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The memo below was issued by USCIS today (July 17, 2007). Please read carefully and feel free to contact our office on 510 742 5887 for any additional information. www.Peerallylaw.com

GREAT NEWS !!!!!!!!

USCIS Announces Revised Processing Procedures for Adjustment of Status Applications

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced that, beginning immediately, it will accept employment-based applications to adjust status (Form I- 485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107. July Visa Bulletin, No. 107.

Office of Communications

www.uscis.gov

July 17, 2007

Contact: Office of Communications

202-272-1200

USCIS Update

USCIS Announces Revised Processing Procedures for

Adjustment of Status Applications

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced that, beginning immediately, it will accept employment-based applications to adjust status (Form I- 485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107.

USCIS will accept applications filed not later than August 17, 2007.

On July 2, 2007, USCIS announced that it would not accept any additional employment-based applications to adjust status. USCIS made that announcement after receiving an update from the Department of State that it would not authorize any additional employment-based visa numbersfor this fiscal year. After consulting with USCIS, the Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability, and that Visa Bulletin #108 (dated July 2) has been withdrawn.

“The public reaction to the July 2 announcement made it clear that the federal government’s management of this process needs further review,” said Emilio Gonzalez, USCIS Director. “I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.”

USCIS’s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month’s time to do so. Applications already properly filed with USCIS will also be accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, willapply to all other applications filed on or after July 30, 2007).

According to the American Immigration Lawyers Association, we are hearing from multiple sources that, on Monday or Tuesday of next week, State Department plans to issue a revised Visa Bulletin for July 2007…

 This revised Bulletin would retrogress some or all of the employment-based categories, very likely to the point of unavailable. Reports from AILA members about unusual levels and types of activities by USCIS indicate a particular push to adjudicate employment-based adjustments currently in the pipeline so as to exhaust visa numbers for fiscal year 2007.

 If this is the case, should we still file the Adjustment of Status (Form I-485) ?

The short answer from our office is yes because:

·         It is not certain what day the revised Bulletin will be issued.

·         It is possible that the revised bulletin will not issue at all–efforts to stop this unprecedented action are being pursued.

 ·         If you “front desk” the application, i.e. decide it is futile to file, and a remedy opens up later, having submitted the applications may improve the chances of utlizing whatever fix might be available.

·         If you do submit the adjustments, be sure to use a method whereby you can document delivery, and keep that documentation for each client. AILF’s Legal Action Center is seeking plaintiffs with respect to both the adjustment applications that were or are expected to be rejected for June and the adjustment applications that are expected to be rejected in July.

We will keep you up to date as more information is obtained.