Flash News - Availability of EB immigrant visas

Bloged in California Immigration Lawyer by Peerally Sunday July 1, 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.

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