The Nepal Digest - Feb 2, 1995 (18 Magh 2051 BkSm)

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The Nepal Digest Thursday 2 Feb 95: Magh 18 2051 BkSm Volume 36 Issue 2

  Today's Topics:

                 Special Issue: Immigration
       
 ******************************************************************************
 * TND Board of Staff *
 * ------------------ *
 * Editor/Co-ordinator: Rajpal J. Singh a10rjs1@mp.cs.niu.edu *
 * SCN Liaison: Rajesh B. Shrestha rshresth@black.clarku.edu *
 * Consultant Editor: Padam P. Sharma sharma@plains.nodak.edu *
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 * The Nepal Digest(TND) is a publication of the Nepal Interest Group for *
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 * +++++ Food For Thought +++++ *
 * "If you don't stand up for something, you will fall for anything" -Dr. MLK *
 * "Democracy perishes among the silent crowd" - Sirdar_RJS_Khalifa *
 ******************************************************************************
********************************************************* Date: Tue, 17 Jan 1995 17:13:21 CST From: gsiskind@telalink.net (Gregory Siskind, Attorney at Law) To: The Nepal Digest

SISKIND'S IMMIGRATION BULLETIN

December 1994 - Special Issue

Published by Siskind and Susser, Attorneys at Law, 110 30th Avenue North, Suite 1, Nashville, Tennessee 37203, United States of America, telephone: 615/320-9109, facsimile: 615/320-5681, email: Gsiskind@telalink.net, WWW home page: http://www.telalink.net/vn/siskind/ .

Disclaimer: The information contained in this newsletter is not intended to create an attorney client relationship and should not be construed as legal advice. Any reliance on information contained herein is taken at the reader's own risk.

This discussion is intended to address most of the major questions many of you have asked me about the DV-96 Lottery. The discussion includes sample forms to guide you in completing your own application.

What is the "Green Card" Lottery?

      This discussion is intended to answer questions people
 may have regarding the upcoming DV-96 lottery (better known as the
 "green card lottery") and give directions for submitting a lottery
 application.

      The U.S. Congress has authorized the allotment of 55,000
 immigrant visas in the DV-96 category during Fiscal Year 1996.
 Foreign nationals who are natives of countries determined by the
 I.N.S. (according to a mathematical formula based upon population
 totals and totals of specified immigrant admissions for a 5-year
 period) are eligible to apply. The application period will begin
 at 12:01 a.m. Eastern Time on January 31, 1995, and will end at
 midnight on March 1, 1995.

Nationals of which countries are excluded?

       China-mainland China and Taiwan (nationals of Hong Kong are included), India, Philippines, Vietnam, South Korea, the United Kingdom
(Northern Ireland natives are eligible), Canada, Mexico, Jamaica, El Salvador, Columbia and the Dominican Republic.

How are visas allotted?

      The DV-96 program apportions visa issuance among six
 geographic regions (Africa, Asia, Europe, North America (other
 than Mexico), Oceania, and South America (including Mexico,
 Central America and the Caribbean). The world is divided up into
 high and low admission regions and each of the six regions is
 divided into high and low admission states. A greater portion of
 the visas go to the low admission regions than to high admissions
 regions. High admission states are entirely excluded from the
 lottery (those states are listed above) and low admission states
 compete equally with other low admission states in the same
 region. No single state may receive more than 7% (3,850) of the
 55,000 allotted visas. The allotment for this year is as follows:

Africa: 20,426 Asia: 7,087 Europe: 24,257 North America: 8 (only the Bahamas is included) South America: 2,407 Oceania: 815

Who is eligible to apply for the lottery?

     To receive a DV-96 visa, an individual must be a native of
 a low admission foreign state (described above). The individual
 must have at least a high school education or its equivalent, or,
 within the preceding five years, two years work experience in an
 occupation requiring at least two years training or experience.

 What does it mean to have a "high school education or its
 equivalent?"

     "High School education or its equivalent" means the
 successful completion of a twelve year course of elementary and
 secondary education in the U.S. or successful completion in
 another county of a formal course of elementary and secondary
 education comparable to complete a 12 year education in the U.S.
 or successful completion in another country of a formal cause of
 elementary and secondary education comparable to completion of a
 12 year education in the U.S. Passage of a high school
 equivalency examination is not sufficient. It is permissible to
 have completed one's education in less than 12 years or greater
 than 12 years if the course of study completed is equivalent to a
 U.S. high school education. Documentary proof of education
 (including a diploma or school transcript) should NOT be submitted
 with the application, but must be presented to the consular office
 at the time of formally applying for an immigrant visa
 application.

What does it mean to have "two years work experience in an
 occupation requiring at least two years training or
 experience?"

 The determination of which occupations require at least
 two years of training or experience shall be based upon the
 Department of Labor's Dictionary of Occupational Titles. If the
 occupation is not listed in the DOT, the Department of State will
 consider alternate evidence. Please Email or write me if you
 need to check the DOT (this will probably not be necessary for the
 vast majority of you since most of you have high school degrees or
 the equivalent. As with proof of education, documentary proof of
 work experience should not be submitted with the application, but
 must be presented to the consular office at the time of a formal
 immigrant visa application.

