WEEK OF JULY 12, 2007 – JULY 18, 2007

THIS WEEK’S IMMIGRATION NEWS

Reminder That USCIS Filing Fees Skyrocket On July 30^th!

On July 30^th, Filing Fees for most immigration applications will skyrocket! The next few weeks is your last opportunity to file family and other immigration petitions under the existing Filing Fees structure. For a list of the new Filing Fees, you can go online to: www.uscis.gov/21stCenturyService , call the USCIS at: 800-375-5283, or stop by our office and pick up a Filing Fees hand out for Family Immigration cases which we have prepared.

USCIS Sends Receipts To Applicants With The Wrong 800#

On June 8, 2007 the USCIS reported that notices sent to applicants between 3/23/07 and 6/5/07 listed an incorrect phone number for the 1-800 number. The Service estimates that the error may have affected approximately 200,000 people. The correct phone number for the National Customer Service Center (NCSC) is 800-375-5283.

THIS WEEK’S IMMIGRATION QUESTIONS:

Question: I am a US citizen, I petitioned for my older sister and finally, after almost 12 years, she was approved. But now that the visa has been approved and the visa center is sending me forms, I have some questions. Will my sister’s husband and my nieces and nephews be able to immigrate with her? I listed them on the family application. Also, my elderly parents live with them, so can they also immigrate also?. My sister takes care of them because they are not in good health. We don’t think they could live alone. Thank you so much for your answer. God Bless.

IMMIGRATION NEWS

State Dept. issues “Revised” July 2007 Visa Bulletin for Employment-Based Visas

In an unprecedented move, on July 2, 2007, the State Dept announced that Employment-based Immigrant Visas would no longer be available until Oct 1, 2007. This is in complete contradiction to the Visa Bulletin which was released in early June for July 2007 showing that Immigrant Visas were available in all Employment-based categories. For several weeks since release of the initial Visa Bulletin, thousands of immigrants nationwide have been preparing for their Green Card applications to be filed on July 1, 2007. Attorneys across the country are outraged at the move, suggesting that the State Dept. may in part be motivated by the desire to charge these immigrants the increased Filing Fees which go into effect July 31, 2007.

The Senate withdraws The Immigration Bill – vowing to fight another day!

By now you are aware that the Senate failed to get enough votes to move forward with immigration reform this summer. Senate supporters of Comprehensive Immigration Reform are vowing to continue fighting, but immigration experts agree that there is little likelihood that the Senate will propose any immigration measures this year – more likely beginning in 2008, or even after the 2008 elections, for legislation in early 2009. This does not keep the House from bringing forward its own Comprehensive Immigration Reform bill, however, without Senate support, the Congress will be unable to pass a final Bill for the President to sign.

THIS WEEK’S IMMIGRATION NEWS

The Senate Has Revived the Immigration Reform Bill!

As expected, Senate negotiators have reached an agreement to revive the Immigration Reform Bill (S. 1348) and return it to the Floor for a final debate at the end of June. Senators will likely vote on a negotiated package of 20-24 amendments before proceeding with a vote on final passage. I’ll keep you updated once the Bill gets to the floor and amendments are passed.

Employment-Based Immigrants Can Apply of Residency

The Department of State Visa Bulletin, which is the Bible for employment and family based preference categories, released the July Visa Bulletin for 2007 showing that all employment based categories have unexpectedly become current! This means that all employment-based immigrants including those with approved labor certifications and nurses/physical therapist, who have been waiting years – can now file for Adjustment of Status (I-485) and begin the Residency process beginning on July 1st. The July Bulletin is valid for July 1-31 only, so there is no way to determine exactly how long these dates will remain current. The best advice is to file your Green Card applications as soon after July 1^st as possible. If you have any questions about your priority date or eligibility to file your residency application, you can contact my office.

The Senate Stalls On Immigration Reform debate – Temporarily!

After much behind the scenes negotiating on provisions of the Immigration Reform Bill between key Republican and Democratic Senators throughout the day on June 7^th, the Bill was withdrawn for consideration at a later date. While Senate leaders expressed a strong desire to bring the immigration Bill back to the floor for consideration - in the not too distant future, this could mean in a few weeks, or a few months. For those immigrants who have been anxiously waiting passage of the Law, don’t be too discouraged! Most experts predict that the next few weeks (or months) will involve a flurry of negotiations between proponents and opponents of the current proposal in hopes of finding a middle ground that both sides can agree on. Rather than the quick 2-4 month time period originally estimated for passage of the Law, it could be near year-end or early 2008.

For those of you who are beginning to lose hope – DON’T!!! While I can’t use a crystal ball to see into the future….and I certainly cannot guarantee it…after years of seeing Immigration Reform proposals come and go, I can honestly say that this is the closest we have been, with the absolute best opportunity for passage – at some point soon. The latest proposal (without amendments) is certainly not the best measure for immigrants, but it is something we could all live with. Most importantly, if passed, the Z Visa will provide legalization for millions of immigrants who are here living and working, raising families, contributing to our economy and enriching our communities!

Immigrants will be able to work legally, obtain Driver’s Licenses, Social Security numbers and essentially live the American Dream, instead of hiding in the shadows, feeling constant fear for themselves and their families that they will be arrested or deported. That alone makes the proposal worthwhile, even though most family-based immigration categories will sadly be essentially eliminated.