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Home Immigration Atty. Crispin Lozano February 2011 visa progression news

February 2011 visa progression news

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It is now official that visa retrogression stopped in the February 2011 visa bulletin. The availability of visa started to move forward after months of moving backward. The February visa bulletin follows:

February 2011 State Department Visa Bulletin.

The Department of State will be processing the following petitions with priority dates earlier than indicated below.

Family based preferences:

1. First Preference Unmarried Sons and Daughter of Citizens—Aug. 01, 1994

This Preference advanced by 2 months since last month.

2. Second Preference:

a. Spouses and Minor Children of Permanent Residents—Jan. 01, 2008

This Preference did not advance since last month.

b. Unmarried Sons and Daughter 21 years and over of Lawful Permanent Residents—June 01, 1999

This Preference advanced by 2 weeks since last month.

3. Third Preference Married Sons and Daughters of Citizens—Oct. 22, 1991

This Preference did not advance since last month.

4. Fourth Preference Brothers and Sisters of Adult Citizens—Jan. 15, 1988

This Preference advanced by 2 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—Apr. 01, 2005

This preference advanced by one week since last month

Unskilled – Other Workers—May 01, 2003

This preference advanced by one week since last month

Scheduled A Workers—Apr. 01, 2005

This preference advanced by one week since last month    

4. Fourth Preference – Certain Special Immigrants and Current

Religious Workers—Current

5. Fifth Preference – Alien Investors—Current

Please note that for the month of February 2011, 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 April 01, 2005. For Schedule A nurses and physical therapist, immigrant visa is also available for February 2011, if they have an approved I-140 petition dated earlier than April 01, 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 May 1, 2003 for the month of February 2011.

Note:    This is not a legal advice.

Immigration news

On December 23, 2010, we received an approval from the Immigration Court for a waiver of misrepresentation for an alien who entered as single but actually married.

The death of US citizen parent will not be a hindrance to apply for a waiver of misrepresentation.

On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.

Petitioner’s death is not a problem if the beneficiary is in the US when the petitioner died and at the time of adjustment of status.

Abused spouse of US citizen or permanent residents can self petition even if there is a problem with the entry documents such as C or D visa or entry without inspection or assumed name.

Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened.

Bankruptcy news

Chapter 7 will eliminate all unsecured debts. If you are near retirement age, you must eliminate most of your debts.

Bankruptcy will stop foreclosure actions. If your trustee sale date is 10 days before, you can still file for bankruptcy.

If your salary is being garnished, you have a court case about debts or you are being harassed by creditors, bankruptcy can stop garnishment, court cases, harassing creditors and eliminate the debt.

Bankruptcy is cheaper, faster and safer than debt settlement which has no guaranteed success.

Preserve your health, eliminate stress and live a happy life by eliminating your debts which is the root of all problems.

* * *

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.

(Advertising Supplement)

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