Can I be a "native" of a country other than the country in which I
 was born?

 A native is both someone born within one of qualifying
 countries and someone entitled to the "charged" to such country
 under Section 202(b) of the Immigration and Nationality Act. Thus
 someone may be (1) charged to the country of birth of his/her
 spouse; (2) a minor dependent child can be charged to the country
 of birth of a parent; and (3) an applicant born in a country of
 which neither parent was a native may be charged to the country of
 birth of either parent. If one claims to be a native of a country
 other than where one was born, he/she must include a statement to
 that effect on the lottery application and must show the country
 of chargeability on the application envelope (see discussion of
 the application form and envelope).

Will applying for the lottery affect one's ability to receive a nonimmigrant visa?

     Probably not. Technically, filing a visa lottery
 application is equivalent to filing an immigrant petition.
 According to source at the Department of State, a consulate will
 only be notified IF the person is selected in the lottery. An
 individual who is not chosen is on his honor to state that he/she
 applied for the lottery. Theoretically, if your name is selected
 in the lottery, you may have trouble renewing nonimmigrant status
 while waiting for your name to be cleared for processing (see
 discussion on the postselection process for securing a green
 card). This should only be a temporary problem since permanent
 residency should eventually be awarded. There is still a risk that
 you will fail to be deemed eligible for the DV-96 visa or the
 Department of State will have overestimated the number of
 individuals to select in the lottery (see discussion on how the
 selection process works). However, one lawyer I spoke with stated
 that over the last several years, he has instructed his clients to
 answer the question on the OF 156 concerning previous immigrant
 visa applications as follows: "My lawyer entered me in the AA1
 [this year the DV-96] lottery." He reports that he has never had a
 problem reported. The Department of State may be issuing an
 advisory letter on this issue soon and I will post a message to
 the group. I have yet to hear of anyone denied a visa because of a previous lottery application.

Do I need to be in lawful visa status to compete?

 An individual who is in the U.S. need NOT be in lawful
 status to compete in the lottery. However, the Department of
 State has indicated that it will share information with the
 Immigration and Naturalization Service for the "formulation,
 amendment, administration and enforcement" of the country's
 immigration laws.

Does it matter whether I am or am not in the U.S.?

 Individuals who otherwise meet the requirements for
 competition in the lottery, may compete whether they are in the
 United States or in a foreign country.

Are there any limitations on the number of entries I can send in
 for the lottery?

 Each individual is limited to one application in the
 lottery. If more than one application is received, the individual
 will be totally disqualified. Note: More than 400,000 applicants
 were disqualified in the last lottery due to multiple
 applications.

May a husband and wife each submit a separate application?

Yes. If otherwise qualified, a husband and a wife may each submit one lottery application. If either is selected in the lottery, the
 other would be entitled to derivative status.

Is there a minimum age to apply for the lottery?

 There is not a minimum age to apply for the lottery. However, the
 education/work experience requirements will effectively preclude
 most people under 18 from applying.

May I adjust status in the U.S. if I am selected?

 An applicant may adjust status (switch to permanent
 residency in the U.S.) if they meet the normal requirements for
 adjusting status with the INS (including not having previously
 been out of visa status). Applicants who adjust must first send
 the forms they receive from the National Visa Center back to the
 National Visa Center. In order to apply for adjustment of status,
 the INS must be able to complete action on the case before
 September 30, 1996.

How does the selection process work?

 The National Visa Center in New Hampshire will receive
 all applications. Upon receipt, the NVC will place the letter
 into one of six geographic regions and assign the letter an
 individual number. Within each region, the first letter randomly
 selected will be the first person registered, the second letter
 selected will be the second person registered, etc. When a case
 is registered, the applicant will immediately be sent a
 notification letter which will give visa application instructions.

 About 100,000 persons, both principal applicants and their
 spouses and children, will be registered. Since it is probable
 that some of the first 55,000 persons registered will not apply
 for a DV-96 visa, this figure is assumed to eventually be reduced
 to about 55,000. However, there is a risk that some applicants
 will be left out. According to the Department of State, all
 applicants will be informed promptly of their place on the list.
 Each month visas will be issued, according to registration lottery
 rank order, to those ready for visa issuance for that month. Once
 55,000 visas are issued, the program ends. Registrants for this
 year's lottery will have to apply for a visa before September 1995
 at the latest. You must be prepared to act promptly if your name
 is selected.

How will I know if I was not selected?

 The State Department will not notify applicants who are
 not selected. The only way you will know that you are not
 selected is if you have not received a registration notification
 letter before the date the INS officially states that it has stopped notifying people (expected to be done within three months of March 1, 1995).

Is there an application fee to enter the lottery?

 No. There is no fee for submitting a lottery application. If you win the lottery, you will pay the regular visa fees paid by any immigrant visa applicant at the time of visa issuance.

Can someone selected in the lottery receive a waiver of any of the grounds of visa ineligibility?

