gc007
08-04 01:36 PM
I think you are right. G-28 for I-140 shud be signed by layer and employer
And there shud be 3 separate G-28 's req for I-485/131/765 signed by layer and the actual applicant.
Mine was filled this way.
May be you shud get some information from others too who have done with one G28
Hope it helps
Hi,
My employer is filing my I-140 and I-485/131/765 concurrently. My lawyer/representative send a list which says G-28 signed by lawyer and my employer. I understand for I-140, G-28 is signed by lawyer and employer(petitioner). When filed concurrently is one G-28 is enough for whole forms?
I read we need to have G-28 form for each form and for 485/131/765 forms G-28 should be signed by the actual applicant and the lawyer instead of the petitioner(my employer). Right now in my case there is only G-28 form they were sending that was signed by my employer(petitioner) and the lawyer...is one G-28 is fine for whole application packet when filed concurrently...
USCIS website clearly says without G-28 form they will reject the application right away...but it didn't mentioned for each form though...but all my colleagues says they signed three G-28 forms one each 485/765/131...i am little confused and concerend..please suggest..
thanks in advance..
And there shud be 3 separate G-28 's req for I-485/131/765 signed by layer and the actual applicant.
Mine was filled this way.
May be you shud get some information from others too who have done with one G28
Hope it helps
Hi,
My employer is filing my I-140 and I-485/131/765 concurrently. My lawyer/representative send a list which says G-28 signed by lawyer and my employer. I understand for I-140, G-28 is signed by lawyer and employer(petitioner). When filed concurrently is one G-28 is enough for whole forms?
I read we need to have G-28 form for each form and for 485/131/765 forms G-28 should be signed by the actual applicant and the lawyer instead of the petitioner(my employer). Right now in my case there is only G-28 form they were sending that was signed by my employer(petitioner) and the lawyer...is one G-28 is fine for whole application packet when filed concurrently...
USCIS website clearly says without G-28 form they will reject the application right away...but it didn't mentioned for each form though...but all my colleagues says they signed three G-28 forms one each 485/765/131...i am little confused and concerend..please suggest..
thanks in advance..
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senthil
02-06 10:59 PM
good question. i guess you were thinking we both were on AOS stage.
only im on adjustment of status, i havent filed for my spouse yet. i got married after reto kicked in. so the only option for her is to stay here is on H4 and to support that I had to stay on H1B, even thou i have EAD.
hope this explains. thanks.
only im on adjustment of status, i havent filed for my spouse yet. i got married after reto kicked in. so the only option for her is to stay here is on H4 and to support that I had to stay on H1B, even thou i have EAD.
hope this explains. thanks.
485Mbe4001
08-14 12:46 PM
I dont think that is the case, i am a direct employee and i have experienced tremendous delays, infact every application from my company (which is a large multinational) has been delayed, so i am guessing its more to do with the lawyers(large, high cost firm) or just good old luck. Infact all of my friends/batch mates who were consultants have their green cards and some have their citizenships too. My theory was that if a company is sponsoring(paying all the money) you are relaxed and initially dont worry about the delays, if its coming out of your pocket you doublecheck everything and are proactive...just a thought
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
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rvendra
05-18 04:28 PM
Could you send me personal message, will talk to you.
more...
kondur_007
08-21 06:28 PM
I have a strange situation where I was thinking of AC21 all the while since January (Jul 02 Filer, TSC with Receipt# SRC 0722...).
Now, I finally made my mind and about to get an offer (after labor day, they say).
The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"
My PD is July 31st, 2006.
Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.
please advise if the timing (within 3 months) makes sense.
Please also shed light on the permanent intent thing .
Many thanks
I am not a lawyer, but this is my honest opinion:
If your I140 is approved, go ahead and do AC21. On a long run you will be much better off. Odds are, your GC will take a while and you will get stuck with an employer you dont want to work with long term. So go ahead and do AC21 ASAP before GC gets approved. As long as you invoke AC21 (date when you mail AC21 papers to USCIS or document it with your lawyer or accept the new job) BEFORE the approval of you GC, you will just be fine.
