Chinese

Publications

March, 2007

WAYS TO ADVANCE GREEN CARD PROCESS

Generally one’s country of birth is assigned to an immigrant for purposes of ascertaining quota availability. If an applicant is from mainland China, Mexico, India or the Philippines, there is a long quota delay because these countries have oversubscribed quotas. More than 20,000 immigrants enter from each of these countries annually, which is the limit for admissions granted any country. Since there are more applicants from these countries than are admissible, each of these nations have longer waiting periods for immigration as a result. The quota availability depends on employment or family.

Alternate chargeability, however, is available to married persons wherein if one of the spouses was born in a country which has a shorter waiting period, the other spouse may take advantage of the shorter waiting time.

Usually the waiting time for spouses of permanent residents is very long. For example for all chargeability areas the quota is behind back to May 8, 2001. In China and India the wait is from April 1, 2002, from Mexico back to December 1, 2000, and for the Philippines to February 2, 1992. For children of permanent residents the waiting is longer: the worldwide quota for unmarried sons and daughters of permanent residents is back to August 15, 1997, as well as for China and India; for Mexico it is delayed back to March 1, 1992 and for the Philippines to October 1, 1996.

EXTENDING H-1Bs FOR APPLICANTS FOR WHOM PERMANENT RESIDENCE VISAS ARE UNAVAILABLE

After the approval of the I-140 employment based preference petition, the 3rd preference petition holder may qualify under section 104(c) of the American Competitiveness in the 21st Century Act for an extension of H-1B status in 3 year increments until an adjustment of status is approved. An application for an H-1B extension may be applied for 6 months prior to expiration of the H-1B. Still the waiting time for permanent residence is very long to achieve residence by the 3rd preference petition. If the applicant is able to acquire a Master’s degree, and then by applying for the 2nd preference, the quota period may be considerably shortened especially for those who file under the worldwide quota.

For the family based 2nd preference, a son or daughter would lose the 2nd preference if the beneficiary marries. However, if the sponsoring parent obtains U.S. citizenship, the beneficiary would be able to switch to the family based 3rd preference and the son or daughter would still retain the original priority date from family based 2nd preference.

PASSING FROM 3RD PREFERENCE TO 2ND PREFERENCE EMPLOYMENT BASED

For employment based preferences, the quota time for an applicant who is eligible for a 3rd preference because the applicant is a skilled worker, or professional and who usually only has a bachelor’s degree is backed up to August 1, 2002 for the worldwide quota and for China and India is backed up to May 8, 2001. Mexico is backed up to May 15, 2001. The Philippines is backed up to August 1, 2002. If an applicant, however, obtains a Master’s degree, he/she may be eligible for a 2nd preference as a member of the professions holding an advance degree. The employment based 2nd preference under the worldwide quota is current for the 2nd preference; for China, it is retarded to April 22, 2005; for India, January 8, 2003, and for Mexico and the Philippines it is current. By thus securing a Master’s degree, an applicant may considerably reduce the waiting period.

EFFECT OF CHANGING FROM RESIDENT TO CITIZEN

By becoming a U.S. citizen, a sponsoring spouse may shorten the waiting time because the spouse of a citizen would be non quota, hence immediately eligible for residence as well as the children who are under 21 and unmarried.

 

If you need help or advise, call us at 212-944-9420.

Our assistance is only a phone call, or e-mail communication away!


New York Immigration Lawyers > Immigration Publications > March 2007
Publications

Featured

GREEN CARD PARDONS FOR UNDOCUMENTED WHO ARE SPOUSES OR CHILDREN OF CITIZENS

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January 2012

EB-5 VISA FOR INVESTORS WHO FORM A NEW ENTERPRISE

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FINALLY - RELIEF FOR MANY UNDOCUMENTED!

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December 2011

J EXCHANGE VISAS

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SKILLED IMMIGRANT VISAS FROM CHINA & INDIA SHOULD DOUBLE IN NUMBERS WITH NEW LAW

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DEPORTATIONS REVIEWED, PROSECUTORIAL DISCRETION

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SELF- PETITIONS - PROVISIONAL RESIDENTS SEPARATED OR DIVORCED FROM U. S. SPOUSES

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November 2011

U VISAS: VICTIMS OF TRAFFICKING AND VIOLENCE

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September 2011

BPARTNERS AND INELIGIBLE FAMILY MEMBERS: B-2 STATUS & EXTENSIONS

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BUSINESS VISAS FOR START UP COMPANIES

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TRAINING VISAS (H-3)

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August 2011

ENTREPRENEURS - SELF PETITIONS

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WAIVERS

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July 2011

REMOVAL, PHYSICAL

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PROSECUTORIAL DISCRETION: FOCUSING ON ENFORCEMENT PRIORITIES

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INVESTORS : IMMIGRANT VISAS: EB-5

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INVESTOR VISAS E-2

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June 2011

NATURALIZATION, WHY & HOW

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CHILD CITIZENSHIP ACT

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ADVANCE PAROLE

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May 2011

O VISAS FOR EXTRAORDINARY ABILITY IN BUSINESS, SCIENCE, ARTS OR ATHLETICS

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SAME SEX MARRIAGE, REPRIEVE OF DEPORTATION

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K-1 FINANCE VISA AND DIVORCE

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April 2011

H-1B PETITIONS FOR FISCAL YEAR 2012

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GUILTY PLEAS TO CRIMES – IMMIGRATION IMPACT

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VAWA- VIOLENCE AGAINST WOMEN ACT

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DETENTION OF IMMIGRANTS

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March 2011

REMOVAL REMEDIES

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U VISA

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February 2011

Asylum Application filed late: What are your options?