 No. There is no special provision for the waiver of any
 grounds of visa ineligibility other than those provided for in the
 Immigration and Nationality Act. Also, unlike in previous years,
 holders of J 1 visas with a two year home residency requirement
 will not be able to receive a waiver of this requirement by virtue
 of being selected in the lottery. A holder of a J visa can still
 enter the lottery, but he/she will have to qualify for a residency
 waiver in the same manner as is normally required to get such a
 waiver. Because all visas must be issued by the end of September
 1996, individuals who have not yet begun their home residency are
 effectively precluded (unless they are otherwise eligible for a
 waiver).

***********************************************************************************************

May someone apply for a DV-96 visa if they are already registered in another visa category

 Yes.

In what region is my native country assigned?

               (1) Africa

                    Algeria
                    Angola
                    Benin
                    Botswana
                    Burkina
                    Burundi
                    Cameroon
                    Cape Verde
                    Central African Republic
                    Chad
                    Comoros
                    Congo
                    Cote d'Ivoire (Ivory Coast)
                    Djibouti
                    Egypt
                    Equatorial Guinea
                    Eritrea
                    Ethiopia
                    Gabon
                    Gambia, The
                    Ghana
                    Guinea
                    Guinea-Bissau
                    Kenya
                    Lesotho
                    Liberia
                    Libya
                    Madagascar
                    Malawi
                    Mali
                    Mauritania
                    Mauritius
                    Morocco
                    Mozambique
                    Namibia
                    Niger
                    Nigeria
                    Rwanda
                    Sao Tome and Principe
                    Senegal
                    Seychelles
                    Sierra Leone
                    Somalia
                    South Africa
                    Sudan
                    Swaziland
                    Tanzania
                    Togo
                    Tunisia
                    Uganda
                    Zaire
                    Zambia
                    Zimbabwe

               (2) Asia

                    Afghanistan
                    Bahrain
                    Bangladesh
                    Bhutan
                    Brunei
                    Burma
                    Cambodia
                    China-mainland
                    China-Taiwan (a "state" within the meaning
                                  of the Act)
                    Hong Kong (a "state" within the meaning of
                               the Act)
                    India
                    Indonesia
                    Iran
                    Iraq
                    Israel
                    Japan
                    Jordan
                    Korea, North
                    Korea, South
                    Kuwait
                    Laos
                    Lebanon
                    Malaysia
                    Maldives
                    Mongolia
                    Nepal
                    Oman
                    Pakistan
                    Philippines
                    Qatar
                    Saudi Arabia
                    Singapore
                    Sri Lanka
                    Syria
                    Thailand
                    United Arab Emirates
                    Vietnam
                    Yemen

               (3) Europe

                    Albania
                    Andorra
                    Armenia
                    Austria
                    Azerbaijan
                    Belarus
                    Belgium
                    Bosnia and Herzegovina
                    Bulgaria
                    Croatia
                    Cyprus
                    Czech Republic
                    Denmark
                    Estonia
                    Finland
                    France
                    Georgia
                    Germany
                    Greece
                    Hungary
                    Iceland
                    Ireland
                    Italy
                    Kazakhstan
                    Kyrgyzstan
                    Latvia
                    Liechtenstein
                    Lithuania
                    Luxembourg
                    Macedonia, The Former Yugoslav Republic of
                        Malta
                    Moldova
                    Monaco
                    Montenegro (a "state" for purposes of the
                                Act; Serbia and Montenegro have
                                proclaimed the formation of a
                                joint independent state, but
                                this entity has not been
                                formally recognized as a state
                                by the United States.)
                    Netherlands
                    Northern Ireland (a "state" within the
                                      meaning of the Act)
                    Norway
                    Poland
                    Portugal
                    Romania
                    Russia
                    San Marino
                    Serbia (a "state" for purposes of the Act;
                            Serbia and Montenegro have
                            proclaimed the formation of a joint
                            independent state, but this entity
                            has not been formally recognized as
                            a state by the United States.)
                    Slovakia
                    Slovenia
                    Spain
                    Sweden
                    Switzerland
                    Tajikistan
                    Turkmenistan
                    Turkey
                    Ukraine
                    United Kingdom
                    Uzbekistan
                    Vatican City (an independent city under the
                                  jurisdiction of the Holy See)

               (4) North America

                    Bahamas, The
                    Canada
                    United States

               (5) Oceania

                    Australia
                    Fiji
                    Kiribati
                    Marshall Islands
                    Micronesia, Federated States of
                    Nauru
                    New Zealand
                    Palau
                    Papua New Guinea
                    Solomon Islands
                    Tonga
                    Tuvalu
                    Vanuatu
                    Western Samoa

               (6) South America, Mexico, Central America, and
                    the Caribbean

                    Antigua and Barbuda
                    Argentina
                    Barbados
                    Belize
                    Bolivia
                    Brazil
                    Chile
                    Colombia
                    Costa Rica
                    Cuba
                    Dominica
                    Dominican Republic
                    Ecuador
                    El Salvador
                    Grenada
                    Guatemala
                    Guyana
                    Haiti
                    Honduras
                    Jamaica
                    Mexico
                    Nicaragua
                    Panama
                    Paraguay
                    Peru
                    St. Kitts and Nevis
                    St. Lucia
                    St. Vincent and the Grenadines
                    Suriname
                    Trinidad and Tobago
                    Uruguay
                    Venezuela

***********************************************************************************************

***********************************************************************************************  

How do I apply for the lottery?

