THE AMERICAN DREAM -USA-NEWSLETTER 02/2001
Published by
THE AMERICAN DREAM – USA Services GmbH, Heinsestr. 16, 13467 Berlin, Germany
THE AMERICAN DREAM, Empire State Building, Ste. 3304, New York, NY 10118, USA
Tel.: +49 180-511 0511, Fax +49 180-511 0 512, http.//www.greencard.info
Copyright 02/01, all rights reserved.
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1. greencard Lottery Update
2. LIFE Act: NEW legislation!
3. New V-Visa
4. News Break
5. Surf the web: Interesting Sites
6. Official Visa Bulletin
All applications of our customers for the lottery DV-2002 have been submitted
at the end of October 2000. During the month of November, everybody has received
a certificate issued by the US Postal Mail Service, certifying the correct submission
of each and every application. IF, for any reason, you have not yet received
such a certificate (the size of a postcard), please let us know so we can try
to have a copy of the original issued on your behalf.
The NOTIFICATION period will begin in May 2001. We expect to notify all our
successful customers between May 15th and June 15th so that you may have to
wait up to 4 more months to know the exact results. We understand that this
is a long waiting period, but we ask you to remain patient. The drawing is handled
under the authority of US government agencies. Because of the high number of
applicants, it takes several months to select all winners. Winners will be notified
by regular mail and there will be NO publication whatsoever on the internet.
All our customers will receive their notification directly from THE AMERICAN
DREAM. Therefore, please let us always know your new address in case you move.
If you change your address between now and June, you will HAVE to let us know.
If we can not reach you by mail or e-mail, there is NO other way to ever know
if you have won or not!
If you are a winner, you will receive FREE counselling by AMERICAN DREAM staff
and by our lawyers. There will be absolutely no additional charges by our company.
P.S. ALL customers will be notified by regular mail in June. Even if you were
not successful, you WILL receive a written notice from THE AMERICAN DREAM by
the end of June! If you were not successful this year, we offer special discounts
in case you would like to try your luck again in future lotteries.
This is important information for anyone who was physically present in the
US on December 21st, 2000 !! If you were in the US on that date (and can prove
it) and you have any reason at all to apply for an immigrant visa, you are urged
to do so before April 30th.
This is because last month, President Clinton signed the final budget bill for
fiscal year 2001. Among the many parts of the bill are several immigration provisions.
The provisions passed represent a fairly even compromise between the competing
bills, the Latino and Immigration Fairness Act (LIFA), which was supported by
the Administration and congressional Democrats, and the Legal Immigrant Family
Equity Act (LIFE), which was supported by congressional Republicans. The bill
contains four principle provisions: the temporary restoration of section 245(i),
the expansion of the K visa, the creation of the V visa, and restoration of
federal court jurisdiction over class action lawsuits related to the 1986 amnesty.
An estimated 700,000 people should benefit from the new law.
Section 245(i)
Initially enacted in 1994, section 245(i) allows many people who have either
never had valid immigration status in the US or who have fallen out of valid
status to pay a $1000 penalty fee and apply for adjustment of status in the
US. The reason that this is so important is that without it, many people who
do not have valid status in the US would be required to seek their immigrant
visa in their home country, and because of the status violation, would be barred
from reentering the US for at least three, and in many cases, ten years.
The provision of the budget bill has two primary requirements. First, applicants
for adjustment of status under it must be able to prove that they were in the
US on the date that the law was enacted, December 21, 2000. Second, section
245(i) will be in effect only until April 30, 2001. This means that to be eligible
for adjustment of status under section 245(i), an application for an immigrant
visa must be filed by a qualifying family member on or before April 30, 2001,
or that a labor certification or application for an immigrant worker must be
filed on or before that date. The effect of this is that people will be able
to apply for adjustment of status long after April 30, 2001, so long as the
qualifying application is filed by that date.
