Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive for some) opportunity to file I-485 applications. We are also happy to provide a free quote for preparing and filing your I-485 application.

We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about the January 2017 Visa Bulletin.

DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS.

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EMPLOYMENT-BASED PREFERENCES

First: Priority Workers:

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:

Third: Skilled Workers, Professionals, and Other Workers:

Fourth: Certain Special Immigrants:

Fifth: Employment Creation: Some of which reserved for investors in a targeted rural or high-unemployment area, and others set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

There are many applicants across the family categories who can now process their (and their family members’) I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad.

Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive for some) opportunity to file I-485 applications. We are also happy to provide a free quote for preparing and filing your I-485 application.

We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about the January 2017 Visa Bulletin.

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens:

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:

A. (F2A) Spouses and Children of Permanent Residents:

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:

Third: (F3) Married Sons and Daughters of U.S. Citizens:

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:

 The time the I-601A waiver is processing with USCIS does not count against the one year rule.
 USCIS notifies NVC that an I-601A waiver has been filed. NVC relies on this communication from
USCIS, not on communication from attorneys/applicants about the I-601A.
 NVC won’t schedule an interview until the I-601A waiver is approved. However, if the applicant
provides NVC with all documents while the I-601A waiver is pending, and USCIS notifies NVC that
the I-601A waiver is denied, NVC will send the case to the Embassy for appointment.
 NVC is notified by USCIS about decision on the I-601A waiver application.

Calling all lawyers…nominate your peers in private practice whom you admire and respect for the Best of the Bar, a publication of the San Diego Business Journal.

1. Nominate ethical and skilled lawyers to whom you would refer clients.
2. Lawyers cannot nominate themselves,
3. Lawyers cannot make the list based solely on same-firm votes.
4. Out-of-firm votes are weighted ore heavily than in-firm votes.
5. When making in-firm nominations lawyers also must nominate an equal or greater number of lawyers from outside their firm. Otherwise, their votes will not be tallied.
6. Nominees must be in private practice.
7. Ballots must include attorney’s license number for authenticity.
8. General Counsels are not eligible.

A review panel will have the discretion to eliminate nominations.

ELIGIBILITY: Bar members in good standing in private practice in San Diego County are eligible.

Nomination Deadline: February 17, 2017

Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive for some) opportunity to file I-485 applications. We are also happy to provide a free quote for preparing and filing your I-485 application.

We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about the January 2017 Visa Bulletin.

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.

There are many applicants across the family categories who can now process their (and their family members’) I-485 Adjustment of Status applications from within the U.S. or process their immigrant visa at a U.S. Consulate abroad.

Please do not hesitate to contact us if our office can help you take advantage of this (very time-sensitive for some) opportunity to file I-485 applications. We are also happy to provide a free quote for preparing and filing your I-485 application.

We also invite you to contact us if our office can be of any assistance in your immigration matters or you have any questions or comments about the January 2017 Visa Bulletin.

DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS.

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens:

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:

A. (F2A) Spouses and Children of Permanent Residents:

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:

Third: (F3) Married Sons and Daughters of U.S. Citizens:

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:

MAVNI Future Soldiers who are not in a current immigration status must apply to be reinstated to their former status or for Deferred Action. This is a mandatory requirement and their status will be verified when the current shipping restrictions have been removed. All FS will have their immigration status verified prior to being allowed to ship to training.

Deferred Action, if granted, will allow the FS to apply for a work permit for the specified period of time the Deferred Action is granted. The attachments outline the process of applying. It can also be applied for the FS’s spouse, children and parents, if applicable. The applications will be treated on a case by case basis, there is no guarantee of approval of the FS or their family members. MAVNI FSs currently in an approved immigration status may also apply if they wish to as it would allow them to apply for a work permit to support themselves while waiting to ship to training. FS who are in a current status that apply would maintain their current status if their request for Deferred Action is not approved.

The instructions to apply for Deferred Action are outlined within the attachments. Other detailed information is available at www.uscis.gov/military.discretionary-options Questions related to the application process can also be addressed at (877) 247-4645 or by making an appointment at a local field office at https://my.uscis.gov/appointment.

FSs may also be instructed to consult with and obtain the services of an Immigration Attorney for assistance, if they wish to do so.

There is no fee to apply for Deferred Action. To make the request, the FS should submit the following to the USCIS office with jurisdiction over his or her place of residence:

1) A letter stating basis for the Deferred Action request.

Letter requesting deferred action should include but is not limited to;

1. Name of Future Soldier
2. The fact that the FS is in a delayed shipping status for the Army or Army Reserve under the MAVNI program.
3. When the FS joined, when they were supposed to ship to training, and are now on an indefinite hold.
4. If the FS is out of status-what status did he/she have? When the status was lost or expired?
5. The fact that the FS wishes to apply for deferred action so he/she can become eligible to ship to training once the hold has been lifted.
6. The FS will also need to request employment authorization to enable him/her to support themselves while on hold.

If the FS is in status but unable to work, the letter will include most of the above except the letter will address being authorized employment only so he/she can support themselves while waiting to ship.

