants are only entitled to derivative diversity visa status until September 30, 2013.
Dates for the DV-2014 program registration period will be widely publicized in the coming months. Those interested in entering the DV-2014 program should check the Department of State’s Visa web page for more details in September.
* The Nicaraguan and Central American Relief Act (NACARA) passed by Congress
in November 1997 stipulated that up to 5,000 of the 55,000 annually-allocated diversity visas be made available for use under the NACARA program. The reduction of the limit of available visas to 50,000 began with DV-2000.
The following is the statistical breakdown by foreign-state chargeability of those registered for the DV-2013 program:
AFRICA
ALGERIA 2,161
GABON 38
SAO TOME & PRINCIPE 0
ANGOLA 47
GAMBIA, THE 85
SENEGAL 394
BENIN 809
GHANA 5,105
SEYCHELLES 0
BOTSWANA 18
GUINEA 1,350
SIERRA LEONE 2,516
BURKINA FASO 296
GUINEA-BISSAU 25
SOMALIA 197
BURUNDI 94
KENYA 4,410
SOUTH AFRICA 956
CAMEROON 3,858
LESOTHO 6
SOUTH SUDAN 5
CAPE VERDE 25
LIBERIA 1,916
SUDAN 747
CENTRAL AFRICAN REP. 18
LIBYA 138
SWAZILAND 3
CHAD 28
MADAGASCAR 40
TANZANIA 150
COMOROS 8
MALAWI 29
TOGO 1,065
CONGO 156
MALI 80
TUNISIA 145
CONGO, DEMOCRATIC REPUBLIC OF THE 3,924
MAURITANIA 31
UGANDA 513
COTE D’IVOIRE 805
MAURITIUS 67
ZAMBIA 87
DJIBOUTI 79
MOROCCO 2,068
ZIMBABWE 169
EGYPT 5,015
MOZAMBIQUE 10
EQUATORIAL GUINEA 19
NAMIBIA 21
ERITREA 804
NIGER 53
ETHIOPIA 4,910
NIGERIA 6,218
RWANDA 369
ASIA
AFGHANISTAN 128
ISRAEL 175
OMAN 10
BAHRAIN 15
JAPAN 440
QATAR 24
BHUTAN 4
JORDAN 251
SAUDI ARABIA 287
BRUNEI 8
NORTH KOREA 0
SINGAPORE 31
BURMA 403
KUWAIT 137
SRI LANKA 802
CAMBODIA 986
LAOS 1
SYRIA 170
HONG KONG SPECIAL ADMIN.REGION 92
LEBANON 269
TAIWAN 360
INDONESIA 215
MALAYSIA 67
THAILAND 75
IRAN 6,029
MALDIVES 0
TIMOR-LESTE 1
IRAQ 164
MONGOLIA 167
UNITED ARAB EMIRATES 98
NEPAL 4,370
YEMEN 266
EUROPE
ALBANIA 1,520
GERMANY 1,253
NORTHERN IRELAND 45
ANDORRA 0
GREECE 99
NORWAY 50
ARMENIA 1,174
HUNGARY 246
POLAND 2,038
AUSTRIA 108
ICELAND 38
PORTUGAL 40
AZERBAIJAN 373
IRELAND 138
Macau 2
BELARUS 1,195
ITALY 396
ROMANIA 711
BELGIUM 79
KAZAKHSTAN 533
RUSSIA 2,846
BOSNIA & HERZEGOVINA 54
KOSOVO 183
SAN MARINO 0
BULGARIA 1,299
KYRGYZSTAN 237
SERBIA 303
CROATIA 75
LATVIA 140
SLOVAKIA 100
CYPRUS 10
LIECHTENSTEIN 0
SLOVENIA 5
CZECH REPUBLIC 73
LITHUANIA 248
SPAIN 196
DENMARK 77
LUXEMBOURG 4
SWEDEN 162
Faroe Islands 9
MACEDONIA 262
SWITZERLAND 131
ESTONIA 47
MALTA 4
TAJIKISTAN 330
FINLAND 72
MOLDOVA 1,330
TURKEY 1,807
FRANCE 549
MONACO 3
TURKMENISTAN 94
French Polynesia 11
MONTENEGRO 11
UKRAINE 6,424
New Caledonia 0
NETHERLANDS 109
UZBEKISTAN 5,101
Saint Barthelemy 4
Aruba 8
VATICAN CITY 0
GEORGIA 723
Curacao 7
Sint Maarten 2
NORTH AMERICA
BAHAMAS, THE 16
OCEANIA
AUSTRALIA 1,035
NAURU 14
TONGA 91
Christmas Islands 0
NEW ZEALAND 373
TUVALU 3
Cocos Island 2
Cook Islands 0
VANUATU 5
Norfolk Island 4
Niue 7
WESTERN SAMOA 30
FIJI 597
Tokelau 7
KIRIBATI 5
PALAU 1
MARSHALL ISLANDS 0
PAPUA NEW GUINEA 18
MICRONESIA, FEDERATED STATES OF 1
SAMOA 0
SOLOMON ISLANDS 0
SOUTH AMERICA, CENTRAL AMERICA, AND THE CARIBBEAN
ANTIGUA & BARBUDA 3
DOMINICA 17
SAINT LUCIA 19
ARGENTINA 117
GRENADA 18
VINCENT & THE GRENADINES 14
BARBADOS 5
GUYANA 43
SURINAME 4
BELIZE 22
HONDURAS 90
TRINIDAD & TOBAGO 137
BOLIVIA 74
NICARAGUA 65
URUGUAY 15
CHILE 42
PANAMA 31
VENEZUELA 924
COSTA RICA 63
PARAGUAY 8
CUBA 490
SAINT KITTS & NEVIS 5
Natives of the following countries were not eligible to participate in DV-2013: Bangladesh, Brazil, Canada, China (mainland-born, excluding Hong Kong S.A.R., Macau S.A.R., and Taiwan), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, the Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.