The following groups of people, who would ordinarily be ineligible for adjustment
of status, are able to apply for adjustment of status under section 245(i):
* People who entered the US without inspection;
* People who have fallen out of valid non-immigrant status or who have otherwise
violated the terms of their status;
* People who have engaged in unauthorized employment;
* People admitted under the Visa Waiver Pilot Program (now the Visa Waiver Permanent
Program).
Some classes of people will remain ineligible for adjustment of status, despite
the reinstatement of section 245(i).
* People admitted on a K visa who failed to marry the petitioning US citizen
within 90 days after arrival;
* People subject to the J-1 two-year home residency requirement;
* People who have failed to appear at a scheduled deportation hearing or asylum
interview, or who have failed to follow a deportation order or grant of voluntary
departure;
* People who were placed in removal proceedings upon their entry to the US;
* Children in non-immigrant status or seeking to adjust their status as orphans;
* People who are deportable by reason of having engaged in terrorist activities
while in the US.
To apply for adjustment of status under section 245(i), the applicant must submit
both Form I-485, the standard adjustment of status application, and Supplement
A to Form I-485, in addition to the other required forms. Supplement A is used
to determine whether the applicant eligible for adjustment of status under section
245(i). Applicants will also be required to submit proof that they were in the
US on the date section 245(i) was reinstated, December 21, 2000.
Noting that in many cases it could be difficult for an applicant to prove his
or her presence in the US, US Sen. Kennedy urged the INS “to be flexible in
the types of evidence it will accept.“ He also encouraged the INS to conduct
outreach programs to inform people of their potential eligibility. He also said
that to ensure that all eligible applicants are able to seek adjustment of status,
the INS should accept incomplete applications and allow additional documentation
to be submitted after the deadline.
Therefore, if you were physically present in the US on Dec 21st and have any
reason to apply for an immigrant visa, do so before April 30th. There is no
requirement that you have been in the US legally or illegally—both will
qualify for section 245i benefits. Even if you are now outside the USA, you
will be
allowed to enter the USA and REMAIN there until your immigration visa becomes
current. A unique feature of this temporary section is that (once a proper
application
has been filed and accepted by the INS) the benefits last FOREVER! It is basically
buying a ticket to process your greencard in the US, even if you pursue permanent
residence through a different qualifying petition later on.
For example, if a foreign born person starts to seek permanent residence through
employment on the basis of a job offer, which is a rather lengthy process, and
files before the April 30th deadline, he /she can use the section 245i benefits
if he/she later marries a US citizen and files an additional immediate relative
petition.
Qualified applicants who filed their permanent resident cases before the end
of April can later file a new application (on a different basis altogether—a
different employer, a different family relationship) and still benefit from
the old application (can process the greencard application through to the end
in the US).
WHY IS THIS LAW SO IMPORTANT??
To really understand why this temporary law is such a special opportunity, you
need to understand the tough US immigration laws that apply to everyone. Anyone
who has been “out of status“ or illegally in the US can no longer process the
greencard in the United States. However, if such a person leaves the US, he/she
is subject to 3-year or even 10-year re-entry bars. For a very brief and special
period, this new LIFE Act provides the extraordinary opportunity to avoid these
harsh penalties under current immigration law.
EXAMPLE: Mr. H. was in the US visiting relatives on a valid visitor visa as
a tourist on Dec 21st, 2000 and then left to return to his home country in Bucharest.
Mr. H. left his family members in the US and returned to his job in Bucharest.
Can Mr. H. (outside the US) qualify for section 245(i) benefits? Yes! Mr. H.
can apply based on a relative petition or a job offer for permanent employment,
even though he is no longer in the US. His family can be his dependents, whether
they are in or outside the US. The key is that Mr. H. was physically present
in the US on the date of enactment of the LIFE Act, Dec 21st, 2000.
EXAMPLE 2: Family X has been in the US illegally for over 15 years. The have
2 children born in the US (therefore US citizens) and 2 more children born in
their home country of Mexico. If Mr. X files for a greencard through employment
before April 30th, the whole family will be legalized. They can avoid the requirement
that because of the illegal stays, they would have to stay out of the US for
10 years. Even if the visa cannot be processed through to the end: Maybe one
of the children wins the greencardlottery or marries a US citizen: the section
245 (i) benefits would still be valid. The child could process the greencard
within the US and then file a separate application for his/her parents. The
whole family will benefit forever from the LIFE Act benefits and will most likely
never have to leave the US.