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January 2011

CONSULAR VISA PROCESSING

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PROSECUTORIAL DISCRETION

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VOLUNTARY DEPARTURE - WHAT HAPPENS IF AN ALIEN FAILS TO LEAVE?

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December 2010

DRIVING WITHOUT A LICENSE AND STOPPED BY POLICE

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H-1B VISA AVAILABILITY SOON TO CLOSE

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APPEALS TO THE BOARD OF IMMIGRATION

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November 2010

J-1 WAIVER OF THE TWO YEAR FOREIGN RESIDENCE REQUIREMENT FOR EXCHANGE VISITORS

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CO-SPONSORSHIP, AFFIDAVITS OF SUPPORT

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WORK AUTHORIZATION

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DERIVATIVE CITIZENSHIP FOR CHILDREN BORN ABROAD

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October 2010

CITIZENSHIP APPLICATIONS

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T and U VISAS, REVISIONS TO THESE PROGRAMS

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APPEALS OR MOTIONS TO REOPEN AND RECONSIDER IN ASYLUM CASES AND JUDICIAL REVIEW

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DEPORTATIONS: SHIFT IN U.S. POLICY

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September 2010

RELIGIOUS IMMIGRANT WORKERS

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INTRA-COMPANY TRANSFEREE (L-1)

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PARDON REVIEW PANEL

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August 2010

TEMPORARY VISITORS (B-1 BUSINESS, B-2 PLEASURE) AND EXTENSIONS OF STAY

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BATTERED SPOUSES, PARENTS AND CHILDREN

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FIANCE(E) OF U.S. CITIZEN (K-1)

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July 2010

GREEN CARDS, NEW, SECURE AND PRIVATE, VALID FOR TEN YEARS

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DEPORTATION ORDERS MAY BE REOPENED

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June 2010

NATURALIZATION

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May 2010

Help for Immigration cases in Arizona

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April 2010

H-1B WORK VISAS

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March 2010

U.S. CITIZENSHIP FOR FOREIGN BORN & ADOPTED CHILDREN

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February 2010

TEMPORARY PROTECTED STATUS (TPS)

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ASYLUM

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January 2010

EXTENSION OF STAY AND CHANGE OF STATUS

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December 2009

GREEN CARDS

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November 2009

H-1B, SPECIALTY OCCUPATION

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October 2009

ASYLUM WAIVER APPLICATION

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September 2009

TPS DENIALS MAY NOW BE APPEALED TO AN IMMIGRATION JUDGE

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August 2009

INTRA-COMPANY TRANSFEREES (L-1)

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ASYLUM FOR BATTERED WOMEN

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July 2009

DEATH OF A U.S. PETITIONER:

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June 2009

ARRESTS OF UNDOCUMENTED ALIENS

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May 2009

CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS

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April 2009

VISITORS AND BUSINESS VISAS

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March 2009

RAIDS AND ROUNDUPS, IMMIGRATION

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February 2009

SPECIALTY OCCUPATION H-1

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January 2009

DEPORTATION ORDERS REOPENED

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December 2008

DIVORCE DOES NOT AUTOMATICALLY INVALIDATE

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November 2008

WHAT WE MAY EXPECT FROM PRESIDENT-ELECT OBAMA’S FIRST TERM

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CANADA OR MEXICO THREE YEAR PROFESSIONAL WORK VISAS

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October 2008

NEW BUSINESS START UP: L OR E VISAS

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September 2008

EXTENSIONS OF TEMPORARY STATUS

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August 2008

CHILDREN OF U.S. CITIZENS

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July 2008

MOTIONS TO REOPEN BASED ON CHANGE OF CIRCUMSTANCES AND NEW EVIDENCE

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June 2008

CHILD STATUS PROTECTION ACT, RECENT REVISIONS

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SPECIALIZED KNOWLEDGE FOR INTRA-COMPANY TRANSFEREES

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May 2008

EXTRAORDINARY ABILITY

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LABOR CASES - HIGHER EDUCATION

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April 2008

PAROLED ALIENS, ARE ELIGIBLE FOR GREEN CARD

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March 2008

IMMIGRANT, PUBLIC BENEFITS

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February 2008

IMMIGRATION INJUSTICE CORRECTION

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January 2008

FAST ACTION FOR IMMIGRATION DELAYS

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December 2007

BATTERED SPOUSE OR CHILD

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REVIEW OF GREEN CARD DENIAL

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November 2007

DIVERSITY VISA PROGRAM, 2009 LOTTERY

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September 2007

DETENTION AND REMOVAL, HELP AVAILABLE

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August 2007

A WAY TO OBTAIN RESIDENCE

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July 2007

EMPLOYMENT VISAS

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June 2007

IMMIGRATION REFORM

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