What's New in the World of Immigration?

10/01/2014 - Diversity Lottery Registration Opens TODAY!!

From the US Department of State:

The 2016 Diversity Visa Program (DV-2016) will open at noon, Eastern Daylight Time (EDT) (GMT-4), Wednesday, October 1, 2014, and will close at noon, Eastern Standard Time (EST), Monday, November 3, 2014. Applicants must submit entries electronically during this registration period using the electronic DV entry form (E-DV) at dvlottery.state.gov. Paper entries will not be accepted. All entrants must print and retain their online confirmation page after completing their DV entries so that they will be able to check their entry status.

We strongly encourage applicants not to wait until the last week of the registration period to enter. Heavy demand may result in website delays. No entries will be accepted after noon EST on November 3, 2014.

The congressionally mandated Diversity Visa Program is administered on an annual basis by the Department of State and conducted under the terms of Section 203(c) of the Immigration and Nationality Act (INA). Section 131 of the Immigration Act of 1990 (Pub. L. 101-649) amended INA 203 provides for a class of immigrants known as “diversity immigrants.” Sections 201(e) and 203(c) of the INA provide a maximum of 55,000 Diversity Visas each fiscal year to be made available to persons from countries with low rates of immigration to the United States; however, since DV-1999, Congress has set aside 5,000 of this annual allocation to be made available for use under the Nicaraguan and Central American Relief Act (NACARA).

The annual DV program makes visas available to persons meeting the simple, but strict, eligibility requirements. A computer-generated, random drawing chooses selectees for Diversity Visas. The visas are distributed among six geographic regions, with a greater number of visas going to regions with lower rates of immigration, and with no visas going to nationals of countries sending more than 50,000 immigrants to the United States over the period of the past five years. No single country may receive more than seven percent of the available Diversity Visas in any one year.

For DV-2016, natives of the following countries are not eligible to apply because the countries sent more than 50,000 immigrants to the United States in the previous five years: BANGLADESH, BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR, HAITI, INDIA, JAMAICA, MEXICO, NIGERIA, PAKISTAN, PERU, PHILIPPINES, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM.

A “native” ordinarily means someone born within a particular country, regardless of the individual's current country of residence or nationality. Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible. The Department of State implemented the electronic registration system beginning with DV-2005 in order to make the DV process more efficient and secure. We utilize special technology and other means to identify those who commit fraud for the purposes of illegal immigration or those who submit multiple entries.

For DV-2016, the Department of State will once again implement an online process to notify entrants of their selection, and to provide information about the immigrant visa application and interview. Beginning May 5, 2015, DV-2016 entrants will be able to use their unique confirmation number provided at registration to check online through Entry Status Check at dvlottery.state.gov to see if their entry was selected. Successful entrants will receive instructions for how to apply for immigrant visas for themselves and their eligible family members.

Confirmation of visa interview appointments will also be made through Entry Status Check. For detailed information about entry requirements, along with frequently asked questions about the DV program, please see the instructions for the DV-2016 program available at http://travel.state.gov/content/visas/english/immigrate/diversity-visa/instructions.html.

09/24/2014 - New EB-5 Processing Time Report

USCIS is now processing EB-5 petitions (Form I-526) in just over a year:

08/27/2014 - Receive Duplicate Fingerprint (Biometrics) Notices?

Have you received duplicate fingerprint appointment ("biometric") notices? AILA has issued a statement noting that USCIS is aware that duplicate ASC notices were recently issued in some cases and believes the problem occurred during transition to a new system for generating the notices.

Specifically, in some cases where notices were issued under the old system, duplicates were also generated by the new system.

Though the individual facts and circumstances of each case should be considered in determining how to proceed, USCIS has stated that if a duplicate notice is received and the client has already attended an ASC appointment and had biometrics captured, it should not be necessary to attend the second appointment. However, to be safe, it is best to call the 1-800 listed on the appointment notice to cancel the second appointment, and if you do not get confirmation of cancellation before the appointment, go to the appointment just to be safe.

08/14/2014 - Buzz Feed News: What It Actually Means For Obama To “Go Big” On Deportation Relief

President Obama is expected to soon announce a series of executive actions that would change U.S. immigration policy — after months of anticipation from activists, and increasingly heated questions from the GOP about whether he has the authority to do so. The activists have been clear: They want the president to “go big.”

Click here to see the media campaign and read the original article by Buzz Feed News.

08/07/2014 - Associated Press: Flow of Child Immigrants Slows Along Texas Border

McALLEN, Texas (AP) — Far fewer unaccompanied immigrant children are crossing the Texas-Mexico border, allowing the federal government to close the temporary shelters that it hurriedly opened to handle the surge, authorities say.