If you have any questions regarding this new provision or would like to seek
legal assistance: Please contact our lawyer Mr. Liam Schwartz directly at his
e-mail address: liam@americandream.de
We will be happy to assist you with the application process.
K Visas
LIFE also expands the use of the K visa. K visas are ordinarily reserved to
fiancés and fiancées of US citizens, and their minor children. The visa includes
work authorization, and the visa holder must marry the US citizen petitioner
within 90 days of their arrival in the US. LIFE makes spouses and minor children
of US citizens who are waiting abroad for approval of an immigrant visa petition
to enter the US. The spouse will be eligible for work authorization.
To be eligible for this new use of the K visa, an immigrant visa petition must
have already been filed when the application for the K visa is made. The law
allows K visas to be issued to people for whom an immigrant visa application
was filed before or after the law was enacted. As with all K visa petitions,
the US citizen must file it with the INS in the US, and the spouse must be outside
the US. If the marriage occurred outside the US, the K visa must be issued by
the US consulate with jurisdiction over the location where the marriage occurred.
The other requirements of the K visa apply to K visa applications under this
new law. While these requirements primarily relate to requirements that the
couple must have met in person within the last two years, this will not normally
be an issue when there is a marriage. However, the marriage could not have been
entered into solely for immigration benefits and the marriage must be legally
valid.
Again, if you have any immigration questions, please contact our immigration
lawyer directly at liam@americandream.de
The LIFE Act creates a new visa category, the V visa. This visa will be used
by spouses and children of permanent residents whose applications for immigration
have been pending for at least three years.
To be eligible for a V visa, the applicant must be the beneficiary of an application
for an immigrant relative that was filed on or before December 21, 2000. The
petition must have been pending for three years at the time the V visa application
is made. However, if the petition has been approved, the person can still obtain
a V visa if the petition was filed more than three years ago and there is no
immediately available immigrant visa, a pending application for an immigrant
visa, or a pending application for adjustment of status. If the qualifying application
is denied, the V visa status terminates 30 days after the date of the denial.
V visa holders will have employment authorization. Applicants for a V visa who
are outside the US at the time of the application will not be subject to the
three and ten year bars on reentering the US following a period of unlawful
presence. Applicants who are in the US are likewise not subject to the bars,
nor are they subject to two other grounds of inadmissibility, entering the US
without inspection and entering the US without the proper documentary requirements.
NEW FEE FOR PREMIUM IMMIGRATION: The new budget provides authorization for
the INS to charge a $1000 premium processing fee for employment-based applications.
The fee will be used to cover the costs of providing the expedited processing,
and to make improvements in the adjudications infrastructure. The INS hopes
to begin using the new fee program sometime between April 1, 2001 and June 30,
2001. Those who pay the fee would be guaranteed a response from the INS within
15 days of receipt at the INS Service Center. In the event a response is not
forthcoming within the 15 days, the fee will be refunded.
Many pro-immigration advocates are concerned that the INS will not stick to
the suggested timetable and that processing in cases where the premium fee has
not been paid with actually slow down. Others are hopeful that the infusion
of new funding will help to improve processing times for everyone.
+++
SAFE HAVEN FOR ILLEGALS: The Albuquerque, New Mexico city council this week
unanimously passed a resolution declaring Albuquerque an “immigrant-friendly
city“ and funding a new agency to help immigrants, both documented and undocumented
obtain access to basic social services. The city will provide $50,000 over the
next six months to fund a program that will help immigrants obtain access to
education, housing, health care and other services. The bill requires the extension
of city services to all immigrants “to the fullest extent allowed by federal
and state law.“ The city is also barred from using city resources to identify
people’s immigration status, and cannot apprehend people who are undocumented
unless required to do so by federal law.