Good Luck.
Now, I finally made my mind and about to get an offer (after labor day, they say).
The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"
My PD is July 31st, 2006.
Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.
please advise if the timing (within 3 months) makes sense.
Please also shed light on the permanent intent thing .
Many thanks
I am not a lawyer, but this is my honest opinion:
If your I140 is approved, go ahead and do AC21. On a long run you will be much better off. Odds are, your GC will take a while and you will get stuck with an employer you dont want to work with long term. So go ahead and do AC21 ASAP before GC gets approved. As long as you invoke AC21 (date when you mail AC21 papers to USCIS or document it with your lawyer or accept the new job) BEFORE the approval of you GC, you will just be fine.
Good Luck.
gc_chahiye
11-19 12:41 PM
i am going for the h1 stamping first time . in form 156 how long do you intend to stay in usa ? for that i wrote 3 years . is it ok ? and my sister is also in usa .so for one question i wrote the same thing because we should be honest thats why.
here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?
should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .
+ 3 years is correct, as thats what your H1 petition is for. You will get a 3 year multiple entry visa, thats the standard for H1.
+ no problem with your sister being in the US. The H1-B is a dual intent visa. Unlike a student visa or a tourist visa you are not required to prove any ties to INdia or convince them that you'll return. Dont take any support letter from your parents, its not needed. As long as you have a bonafide job offer from the US and your degree certificate etc are in order, you are good to go.
If they ask you if you'll come back, the answer is upto you: you can say yes, you can say you'll evaluate in 3 years if you want to return or extend for another 3 etc. Typically it does not come up because of the dual-intent nature of this visa.
here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?
should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .
+ 3 years is correct, as thats what your H1 petition is for. You will get a 3 year multiple entry visa, thats the standard for H1.
+ no problem with your sister being in the US. The H1-B is a dual intent visa. Unlike a student visa or a tourist visa you are not required to prove any ties to INdia or convince them that you'll return. Dont take any support letter from your parents, its not needed. As long as you have a bonafide job offer from the US and your degree certificate etc are in order, you are good to go.
If they ask you if you'll come back, the answer is upto you: you can say yes, you can say you'll evaluate in 3 years if you want to return or extend for another 3 etc. Typically it does not come up because of the dual-intent nature of this visa.
more...
gcformeornot
12-31 01:54 PM
please help
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arorasa
01-01 01:20 AM
Good thread. Encourage more people to vote !
more...
geevikram
07-03 09:44 AM
This would be another form of civil disobedience movement that Gandhiji started against Britishers. We should call it market disobedience. Nice idea., btw I have already started this. I, on a month to month basis have started investing money in Indian accounts (FDs,MF and stocks) which I would have otherwise invested here. I'm doing this for the past 1.5 years. As long as I do not have a visibility on when I will get my GC, there is no point in investing here. I'm actually sorry to say this because this country now, of all times, needs any money that they can get. I love US, so not being to be able to help kinda hurts. But hey......, you know why. :rolleyes:
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m306m
06-09 11:02 AM
Transit visa is only required if you are planning to return to the US. If you are planning to go back to the country of citizenship, no trasit visa is required through Germany, London etc..
If this still a concern, there are other options. There are direct flight (Delta) from NY to Mumbai, Also you can go through Egypt (no transit visa required) or UAE, direct flight from NY to Dubai on Emirates and onward to India. Over the pacific you can fly through Japan, Indonesia, Malaysia, etc without a transit visa.
Sorry to hear about your loss. Hope things work out for you.
Some countries require transit visa like UK for even changing flight but going through Germany do not require such a visa for EAD holders, you should contact the local consulate for B-1 holders.
Hope you have filed a Police report and got the pp based on it. Very sorry for your loss, wish you recover the stolen items before leaving for India.
