Recently the handling of civil immigration detainers by local law departments has been heavily scrutinized.
AILA Doc No. 97091159 | Dated September 11, 1997
IMMIGRANT NUMBERS FOR OCTOBER 1997 A. STATUTORY NUMBERS (This communication provides priority dates and other transitional information as taken from the State Department's Visa Bulletin released September 11, 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 Except Those Listed INDIA MEXICO PHILIPPINES 1st 01JAN95 01JAN95 01APR93 26SEP86 2A* 08JUN93 08JUN93 01SEP92 08JUN93 2B 22MAY91 22MAY91 01MAY91 22MAY91 3rd 08APR94 08APR94 15NOV88 01MAY86 4th 01MAR87 15JUN85 08SEP86 01MAR78 *NOTE: For OCTOBER, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01SEP92. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01SEP92 and earlier than 08JUN93. (2A numbers subject to per-country limit are "unavailable" for applicants chargeable to MEXICO.) EMPLOYMENT-BASED All Charge- ability Areas Except Those Listed INDIA MEXICO PHILIPPINES 1st C C C C 2nd C 01DEC95 C C 3rd C 08DEC95 C C Other 01JAN90 01JAN90 01JAN90 01JAN90 Workers 4th C C C C 5th C C C C Targeted 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 OCTOBER 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 OCTOBER, immigrant numbers in the DV category are available to qualified applicants chargeable to all regions/eligible countries on a CURRENT basis. (NOTE: All regions/countries will be “Current” for November and December as well. Applicant demand is likely to increase sufficiently to require the establishment of visa allocation cut-offs for some regions/countries for later months, however.) 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. RETROGRESSION OF THE MEXICO FAMILY FIRST CUT-OFF DATE Continued heavy applicant demand for MEXICO Family First preference numbers has required the retrogression of that cut-off date for October. A further retrogression of the cut-off date for November cannot be ruled out. D. CHINA-MAINLAND BORN AND INDIA EMPLOYMENT PREFERENCE AVAILABILITY In recent weeks, INS has used very large amounts of Employment preference visa numbers for adjustment of status cases for CHINA-mainland born and INDIA Employment preference applicants. If visa number use continues at the current heavy level the CHINA-mainland born chargeability may become oversubscribed as early as November, with visa cut-off dates required for some or all of the Employment FIRST, SECOND and THIRD preference categories. The INDIA Employment Second preference category has become oversubscribed for October with a cut-off date of 01DEC95. The establishment of a cut-off date for the INDIA Employment First preference at some future point cannot be ruled out. A retrogression of the INDIA Employment Second and Third preference cut-off dates during the coming months is also possible, if the current heavy demand for visa numbers continues.
© 1999, American Immigration Lawyers Association
Cite as AILA Doc. No. 97091159.