+++
MORE ILLEGAL IMMIGRANTS: A recent study by economists at Northeastern University
in Boston attempts to quantify the impact of undocumented immigrants in the
US. Based on information gathered by the Census Bureau and the Department of
Labor, the study estimates that there could be as many as 11 million undocumented
immigrants living in the US, five million more than most commonly accepted estimates.
The economists who conducted the study say that most of the immigrants were
working, and were likely a large part of the reason for the economic boom of
the 1990s. Officials with the Census Bureau say that the conclusions of the
study are quite possible, and also say that they probably did a better job counting
undocumented residents than had been done in the past. Kenneth Prewitt, the
Director of the Census Bureau during the 2000 Census, says that even in this
count, as many as four million people could have been missed.
+++
NO JUSTICE IN KILLING OF AFRICAN IMMIGRANT: The Justice Department announced
that it would not seek to prosecute the four policemen who shot Amadou Diallo,
a West African immigrant, to death two years ago. According to the US attorney
in New York, where the shooting occurred, there was no evidence that the officers
had a specific intent to use an unreasonable amount of force. Diallo was shot
19 times as he reached for his wallet in the vestibule of his apartment building.
The four police officers were acquitted of all criminal charges after a state
court trial one year ago. The Diallo family has filed a civil lawsuit seeking
damages from the city of New York.
5. SURF THE WEB: INTERESTING SITES
US City E-Packets:
Preparing for any trip within the US is better and easier with the help of an
instant E-packet. The E-packet delivers by email insider tips and other great
information about what to do and see, where to stay, where to eat, discounts/coupons,
and other time-saving and valuable recommendations about your visit to the following
cities: Las Vegas, San Francisco, New York, Honolulu and around 40 other destinations.
It´s FREE!
http://www.travelpackets.com
USA Tourist Information
General Information about anything tourists might like to know. All information
is given in English, German, French, Spanish and even Japanese! You can learn
anything about car and Harley Davidson Rentals, learn about Fun Events, make
hotel reservations, chat with other tourists and read the monthly newsletter.
The site even offers a free screensaver and wallpapers. Find out more at
http://www.usatourist.com
“USA“ E-mail address
Would you like to express your feelings towards the United States of America
by using your own “All-American“ e-Mail address? You can now register your personal
usa.com address at the following website. You can even include your favourite
city or state in the domain name.
http://www.usa.com
6. STATE DEPARTMENT VISA BULLETIN (official Version)
In this bulletin you can see the actual waiting periods for all kinds of categories
in which you can apply for a greencard. The three main categories are “Family
based“, “Employment based“, and “Diversity Immigrant Category“ (greencard Lottery).
Especially in Family based categories the waiting period may exceed 10 years.
greencard winners may read in this list, when, according to their case number,
they may expect to be invited to the final interview at the consulate. We will
publish the newest visa bulletin every month in this newsletter.
IMMIGRANT NUMBERS FOR MARCH 2001
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during MARCH.
Consular officers are required to report to the Department of State documentarily
qualified applicants for numerically limited visas; the Immigration and Naturalization
Service reports applicants for adjustment of status. Allocations were made,
to the extent possible under the numerical limitations, for the demand received
by February 10th in the chronological order of the reported priority dates.
If the demand could not be satisfied within the statutory or regulatory limits,
the category or foreign state in which demand was excessive was deemed oversubscribed.
The cut-off date for an oversubscribed category is the priority date of the
first applicant who could not be reached within the numerical limits. Only applicants
who have a priority date earlier than the cut-off date may be allotted a number.
Immediately that it becomes necessary during the monthly allocation process
to retrogress a cut-off date, supplemental requests for numbers will be honored
only if the priority date falls within the new cut-off date.
2. 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. Section 202 prescribes
that the per-country limit for preference immigrants is set at 7 % of the total
annual family-sponsored and employment-based preference limits, i.e., 25,620.
The dependent area limit is set at 2 %, or 7,320.