 There is no form for the DV 1 lottery. All that is
 required is that the proper information is typed or clearly
 printed in the Roman alphabet on a plain sheet of paper.

 Each application must take the following form:

 1. APPLICANT'S FULL NAME
        Last Name, First Name and Middle Name
        (Underline Last Name/Surname/Family Name)
        Example: Doe, John James

 2. APPLICANT'S DATE AND PLACE OF BIRTH
        Date of Birth: Day, Month, Year
        Example: 15 November 1961
        Place of Birth: City/Town, District/County,Province,County
        Example: Munich, Bavaria, Germany

 3. NAME, DATE AND PLACE OF BIRTH OF APPLICANT'S SPOUSE
        AND CHILDREN

[Note: Do not list parents as they are not entitled to derivative status]

4. APPLICANT'S MAILING ADDRESS AND NEAREST CONSULATE

 Be sure the address is complete since this is where
 notification will be sent if the application is selected. A
 telephone number is optional. Also list location of U.S. Consular
 office closest to current residence or last residence prior to
 entering U.S.

5. APPLICANT'S NATIVE COUNTRY IF DIFFERENT FROM
 COUNTRY OF BIRTH

 The application should be placed in an envelope which is between
 6 inches and 10 inches (15 cm to 25 cm) in length and between 3 1/2
 inches and 4 1/2 inches (9 cm to 11 cm) in width.

 In the upper left hand corner of the front of the
 envelope must be the country of which the applicant is a native.
 Typed or clearly printed below the country must be the same name
 and mailing address of the applicant as are shown on the
 application form.
        
        Example: New Zealand
                  Doe, John James [NOTE: Underline family name]
                  1111 Main Street
                  Nashville, Tennessee 37204

Where do I send the application?

      Applications must be sent by regular mail or air mail
 (not by hand delivery, telegram, or any means requiring
 acknowledgment such as registered mail or express mail) to one of
 the six following addresses, depending upon the region of the
 applicant's native country.

 Note carefully the importance of using the correct postal zip code
 for each region:

           ASIA: DV-96 Program
                             National Visa Center
                             Portsmouth, NH 00210, U.S.A.

          SOUTH AMERICA: DV-96 Program
                             National Visa Center
                             Portsmouth, NH 00211, U.S.A.

          EUROPE: DV-96 Program
                             National Visa Center
                             Portsmouth, NH 00212, U.S.A.

          AFRICA: DV-96 Program
                             National Visa Center
                             Portsmouth, NH 00213, U.S.A.

         OCEANIA: DV-96 Program
                             National Visa Center
                             Portsmouth, NH 00214, U.S.A.

         NORTH AMERICA: DV-96 Program
                             National Visa Center
                             Portsmouth, NH 00215, U.S.A.

DISCLAIMER: This file is not intended to create an attorney client
 relationship. The information contained in this file is not
 intended to be legal advice.

************************************************************ To: visalaw@listserv.telalink.net From: gsiskind@Telalink.Net (Gregory Siskind, Attorney at Law)

SISKIND'S IMMIGRATION BULLETIN

January 1995

Published by Siskind and Susser, Attorneys at Law, 110 30th Avenue North, Suite 1, Nashville, Tennessee 37203, United States of America, telephone: 615/320-9109, facsimile: 615/320-5681, email: Gsiskind@telalink.net, WWW home page: http://www.telalink.net/vn/siskind/ .

To subscribe to Siskind's Immigration Bulletin, send an email message to majordomo@listserv.telalink.net with the message "subscribe visalaw".

Disclaimer: The information contained in this newsletter is not intended to create an attorney client relationship and should not be construed as legal advice. Any reliance on information contained herein is taken at the reader's own risk.

VISA SPOTLIGHT: K-1 FIANCES OF US CITIZENS

     A fiance of a US citizen may apply for a non-immigrant visa which is called a K-1. Unlike other non-immigrant visas, however, the applicant must prove his intent to stay in the US rather than return to his/her home country. The K-1 visa holder and any children accompanying or following to join the fiance are permitted to enter for a 90 day period during which the couple must marry.

        The visa petitioner must show that the couple has met in person in with in two years of the date of filing the petition. The couple must show they have a bona fide intent to marry and are legally able and actually willing to conclude a valid marriage within a period of ninety days after the alien fiance arrive's in the US (or face the requirement to depart the US). A variety of supporting evidence should be submitted including proof of the petitioner's U.S. citizenship, phone bills showing calls to one another, correspondence between the fiances, photographs of the couple, airline ticket receipts from trips where the couple previously met, etc.

        The requirement that the couple have met within the two years prior to the visa petition is intended to deter "mail-order" marriages and can only be waived by the INS if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the beneficiary's foreign culture or social practice. Denial for failing to meet within the last two years does not hurt one's chances of success if an application is refiled after both parties have met.

