Recently the handling of civil immigration detainers by local law departments has been heavily scrutinized.
AILA Doc No. 97111359 | Dated November 13, 1997
IMMIGRANT NUMBERS FOR DECENBER 1997
A. STATUTORY NUMBERS (This communication provides priority dates and other transitional information as taken from the State Department's Visa Bulletin released November 12, 1997.) 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.
PREFERENCES FAMILY All Charge- ability Areas CHINA Except Those Mainland Listed born INDIA MEXICO PHILIPPINES 1st 01SEP95 01SEP95 01SEP95 01MAY93 23OCT86 2A* 15JUL93 15JUL93 15JUL93 010CT92 15JUL93 2B 15JUN91 15JUN91 15JUN91 08MAY91 15JUN91 3rd 01JUN94 01JUN94 01JUN94 01JAN89 01JUL86 4th 22APR87 22APR87 08AUG85 01OCT86 10MAR78 *NOTE: For DECEMBER, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01OCT92. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01OCT92 and earlier than 15JUL93. (2A numbers subject to per-country limit are "unavailable" for applicants chargeable to MEXICO.) EMPLOYMENT-BASED All Charge- ability Areas CHINA- Except Those mainland Listed born INDIA MEXICO PHILIPPINES 1st C 01JAN97 C C C 2nd C 08OCT95 01DEC95 C C 3rd C 01NOV93 15DEC94 C C Other 01JUN90 01JUN90 01JUN90 01JUN90 01JUN90 Workers 4th C C C C C Certain 15FEB97 15FEB97 15FEB97 15FEB97 15FEB97 Religious Workers 5th C C C C C Targeted 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 (202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.
ADDITIONAL HIGHLIGHTS FROM THE DECEMBER 1997 VISA BULLETIN
B. DIVERSITY IMMIGRANT (DV) CATEGORY Section 203(c) of the Immigration and Nationality Act provides 55,000 immigrant visas each fiscal year 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.
For DECEMBER, immigrant numbers in the DV category are available to qualified applicants chargeable to all regions/eligible countries on a CURRENT basis.
(NOTE: For January, a rank cut-off will be establish for Africa and Asia (regional) as well as Albania (country) to hold issuances within the numerical limits. All other areas will remain "Current" for January. It remains to be seen if applicant demand will increase sufficiently to require oversubscription of any other region/country for a subsequent month.)
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 the DV-98 program ends as of September 30, 1998. DV visas may not be issued to DV-98 applicants after that date. Similarly, spouses and children accompanying or following to join DV-98 principals are only entitled to derivative DV status until September 30, 1998. DV visa availability through the very end of FY-1998 cannot be taken for granted. Numbers could be exhausted prior to September 30. Once all numbers provided by law for the DV-98 program have been used, no further issuances will be possible.
C. OVERSUBSCRIPTION OF THE CHINA-MAINLAND BORN CHARGEABILITY
Continued heavy use of China-mainland born visa numbers has oversubscribed this chargeability for December, and has required the established of cut-off dates for the Employment FIRST, SECOND, and THIRD preferences. (The October Visa Bulletin (number 79) contained an item (D) which alerted readers that oversubscription of these preferences was possible.) In the Employment First and Second preferences, the heavy demand for numbers has been primarily from adjustment of status cases at INS offices. CHINA-mainland born Employment Third preference demand comes not only from adjustment of status cases, but also from consular visa applications by following-to-join family members of persons who obtained status under the Chinese Student Protection Act; many of those cases have relatively early priority dates. Cut-off date movement in these Employment preferences categories during the coming months depends on the extent of future visa demand. No specific predictions are possible at this time.
D. INDIA EMPLOYMENT SECOND AND THIRD PREFERENCE VISA AVAILABILITY
There has been no movement in INDIA Employment SECOND and THIRD preference cut-off dates for the month of December. Applicant demand in these categories continues to be heavy. The rate at which a cut-off date advances depends on how many applicants in each category need visa numbers, and on their priority dates. A cut-off date is established when there are no more numbers available for a month. Since it is not possible to determine how many applicants with relatively early priority dates will use number each month, there is no way to predict the rate of cut-off date movement in the INDIA Employment Second and Third preferences during the coming months.
Cite as AILA Doc. No. 97111359.