Home > Magazine > Immigration > Immigration News Briefs

 

Immigration News Briefs

By Humera Subhani Email By Humera Subhani
February 2012
Immigration News Briefs EB2 Cutoff Jumps to January 2010 for India and China

The U.S. Department of State Visa Bulletin for February 2012 brings more good news for many in the employment-based, second preference (EB2) category. The cutoff date in EB2 for India and China will advance to January 1, 2010, in February 2012. This development will allow many applicants to move into the final stage of their EB permanent residence (“green card”) cases.

USCIS to Propose Changing the Process for Certain Waivers
On Jan. 6, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a notice of intent in the Federal Register outlining its plan to reduce the time that U.S. citizens are separated from their spouses and children under certain circumstances while those family members go through the process of becoming legal immigrants to the United States. Currently, spouses and children of U.S. citizens who have accrued a certain period of unlawful presence in the United States, and have to leave the country as part of the legal immigration process, are barred from returning to their families for as long as three or 10 years. They can receive a waiver to allow them to return to their families by showing that their U.S. citizen family member would face extreme hardship as a result of the separation. This proposal would streamline the processing of these individuals’ waiver applications based on unlawful presence.

Under the proposed process, the spouses and children of U.S. citizens who are eligible for a visa to immigrate legally to the United States, but who need a waiver of inadmissibility for unlawful presence in order to obtain that visa expeditiously, would apply for a provisional waiver before leaving the United States to have their immigrant visa application processed at a U.S. embassy or consulate abroad. The notice limits the streamlined process to those individuals who are inadmissible based solely on having accrued a period of unlawful presence and—pursuant to statutory requirements—who can demonstrate extreme hardship to their U.S. citizen relative.

With the change outlined in the notice, individuals who currently qualify for a waiver of inadmissibility under the existing eligibility standards, and who can demonstrate that separation from their U.S. citizen spouse or parent would cause extreme hardship to that relative, would be allowed to apply for a waiver while still in the U.S.

By allowing these individuals to apply for waivers in the U.S. and making a provisional determination of waiver eligibility before the individuals must depart the country for visa processing, USCIS would provide a more predictable and transparent process and improved processing times, minimizing the separation of U.S. citizens from their families. The change would also streamline the process for both USCIS and the Department of State (DOS) when handling requests for these waivers. As a result, this change would encourage individuals who may be eligible for a waiver of inadmissibility to seek lawful readmission to the United States by limiting the amount of time they would need to spend away from their U.S. citizen spouse or parent.

USCIS will now collaborate with the Department of State to develop the streamlined process in greater detail. It plans to publish a notice of proposed rulemaking that will provide additional details and allow the opportunity for public comment. A final rule will then be published to implement the streamlined process. 

VISA PREFERENCE NUMBERS FOR FEBRUARY 2012

 

FAMILY

India

Pakistan/Bangladesh

1st

22Dec04

22Dec04

2A

08Jun09

08Jun09

2B

15Oct03

15Oct03

3rd

01Dec01

01Dec01

4th

08Sep00

08Sep00

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

Current

Current

2nd

01Jan10

Current

3rd

15Aug02

22Feb06

Other

15Aug02

22Feb06

4th

Current

Current

5th

Current

Current1B

 



 

Enjoyed reading Khabar magazine? Subscribe to Khabar and get a full digital copy of this Indian-American community magazine.


  • Add to Twitter
  • Add to Facebook
  • Add to Technorati
  • Add to Slashdot
  • Add to Stumbleupon
  • Add to Furl
  • Add to Blinklist
  • Add to Delicious
  • Add to Newsvine
  • Add to Reddit
  • Add to Digg
  • Add to Fark
blog comments powered by Disqus

Back to articles

 

DIGITAL ISSUE

08_17-Cover-Siddis-India.jpg
 

 

eKhabar

Sign up for our weekly newsletter
eKhabar

Click here  

SERVITIX.gif 

Raj&Patel-CPA-Web-Banner.jpgBG-PLUMBING-Banner-06_17.jpg

Krishnan Co WebBanner.jpg

PCPD- RED.gif

DineshMehta-CPA-Banner-0813.jpg

Global Holidays Axar Travel Banner ad.png

SDK small banner 7-16.jpg