        A K-1 fiance application is filed with the INS and not a State Departme nt consulate outside of the U.S. However, if the citizen fiance is outside of the US, he/she can execute the K-1 petition before a consular or immigration official abroad who will then forward the petition tothe appropriate INS office in the US for processing.

        Both parties must be able to show the INS that they are legally free to
  marry within 90 days of entering the US (such as showing that they are free of any prior marriages). Unfortunately, the INS is unsympathetic to granting an extension of the K-1 visa beyond 90 days except in extreme circumstances.

CONSULAR FOCUS: CIUDAD JUAREZ, MEXICO

Address and phone number:

        US Consulate General, Chihuahua Avenida Lopez Mateos 924N, Ciudad Juare z, Telephone: 52-16-13-40-48; mailing address: P.O. Box 10545, El Paso, TX 79995-0545; fax: 011-52-16-16056 (not for routine correspondence or packet replies).

        The consulate is located five minutes from the Bridge of the Americas w hich links Mexico and the United States and 30 minutes from the El Paso airport
(depending on bridge traffic).

Visas to get into Mexico:

        Fortunately, Mexican official almost never conduct immigrant documentat ion checks at the US-Mexican border crossing points between El Paso and Ciudad Juarez. Such inspections occur at various border checkpoints south of the major border cities. They also rarely inspect people leaving Mexico at the international bridges. If one is going only to visit the US Consulate, there should be no contact with Mexican immgration officials.

Ciudad Juarez time zone:

        Juarez is on central time all year while El Paso is on Mountain Dayligh t Time in the winter and Mountain Standard Time in the summer (i.e. Juarez is one hour ahead of El Paso during the winter and the same time as El Paso during the summer).

Transportation to Juarez from El Paso:

        Taxis are easy to hire both in El Paso and at the US Consulate in Juare z. A cab from El Paso airport should cost about $25-30. Remember that you will be delayed crossing through US immigration when going back to the US and you may want to pay an additional fee (normally no more than $10/hour) for the cab to wait for you at the other side of the border (this might not be possible if the wait is unusually long).

Accomodations:

        Note that I am not making recommendations with respect to any of these hotels:
        
        La Playa Hotel (across the street from the consulate)
        Avenida Lopez Mateos #1035
        Phone: 01152-16-137188, 114408 or 114409

        Calinda Hotel (owned by Best Western)
        Hermanos Escobar #3515
        Phone: 01152-16-163421, 163229 or 163421

        Lucerna Hotel
        Paseo Triunfo de la Republica #3976
        Phone: 01152-16-133232 or 112911

        Holiday Inn
        Paseo Triunfa de la Republica #3745

***********************************************************************************************         Phone: 01152-16-296000
        

Nonimmigrant visas:

        The Juarez consulate is unusual in that it will adjudicate the case of any nonimmigrant visa applicant who is physically present at the consulate. It is best to arrive at the consulate between 6:30 a.m. and 10:00 a.m. (the consulate doors open between 7:00 a.m. and 8:00 a.m). You can expect to leave the consulate no earlier than 2:00 in the afternoon. The decision on the visa is made at an interview with a consular official that normally takes less than ten minutes and is often completed in just two or three. After being interviewed, a preliminary security check is made and then you are directed to the building where you will pay the visa fee (you will have to pay $20 for the machine readable visa ("MRV") fee and any fee applicable to your particular kind of visa that applies to nationals of your home country (the fees vary and you will are advised to check with the Department of State or your attorney before leaving)). You will then return and present to the interviewing officer your fee receipt. Your visa will then take two to three hours to process.

        If you are applying for an E-1 or E-2 Treaty Trader or Investor visa, y ou should note that Juarez requires that the applications be submitted for pre-screening about three weeks in advance of the anticipated date of arrival. You also will need to fill out a special questionnaire prepared by the Juarez consulate (note that a standard E visa questionnaire for all consulates is in the planning stage but has not been finalized). I recommend consult an attorney to find out more about applying for the E visa at Juarez since the procedure is fairly complicated.

        If you are applying for an F-1 visa, be prepared to demonstrate that yo u have a sufficient source of funds to support yourself and that you have sufficient reasons to return to your foreign residence upon completeion of studies. This is especially important when you have relatives living permanently in the US. Make sure that you present the I-20, assistantship letter or other evidence of financial support and any documentation of ties to your home country (such as property ownership, close family in your home country, a job offer, etc.) as well as passport. Note that nearly one-fifth of student visas are denied at Juarez usually for failing to meet the requirements noted above.

        If you are applying for a J-1 visa, bring your IAP-66 as well as proof of nonimmigrant intent, evidence of financial support and copies of transcripts and diplomas as well as passport.

        If you are applying for an H, L, O, or P, be prepared to present the en tire I-797 sheet (do not tear off the bottom portion of the approval notice), an updated letter from your company indicating that the job offer and offered salary are still valid, recent pay stubs, an attorney-certified copy of the entire visa application package. A recent tax return and W2 form as well as copies of transcripts, degrees and previously submitted INS forms may be useful if an individual is or was once out of status. However, if you have been out of status, you are strongly urged to consult legal counsel in order to address problems which may result from being out of status.