3. Section 203 of the INA prescribes preference classes for allotment of immigrant
visas as follows:
FAMILY-SPONSORED PREFERENCES
First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not
required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference
level exceeds 226,000, and any unused first preference numbers:
A. Spouses and Children: 77 % of the overall second preference limitation, of
which 75 % are exempt from the per-country limit;
B. Unmarried Sons and Daughters (21 years of age or older): 23 % of the overall
second preference limitation.
Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not
required by first and second preferences.
Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not
required by first three preferences.
EMPLOYMENT-BASED PREFERENCES
First: Priority Workers: 28.6 % of the worldwide employment-based preference
level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional
Ability: 28.6 % of the worldwide employment-based preference level, plus any
numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6 % of the worldwide
level, plus any numbers not required by first and second preferences, not more
than 10,000 of which to “Other Workers“.
Fourth: Certain Special Immigrants: 7.1 % of the worldwide level.
Fifth: Employment Creation: 7.1 % of the worldwide level, not less than 3,000
of which reserved for investors in a targeted rural or high-unemployment area,
and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
4. 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. Section 203(d) provides that spouses and children of
preference immigrants are entitled to the same status, and the same order of
consideration, if accompanying or following to join the principal. The visa
prorating provisions of Section 202(e) apply to allocations for a foreign state
or dependent area when visa demand exceeds the per-country limit. These provisions
apply at present to the following oversubscribed chargeability areas: CHINA-mainland
born, INDIA, MEXICO, and PHILIPPINES.
5. On the chart below, the listing of a date for any class indicates that the
class is oversubscribed (see paragraph 1); “C“ means current, i.e., numbers
are available for all qualified applicants; and “U“ means unavailable, i.e.,
no numbers are available. (NOTE: Numbers are available only for applicants whose
priority date is earlier than the cut-off date listed below.)
| All Chargeability Areas Exceptet Those Listed | CHINA mainland born | INDIA | MEXICO | PHILIPPINES | |
| Family | |||||
| 1st | 01MAR99 | 01MAR99 | 01MAR99 | 22APR94 | 22MAY88 |
| 2A* | 22SEP96 | 22SEP96 | 22SEP96 | 22OCT94 | 22SEP96 |
| 2B | 22JUN93 | 22JUN93 | 22JUN93 | 15OCT91 | 22JUN93 |
| 3rd | 08MAY96 | 08MAY96 | 08MAY96 | 15JUL95 | 15NOV87 |
| 4th | 01OCT89 | 01OCT89 | 08MAR88 | 01OCT89 | 01AUG79 |
| All Chargeability Areas Exceptet Those Listed | CHINA mainland born | INDIA | MEXICO | PHILIPPINES | |
| Employment-Base | |||||
| 1st | C | C | C | C | C |
| 2nd | C | 15MAR00 | 15JUL00 | C | C |
| 3rd | C | 01JAN99 | 01SEP97 | C | C |
| Other-Workers | 01ARP97 | 01ARP97 | 01ARP97 | 01ARP97 | 01ARP97 |
| 4th | C | C | C | C | C |
| 5th | C | C | C | C | C |
| Targeted Employment Areas/Regional Centers | C | C | C | C | C |
| Region | All DV Chargeability Areas Except Those Listed Seperately |
| AFRICA | AF 14,100 |
| ASIA | AS 5,900 Except: Bangladesh AS 5,225 |
| EUROPE | EU 14,400 Except: Albania EU 6,800 |
| NORTH AMERICA (BAHAMAS) | NA 15 |
| OCEANIA | OC 715 |
| SOUTH AMERICA, CENTRAL AMERICA and the CARIBBEAN | SA 1,530 |
| Region | All DV Chargeability Areas Except Those Listed Seperately |
| AFRICA | AF 14,100 |
| ASIA | AS 6,800 Except: Bangladesh AS 5,225 |
| EUROPE | EU 14,700 Except: Except: Albania EU 8,380 |
| NORTH AMERICA (BAHAMAS) | NA 15 |
| OCEANIA | OC 750 |
| SOUTH AMERICA, CENTRAL AMERICA and the CARIBBEAN | SA 1,530 |