Visa Bulletin for December 2015

This bulletin summarizes the availability of immigrant numbers during December 2015. 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. 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.

See the bulletin here.

Clinton Immigration Reform Plan

Presidential frontrunner Hillary Clinton announced her plans for immigration reform this week. She maintains that we must “fix our immigration system [as] this is a family issue, it’s an economic issue…[and] it is at heart a family issue…That’s why we can’t wait any longer, we can’t wait any longer for a path to full and equal citizenship.”

Specifically, Clinton will fight for comprehensive immigration reform that provides a full and equal path to citizenship, treats every person with dignity, upholds the rule of law, protects our borders and national security, and brings millions of hardworking people into the formal economy.

She will defend President Obama’s DACA and DAPA executive actions. President Obama’s executive actions that provide relief from deportation for DREAMers and parents of Americans and lawful residents would protect an estimated 5 million people.  Further, her plan will conduct humane, targeted immigration enforcement by ending family detention and closing private immigrant detention centers.

These are just a handful of the substantive items Clinton has proposed. For more information, contact ALO at 978-905-9992.

TPS Nepal Deadline

The deadline for eligible nationals of Nepal (and people without nationality who last habitually resided in Nepal) to register for Temporary Protected Status (TPS) is Monday, Dec. 21, 2015. This deadline marks the end of the 180-day initial registration period. The TPS designation for Nepal runs from June 24, 2015, through Dec. 24, 2016.

To be eligible for TPS, you must demonstrate that you meet all eligibility criteria, including that you have been both “continuously physically present” and “continuously residing” in the U.S. since June 24, 2015. You must also undergo thorough security checks. Individuals with certain criminal records or who pose a threat to national security are not eligible for TPS.

For more information, contact ALO at 978-905-9992.

Fiance Visa Reviews

In light of the horrific shootings in San Bernardino, California where one of the two accused shooters entered the U.S. on a K1 finance visa, at the direction of the President, the Department of Homeland Security will be reviewing these cases. The exact nature and extent of this review is unknown, although the issue of marriage fraud will likely be a primary focus.

Currently, applicants go through an extensive vetting process, which includes national background checks, one-on-one interviews, a review of work and family history, travel history, and most relevant, a check against U.S. terrorist watch lists. Despite this however, the accused shooter was able to enter the U.S. legally as she did not present any red flags.

DHS spokeswoman Marsha Catron said DHS and the Department of State are reviewing the fiancé visa program “to assess possible program enhancements.” The administration is also reviewing the Visa Waiver Program, which allows most citizens from 38 countries to travel to the United States without applying for a visa.

For more information about how this review may impact your pending or potential case, please contact Agarwal Law Offices at 978-905-9992.