        The overall nonimmigrant visa issuance rate at Juarez is 66%.

Immigrant Visas:

        Ciudad Juarez does not except third country immigrant visa applications
 and Mexican national adjudications are handled by the INS office in Ciudad Juarez.

        The Juarez consulate normally does not require any documents beyond tho se listed in Packet 3. You should plan on having your medical examination on the morning before the day of the interview. The medical examination must be performed by one of the following clinics:
                
                Servicios Medicos
                Avenida Lopez Mateos 1091
                Ciudad Juarez
                Phone: 13-77-77 or 1-915-549-6145

                Clinica Medica International
                Avenida Lopez Mateos 1035
                Ciudad Juarez
                Phone: 13-96-11 or 915-549-1030

Holidays:

        The Juarez consulate closes for both US and Mexican holidays. Consult the holiday list included elsewhere in this newsletter.

        The overall initial approval rate for immigrant visas is 86%.

  In case of denial:

        Make sure you do not surrender your I-94 card when you leave the US to enter Mexico. US immigration law permits persons to return from territories contiguous to the US if they have an unexpired I-94 and they are returning within 30 days of departure (regardless of whether the underlying visa is expired). If you are denied your visa, you should still be able to reenter without problem if you have retained your I-94. Note that if you are out of status (i.e. no valid visa or I-94), you are risking being prevented from returning to the US and you should consider consulting a lawyer to discuss whether an advance parole can be requested which would permit the alien to return to the US.

A GUIDE TO INS FORMS AND FEES

AR-11 Change of Address no fee I-9 Employment Eligibility Verification no fee I-17 School Approval $140 I-20 Certificate of Eligibility for
                                          Nonimmigrant (F-1) Student Status
         no fee I-90 Appl to Repace Green Card $75 I-94 Arrival/Departure Record no fee I-102 Appl for Replacement/Initial
                              Arrvl/-Departure $65 I-129 Petition For Nonimmigrant Worker fee varies I-130 Petition For Alien Relative $80 I-131 Appl for Travel Document $70 I-134 Affidavit of Support no fee I-140 Immigrant Petition For Alien Worker $75 I-191 Appl Advance Permission to Return
                  to Unrelinquished Domicile $90 I-193 Appl for Waiver of Passport or Visa $90 I-212 Appl to Reapply for Admissn After
                  Deportation/Rmvl $95 I-360 Petition for Special Immigrant $80 I-485 Application for Adjustment of Status $130 I-485a Supplement to I-485 $650 (if
                                                       applicable) I-539 Appl to Extend/Change Nonimmigrant
                        Status $75 I-589 Request for Asylum in the US no fee I-600 Petition to Classify Orphan as
                  Immediate Relative $155 I-600A Appl for Advnce Procssng of
                  Orphan Petn $155 I-601 Appl for Waiver of Grounds
                        of Excludability $95 I-612 Appl for Waiver of Foreign Res
                        Requirement Section 212(e) $95 I-693 Medical Exam/Adjstmnt Status no fee I-751 Petn to Remove the Conditions on
                        Permanent Residence $80 I-765 Appl for Employment Authorization $70 I-797 Notice of Action No fee I-824 Appl for Voluntary Departure Under
                        Family Unity Program $80 IAP-66 Cert of Eligibility Exchange
                        Visitor Status no fee IRS-9003 Tax form for permanent residents varies N-300 Application for File Declaration
                        of Intention $75 N-400 Application for Naturalization $95 N-470 Appl to Preserve Residence for
                        Naturalization Purposes $115 N-565 Appl for Replacement Natz or
                        Citizenship Document $65 N-600 Appl for Certificate of
                        Citizenship $100 N-643 Appl for Certif of Ctznshp in bhlf
                        of Adpted Child $80 OF-156 Nonimmigrant Visa Application Varies

Note that forms are sometimes replaced or combined with other forms and that INS and State Department fees change periodically.

HOLIDAY SCHEDULE FOR THE US CONSULATE IN CIUDAD JUAREZ

M/A January 1, 1995 Sunday - New Year's Day A January 16 Monday Martin Luther King's
                                             Birthday M February 5 Sunday Anniversary of Mexican
                                             Constitution A February 20 Monday President's Day M March 21 Tuesday Benito Juarez's
                                             Birthday M April 13 Thursday Holy Thursday M April 14 Friday Good Friday M May 1 Monday Mexican Labor Day M May 5 Friday Anniversary of the
                                             Battle of Puebla A May 29 Monday Memorial Day A July 4 Tuesday Independence Day A September 4 Monday Labor Day M September 16 Saturday Mexican Independence
                                             Day A October 9 Monday Columbus Day M October 12 Thursday Dia de la Raza M November 2 Thursday All Soul's Day A November 11 Saturday - Veterans Day M November 20 Monday Anniversary of the
                                             Mexican Revolution A November 23 Thursday Thanksgiving Day M/A December 25 Monday Christmas Day

"M" refers to Mexican. "A" refers to American.

