I. Comprehensive Immigration Reform Bill Withdrawn From the Senate

On June 7, 2007, Senator Majority Reid withdrew the comprehensive immigration reform bill from consideration on the Senate floor. Opponents of the bill lined up to introduce amendments to dismantle the bill. To deflect further amendments, two different motions to end debate and cause a vote on the comprehensive reform bill were unsuccessful. Without the votes to end debate it was obvious there would not be enough votes to pass the bill. If passed the comprehensive immigration reform bill would have provided work permits and eventually lawful permanent residency and US citizenship to the millions of undocumented and visa overstayed foreign nationals in the US. In response, the American Immigration Lawyers Association is encouraging supporters for immigration reform to look to the House of Representatives to pass a reform bill.

II. Passport Requirement Temporarily Waived for Certain Travelers

On June 8, 2007, the Department of Homeland Security and Department of State announced that U.S. citizens traveling to Canada, Mexico, the Caribbean and Bermuda who have applied for but not yet received passports, can enter and depart from the U.S. by air with a government issued photo identification and official proof of application for a passport through September 30, 2007. DHS and DOS are unable to keep up with the record-breaking demand of passport applications. Travelers are advised to apply for their passport well in advance of the need to travel.

III. Priority Dates for Family and Employment Based Categories Move Forward Again

Family and employment permanent residency availability is moving forward again. Beginning July 1, 2007 many family based permanent residency categories are seeing movement in processing of green cards. CIS and the consulates can immediately process family applications which have I-130 petitions filed before the date listed. For example, applications filed before August 1, 2001 for Mexico 2A category for spouses and children of permanent residents. In the same 2A category for "Other Countries" applications filed before June 1, 2002 are available for processing. All other Latin America and South Americans are in the "Other Countries" column.

Employment based permanent residency has moved forward even more significantly. It has been almost 2 years since the 3^rd category of jobs had green cards immediately available. The 3^rd category is for jobs which require a minimum 2 years experience or a bachelor degree. This has been done in an effort to make sure that the annual limit is met. However, Department of State warns that not all Employment preferences will remain Current for the remainder of the fiscal year. If the rate of demand for numbers becomes very heavy in the coming months, it could become necessary to retrogress some cut-off dates for September, most likely for China-mainland born and India, but also possibly for Mexico and Philippines. Severe cut-off date retrogressions are likely to occur early in FY-2008, (October 1, 2007). If an application is not on file before the date goes backwards, the applicant must continue to wait.

Charts below show the progression.

IV. USCIS Ombudsman Reports Pervasive and Serious Problems with FBI Name Checks

On June 11, 2007, the US Citizenship and Immigration Services Ombudsman's Office made its 2007 annual report to Congress. The 2007 report lists FBI Names Checks under the "Pervasive and Serious Problems" heading. The report cites that FBI Name Checks "may be the single biggest obstacle to timely and efficient delivery of immigration benefits." As of May 2007, USCIS reported 211,341 name check cases pending greater than 3 months. There are also 93,358 more name check cases pending that last year.

http://www.americasjobexchange.com/

VI. CSC Liaison Update on Non-receipt of I-797 for Approved I-129s

AILA-CSC Liaison is receiving reports from members that they have not received approval notices for some I-129 petitions, even though Case Status Online shows that the petition has been approved. The CSC has been notified of this problem, and is working on a solution. If you have checked status on the USCIS website for a petition and the status shows "approved," but, you have not received the approval notice within the normal mailing time, AILA-CSC Liaison recommends contacting CSC Division XII at CSC-XII.129@dhs.gov.