2) Evidence of current or prior Military Service (or copy of enlistment contract, DD Form 4 and Enlistment Annex is sufficient);

3) Proof of family relationship, if applying based on family relationship to military member, veteran, or enlistee;

4) Proof of identity and nationality;

5) If applicable, any document used to lawfully enter the United States (including, but not limited to, Form I-94, Arrival/Departure Record, passport with visa and/or admission stamp, and any other documents issued by other components of DHS or legacy INS);

6) Form G-325A, Biographic Information;

7) Two identical, color, passport style photographs; and

8) Evidence of any additional discretionary factors the requestor would like USCIS to consider.

Unfortunately, there is no definitive update as to when the additional Security screening after the NIAC and SSBI close favorably is going to be instituted.

Current indications is that this shipping delay will go on until at least the summer of 2017. When additional information is available it will be announced immediately.

We are getting questions about DEP/DTP loss forgiveness, at this time there is no plan give loss forgiveness for MAVNI losses. It is understood that if a MAVNI decides to not ship and is cancelled, it is through no fault of theirs or the recruiting force but because of the sheer number of DEP/DTPs, loss forgiveness is not possible.

Please inform G3, EEPD Policy with any update on FSs that have been granted permanent residence or have been Naturalized. It may be possible for them to ship without delay after verification has been made of their new status and results of their security screening checks.

Any questions please refer to an immigration attorney for assistance.

If a CBP officer made disparaging, intimidating, or unprofessional remarks during the inspection process, it is critical that you report these instances up the chain of command.

We have received several reports from individuals who were exposed to unprofessional, intimidating, and demeaning conduct by CBP officers during the inspection and admissions process.

Individuals seeking admission in H-1B or TN status, among others, were reportedly subjected to heavy questioning and innuendo that included remarks about President-Elect Trump’s intention to withdraw from NAFTA, terminate the H-1B program, etc.

In general, to report CBP misconduct, contact the appropriate CBP Professionalism Service Manager, a supervisor at the port of entry, the Port Director, or Field Office Director. In addition, you can file an online complaint with CBP directly at the CBP Information Center.

AILA is also tracking these instances so that it can raise the larger issue of training and professionalism with CBP Headquarters. If you have been subjected to such treatment, please complete this short survey.

“Visitor” visas are for persons desiring to enter the United States temporarily for medical treatment (B-2).

If you are traveling to the U.S. for medical treatment, you should bring the following documents to your interview:

• A medical diagnosis from a physician, explaining the nature of the ailment and the reason the applicant requires treatment in the United States;
• A letter from a physician or medical facility in the United States, expressing a willingness to treat this specific ailment and detailing the projected length and cost of treatment (including doctors’ fees, hospitalization fees, and all medical-related expenses);
• A statement of financial responsibility from the individual or organization which will pay for the patient’s transportation, medical and living expenses. The individual guaranteeing payment of these expenses must provide proof of ability to do so, often in the form of bank or other statements of income/savings or certified copies of income tax returns. In some cases it may be necessary to pay these costs to the U.S. facility in advance.

Qualifying for a Visa

You must qualify for a visitor visa under the Immigration and Nationality Act. Among other provisions, the law requires you to demonstrate that you are not intending to immigrate to the U.S. To do so, you must show that:

• The purpose of youir trip is to enter the U.S. for business, pleasure, or medical treatment;
• That you plan to remain for a specific, limited period;
• You have sufficient funds to cover expenses in the United States;
• You have compelling social, familial and economic ties abroad; and
• You have a residence outside the U.S. that you do not inted to abandon.

Since its inception in 2009, the Michael Maggio Immigrants’ Rights Summer Fellowship Program has awarded a dedicated law school student each year the opportunity to engage in a self-initiated project that strengthens their commitment for advocacy and promotes justice and equality for vulnerable immigrant groups.

The Fellowship was established by the American Immigration Lawyers Association (AILA), the Center for Human Rights and Constitutional Law (CHRCL), and the National Immigration Project of the National Lawyers Guild (NIP/NLG), to commemorate the life and legal contributions of Michael Maggio and to continue his pursuit for equality and peace.

The Fellowship is a wonderful opportunity for any law school student who is driven to raise awareness and fight for underserved immigrants, particularly at a time of uncertainty in the immigration advocacy field. The need for committed, energetic, activist lawyers is now greater than ever.

The Fellowship:
The Fellowship awards $2,500 to a law student to work on an immigration related student-initiated project. Applicants must submit a project proposal with an organization willing to host the student for 10 weeks. The student’s proposal must include a collaborative plan with the host organization to partially match the Fellowship award in the amount of $1,500. This matching may be done by either direct stipend by the host organization or through other means, e.g., law school public interest funding, independent fundraising, etc. This ensures that the student will receive a total funding in the amount of $4,000.

The deadline for the 2017 Fellowship is Tuesday, February 28, 2017.

To learn more about the Fellowship and to download the application form, visit www.maggiofellowship.org. If you have specific questions about the fellowship program, please contact smarks@aila.org.

Please share with your networks and encourage any and all law students to apply for this wonderful opportunity!

Best,
Susan

Susan Timmons Marks
Associate Director
AILA Practice & Professionalism Center