- According to U.S. law, American holidays falling on Saturday will be observed on Friday and those falling on Sunday will be observed on Monday.

EASTERN SERVICE CENTER PROCESSING TIME REPORT

Source: American Immigration Lawyers Association

                                                       Receipt Notice
                                   Processing for Processing Time
                                   Initial Receipt --------------- Applications/Petition Type Date From To

I-90 Replacement Card May 25, 1994 180 210

I-90A Saw November 16, 1994 30 60

I-129/S New Amended NI Worker December 27, 1994 15 21

I-129(F) Fiance(e) Current 15 21

I-130 Immediate Relative August 19, 1994 240 280

I-130 Preference May 6, 1994 240 280

I-131 Reentry Permit/ Ref. Travel Doc.

I-140 Immigrant Worker October 17, 1994 30 60

I-360 Pet. for Widow/ Spec. Imm. September 28, 1994 60 120

I-485 Adjustment December 27, 1994 30 90

I-526 Investor Current 15 30

I-539 Change/Extend NI Status-Employment Based December 27, 1994 30 60

I-539 Change/Extend NI Status - Other December 27, 1994 30 60

I-589 Asylum Current 30 90

I-698 Legalization - Adjustment to LPR Current 30 60

I-730 Refugee/Asylee Relative Petition

I-751 Remove Conditions December 22, 1994 30 45

I-765 Employment Author- ization - Asylum Based December 27, 1994 60 90

I-765 Employment Author- ization - Other December 9, 1994 60 90

I-817 Family Fairness Current 30 60

I-824 Actions on Approved Petitions Current 60 90

N-400 Naturalization

N-600 Application for Citizenship

Total Pending Applications (All Types)
(G22 Total + pending asylum)

NORTHERN SERVICE CENTER PROCESSING TIMES

Source: American Immigration Lawyers Association

Date: December 29, 1994

On the date indicated above this Service Center was processing to completion applications/petitions pending in this office as indicated below:

Application/Petition Initial Receipt Date

I-90 09/12

I-90A 09/19

I-129 12/16

I-129F 09/26

I-130 SP 09/13

I-130 Other 09/09

I-131 11/10

I-140 10/3

I-212 08/30

I-360 10/03

I-485 None Pending

I-526 12/08

I-539 Employment Based 12/16

I-539 Other 9/21

I-589 12/09

I-612 10/21

I-694 Appeals 10/21

I-751 10/11

I-765 Asylum 12/09

I-765 Other 11/15

I-817 09/20

I-824 11/28

FEBRUARY STATE DEPARTMENT VISA BULLETIN

IMMIGRANT NUMBERS FOR FEBRUARY 1995

A) STATUTORY NUMBERS (This communication provides priority dates and other transitional information as taken from the State Department's Visa Bulletin released January 12, 1994.)
     On the following chart, the listing of a date for any class indicates that the class is oversubscribed; "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available.

Family Preferences
   All Charge-
   ability Areas China-
   Except Those mainland Dominican
   Listed born Republic India Mexico Philippines

1st C C C C 01AUG94 22NOV85

2A* 22DEC91 22DEC91 22DEC91 22DEC91 01DEC91 22DEC91

2B 08MAR90 08MAR90 22FEB90 08MAR90 08MAR90 01MAY89

3rd 15AUG92 15AUG92 15AUG92 15AUG92 15APR87 15SEP83

4th 22MAR85 22MAR85 22MAR85 22JUL83 15FEB84 03AUG77

*NOTE: For FEBRUARY, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01DEC91. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01DEC91 and earlier than 22DEC91.
(2A numbers subject to per-country limit are "unavailable" for applicants chargeable to MEXICO.) (The three-year transition program which had provided additional visas for spouses/children of legalization beneficiaries has ended; petitions approved on behalf of such spouses/children continue to accord them status in the Family 2A preference, however.)

Employment-Based
  All Charge-
  ability Areas China-
  Except Those mainland Dominican
  Listed born Republic India Mexico Philippines

1st C C C C C C

2nd C C C C C C

3rd C 08JUL93 C C C 01MAR94

Other 01JUL89 01JUL89 01JUL89 01JUL89 01JUL89 01JUL89 Workers

4th C C C C C 26JUL93

Certain C C C C C 26JUL93 Religious Workers

5th C C C C C C

Targeted C C C C C C Employment Areas/Regional Centers

The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the Immigration and Nationality Act provides 55,000 immigrant visas each fiscal year (beginning with FY-1995) to provide immigration opportunities for persons from countries other than the principal sources of current immigration to the United States. DV visas are divided among six geographic regions. Not more than 3,850 visas (7% of the 55,000 visa limit) may be provided to immigrants from any one country.

The allotment of FY-1995 visa numbers for each region is as follows: Africa, 20,200; Asia, 6,837; Europe, 24,549; North America
(Bahamas), 8; South America, Central America, and the Caribbean, 2,589; and Oceania, 817.