The Department of Homeland Security released data Thursday showing that about 5,500 unaccompanied children were arrested in July, barely half the number in May and June and the fewest children arrested in a month since February. Similarly, arrests of parents with children dropped by more than half last month, to just over 7,400.

DHS Secretary Jeh Johnson welcomed the decline but said the current numbers are still much higher than in previous years.

"We continue to have much work to do to address this issue, and our message continues to be clear — 'Our border is not open to illegal migration,'" Johnson said in a statement.

Arrests in South Texas have fallen in recent weeks to about 100 per day, down from 300 or more in June, according to the Border Patrol.

The decline could be the result of searing summer temperatures or a messaging campaign in both the U.S. and the migrants' home countries that stresses the dangers of the journey and warns them they will not be allowed to stay. The government has reduced the removal time for many adults traveling alone from 33 days to about four days, Johnson said.

Officials on the border are careful not to suggest that the crisis has passed. When temperatures subside, they say, children from Honduras, Guatemala and El Salvador could be back in greater numbers.

The White House has shied away from taking credit for the decrease, which gives the administration more time to deal with the crush of immigrants who have already arrived, many drawn here by persistent rumors that once across the border, they will be allowed to stay.

The slowdown also seems likely to reduce the urgency for Congress to act after adjourning last week without a deal to give President Barack Obama any of the money he's asked for to handle the influx. If the slower pace holds, Congress may have little impetus to return to the issue when lawmakers reconvene after Labor Day.

The falling numbers could cause the border crisis to recede somewhat from public view, offering Obama extra space to curb deportations for other segments of the immigrant population, a step he's indicated he plans to take around the end of summer.

This week, the federal agency charged with housing the children announced it would soon suspend operations at three temporary shelters with a total of about 3,000 beds. Government officials said the existing network of federally contracted shelters would suffice, at least for now. The shelters could reopen later, if needed.

From October to July, 63,000 unaccompanied children entered the U.S. illegally, double the number from the same period a year earlier. Another 63,000 families — mothers or fathers with young children — were arrested during that period, and they remain a presence in shelters across the Rio Grande in Mexico.

Total apprehensions — adults and juveniles — in the Rio Grande Valley were 24,500 in July. That was down from about 38,000 in June but still well above the 15,000 in July 2013, according to the Border Patrol.

The state-run children's shelter in Reynosa, Mexico, just across the border from McAllen, has not received a Central American child yet in August, said coordinator Jose Guadalupe Villegas Garcia. The shelter had been receiving 10 to 12 kids from those countries per week in early July, but that rate began slowing around the middle of the month, he said.

At the nearby religiously affiliated Senda de Vida shelter, Eneyda Alvarez, a 28-year-old mother of three watched her 8-year-old son, Antony, kick a soccer ball around the courtyard. Scars from where her husband viciously beat her with a cable showed like tan stripes on Alvarez's dark skin.

When she heard her husband had told his brother to douse the family's house in gasoline and set it ablaze, she sold all their possessions, left two kids with an aunt and headed north with Antony and her mom.

The family made it to the northern Mexican border state of Tamaulipas, but armed men took Alvarez and Antony off a bus in Tampico about six hours south of the border. They held the pair for three days, first in a warehouse with about 200 immigrants, where Alvarez said she saw people with appendages cut off, and later in a two-story house with 18 others.

The men extorted $1,000 from her aunt in Virginia, then threatened to cut off one of Alvarez's fingers if she didn't come up with another $5,000.

Mexican Marines raided the house, finally ending their nightmare. A couple days later, she reunited with her mother at the shelter in Reynosa. She says she cannot return to Honduras because her husband could kill her.

When she left Honduras in late July, she was under the impression the Border Patrol was still releasing mothers traveling with young children because a neighbor had just made it. "Then, I said, I'm going to go."

Hector Joaquin Silva de Luna, a pastor who runs the shelter, said it's been two weeks since any unaccompanied children arrived, but the number of families at the shelter has held steady at 16 to 23 per week. He said many have heard the message from U.S. authorities that they will be deported. A delegation of U.S. officials visited the shelter Sunday.

Ingrid Bran had not heard about the U.S. beginning to detain mothers and children until she arrived at the border. She left the Paraiso department on Honduras' border with Nicaragua a month ago because she couldn't find work cultivating chiles or coffee to support her two children.

"A friend told me to turn myself over to immigration" authorities, Bran said, as her 7-year-old son played with Alvarez's boy. But after arriving at the border, she was told that the previous practices had ended.

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Associated Press writers Alicia A. Caldwell and Erica Werner in Washington contributed to this report.