IN this issue, we will discuss the visa bulletin for November 2008, and other important developments in immigration.

November 2008 State Department Visa Bulletin.  

If you are checking the status of your priority date, the Department of State is presently processing the following petitions with priority dates earlier than indicated below.

Family Based Preferences:

1. First Preference Unmarried Sons and Daughter of Citizens    May 1, 1993

 This Preference advanced by 4 weeks since last month.

2. Second Preference:

a. Spouses and Minor Children of Permanent Residents – Feb. 8, 2004 – This Preference advanced by five weeks since last month.

b. Unmarried Sons and Daughter 21 years and over of  Lawful Permanent Residents – June 15, 1997 – This Preference advanced by 5 weeks since last month.

3. Third Preference Married Sons and Daughters of Citizens – May 8, 1991

  This Preference advanced by one week since last month.

4. Fourth Preference Brothers and Sisters of Adult Citizens – March 22, 1986 – This Preference advanced by two weeks since last month.

B. Employment Based Preferences:

 1. First Preference – Priority Workers – Current

 2. Second Preference – Advanced Degree Professionals – Current

 3. Third Preference – Skilled Workers & Professionals – May 01, 2005

  This preference advanced by 4 months since last month

 Unskilled – Other Workers – Jan. 15, 2003 – This preference advanced by two weeks since last month

 Scheduled A Workers – May 1, 2005

 This preference advanced by 4 months since last month    

4. Fourth Preference – Certain Special Immigrants and Religious Workers – Current

5. Fifth Preference – Alien Investors – Current

Please note that for the month of November 2008, Employment Based Third Preference visa (professionals and skilled workers) is available for the Philippine nationals with approved labor certifications or I-140 petitions with priority dates earlier than May 1, 2005.  For Schedule A nurses and physical therapist, immigrant visa is also available for November 2008 if they have an approved I-140 petition dated earlier than May 1, 2005.   

Third Preference visas for Unskilled Workers such as caregivers, nursing assistants and nannies are available for those Philippine Nationals with approved labor certifications dated earlier than January 15, 2003 for the month of November 2008.

Hot news of the week

We again have successfully obtained a waiver of fraud or misrepresentation in Immigration Court for a green card holder who entered as single but is actually married.  The green card holder who has been in the United States for 17 years has a mother who is a US citizen.

We have just received approval from Administrative Appeals Office of I-601 Waiver.  The applicant entered with an assumed name but she has a US citizen spouse and a US citizen child.  The I-601 waiver application was initially denied by the USCIS District Office but the denial was reversed on appeal.  She now has received her green card.

Green cards without expiration date should be renewed. They have the alternative of applying for naturalization.  Please call our office for questions about renewing green cards.

Tips of the week

Waiver for misrepresentation at the time of entry (entered as single but is actually married) may be waived if you have a parent, spouse, son or daughter who is a US citizen or lawful permanent resident.  Once approved you may be eligible for naturalization.  You should apply now before your personal situation or the law is changed.

Denied adjustment of status and Naturalization applications are now being sent to the Immigration Court.

Income tax filing is required in the proposed legalization.  Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened.  Our office assists clients in obtaining ITIN.

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Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112.  You can contact him at telephone (562) 461-1355 and (510) 538-7188.

(Published October 22, 2008 p.B4 LAMDWK)

Answer:    Ability to pay means a petitioning employer must have the capacity to pay the salary of the alien he or she is petitioning from the time the PERM or Labor Certification Application is filed to the time the alien apply for a green card.

Question:    What is meant by “entered without inspection”?

Answer:    Entered without inspection means an alien who entered through the U.S. borders of Canada and Mexico without having passed a U.S. Immigration Officer checked his visa and passport.