For February, immigrant numbers in the DV category are available to qualified applicants chargeable to all regions/eligible countries as follows. Visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut- off number:
               All DV Charge-
               ability Areas
               Except Those Region Listed Separately
  AFRICA AF 14031 EXCEPT: EGYPT AF 11676
                                         NIGERIA AF 13477

ASIA AS 06214
  EUROPE EU 47139 EXCEPT: POLAND EU 07459 NORTH AMERICA NA 00010
(BAHAMAS)
  OCEANIA OC 00976
  SOUTH AMERICA, SA 02818 CENTRAL AMERICA, and the CARIBBEAN

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for Fiscal (visa) Year 1995 ends as of September 30, 1995, and their lottery registration will confer no benefit after that date.

AS WITH EARLIER LOTTERIES, TO PERMIT DV VISAS TO BE ISSUED TO THE LIMITS, SUBSTANTIALLY MORE PERSONS HAVE BEEN REGISTERED THAN THERE ARE VISAS, SINCE MANY APPLICANTS ARE LIABLE NOT TO PURSUE THEIR VISA CASE. APPLICANTS WHO WANT TO OBTAIN VISAS MUST RESPOND AS QUICKLY AS POSSIBLE TO THE DV NOTIFICATION LETTER.

Should visa demand by applicants with lottery rank numbers lower than a particular cut-off prove insufficient to permit all DV visa numbers to be made available, the cut-off for later months will advance to a higher ranking on the regional or country registration list. Heavy visa demand from a particular region or country could in principle make necessary the retrogression (backward movement) of a rank number cut-off also. No applicant should take future DV visa availability for granted.

DV VISA NUMBERS COULD BE EXHAUSTED EVEN BEFORE THE END OF THE FISCAL (VISA) YEAR. APPLICANTS CANNOT ASSUME THAT DV VISAS WILL BE AVAILABLE THROUGH SEPTEMBER. WHENEVER VISA NUMBERS ARE USED TO THEIR LIMIT, NO FURTHER DV VISAS CAN BE ISSUED AT CONSULAR OFFICES ABROAD, AND NO FURTHER DV ADJUSTMENT OF STATUS APPLICATIONS CAN BE APPROVED AT INS OFFICES IN THE U.S. LOTTERY WINNERS WHO WISH TO TAKE ADVANTAGE OF THEIR DV REGISTRATION MUST BE PREPARED TO PURSUE THEIR VISA OR ADJUSTMENT OF STATUS CASE TO PROMPT CONCLUSION.

Cut-off date movement in several immigrant categories during the first five months of FY-1995 has been greater than might ordinarily be expected. This is because fewer applicants are appearing for interview or obtaining visas at consular posts abroad as a result of the 1994 amendment to the adjustment of status provision in the Immigration and Nationality Act (INA).
(Most qualified immigrant visa applicants who are in the United States may now seek adjustment of status through INS even if they are not in lawful nonimmigrant status; previously, most applicants who were not maintaining lawful visa status were prohibited from such adjustment at INS and had to travel abroad to make their formal immigrant visa applications. Further, the INA now stipulates that most persons who are NOT in lawful nonimmigrant status at the time of departure from the U.S. cannot be issued immigrant visas at a consular office abroad within 90 days of such departure. These provisions taken together have resulted in fewer immigrant visa applications at consular offices since October 1994 and more applications filed with INS for adjustment of status.)

     Although visa number use at consular offices has thus declined, the corresponding increase in INS number use has not yet become apparent, since INS offices will need time to process the adjustment of status applications. The result has been a temporary decrease in visa number use, which has permitted faster cut-off date movements.

     Once the cases of the additional adjustment of status applicants begin to be brought to final action in large volume, there will be a significant increase in INS visa number use and cut-off date movements will necessarily slow or stop. Moreover, in some categories (such as the "Other Worker" category, for instance, where there has been particularly rapid recent cut-off date movement), cut-off date retrogression is a definite possibility.

     Interested parties should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon a significantly increased INS number use will influence the cut-off date determinations.

PREVIEW OF IMMIGRATION LEGISLATION TO COME UNDER THE REPUBLICAN CONGRESS

With both houses of the US Congress under Republican control for the first time in more than forty years and with immigration one of the hottest issues in the country, many believe that major immigration legislation will emerge.

Several Senators are already working on bills that, if passed, would drastically reform the immigration system. Senator Alan K. Simpson, now chairman of the Senate Judiciary Committee's Subcommittee on Immigration and Refugee Issues, is expected to introduce legislation similar to legislation introduced in 1994. That bill included some of the following provisions:

- cutting back legal immigration from 750,000 to 500,000
- expedited exclusion of aliens requesting asylum who arrive at ports o f entry without documentation
- imposing penalties on persons who sign I-134 Affidavits of Support
        but fail to live up to their promise
- new measures designed to keep out undocumented persons including
         increased border controls
- new penalties agains filers of frivolous asylum claims

Senator Diane Feinstein, also on the subcommittee is expected to introduce legislation imposing a border crossing fee of one to two dollars per crossing. The money would support increasing border controls.

More extreme measures, such as moratoriums on legal immigration and measures designed to limit public benefits (such as social security) only to US citizens

The Clinton administration is expected to introduce its own legislation to reform the immigration system.

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