If this still a concern, there are other options. There are direct flight (Delta) from NY to Mumbai, Also you can go through Egypt (no transit visa required) or UAE, direct flight from NY to Dubai on Emirates and onward to India. Over the pacific you can fly through Japan, Indonesia, Malaysia, etc without a transit visa.
Sorry to hear about your loss. Hope things work out for you.
Some countries require transit visa like UK for even changing flight but going through Germany do not require such a visa for EAD holders, you should contact the local consulate for B-1 holders.
Hope you have filed a Police report and got the pp based on it. Very sorry for your loss, wish you recover the stolen items before leaving for India.
more...
eb3retro
10-29 10:04 AM
lazycis,
i sent you a pm..could u pls respond. thanks.
i sent you a pm..could u pls respond. thanks.
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varadan73
12-12 01:00 PM
What if i leave it just like that?
more...
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meridiani.planum
07-23 05:41 AM
All,
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
my understanding was that in this case you would not do a concurrent filing. You would file the I-140 requesting PD recapture. Once the I-140 was approved, and your PD-recapture also approved, at that point your new PD is confirmed and thats what allows you to file the I-485.
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
Here is my situation -
Previous Employer -
EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007
New Employer -
EB2, PD-Dec'-07, I-140 (Feb'08 - pending)
Question -
Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.
Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.
Any "Creative" thoughts on how to approach USCIS moving forward.
Thanks in advance for your replies.
Aamchimumbai
my understanding was that in this case you would not do a concurrent filing. You would file the I-140 requesting PD recapture. Once the I-140 was approved, and your PD-recapture also approved, at that point your new PD is confirmed and thats what allows you to file the I-485.
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BPforGC
05-21 04:54 PM
July 2009
July 2010
July 2011
July 2012...or
By the way things are moving backwards, We will be awarded GC posthumously in a Rose Garden Ceremony by the President (who will be my son since he was born here and eligible to be come President. He will be contesting elections in 2060 under 'American Nava Nirman Sena' Ticket).
July 2010
July 2011
July 2012...or
By the way things are moving backwards, We will be awarded GC posthumously in a Rose Garden Ceremony by the President (who will be my son since he was born here and eligible to be come President. He will be contesting elections in 2060 under 'American Nava Nirman Sena' Ticket).
more...
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pushkarw
12-21 01:13 PM
Have you contributed to the MILLION dollar drive? Please visit the funding thread!
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TeddyKoochu
04-22 03:47 PM
Congratulations HBK, what a relief to hear the good news on your case, I am in the same situation and started collecting papers to apply on normal processing will update all of you how it goes. same Vermont ..I am applying.
Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.
May GOD Bless all.
USCIS Policy Memo site link below see for yourself.
USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)
I think you are right, hopefully its going to be a matter of time. What a great relief.
Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.
May GOD Bless all.
USCIS Policy Memo site link below see for yourself.
USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)
I think you are right, hopefully its going to be a matter of time. What a great relief.
more...
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nk2006
04-17 03:36 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.
Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.
If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).
girlfriend Do you trust GLaDOS? portal 2
singhsa3
07-12 02:29 PM
Hi Man,
That thread is is informative but does not directly answers the question, as it covers variety of items. Personally, I just want know if any one who filled in July got rejected , if yes, what are the details. If folks are willing to stick to responding only if their 485 in July got rejected, with details. I would recommend to keep this thread.
http://immigrationvoice.org/forum/showthread.php?t=6319
In this thread people are discussing mostly for the July 485 cases, so the name is not exactly the "485 rejection", but similar situations are discussed here.
Thanks
That thread is is informative but does not directly answers the question, as it covers variety of items. Personally, I just want know if any one who filled in July got rejected , if yes, what are the details. If folks are willing to stick to responding only if their 485 in July got rejected, with details. I would recommend to keep this thread.
http://immigrationvoice.org/forum/showthread.php?t=6319
In this thread people are discussing mostly for the July 485 cases, so the name is not exactly the "485 rejection", but similar situations are discussed here.
Thanks
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gc_kaavaali
07-09 12:19 PM
If you don't get your EAD renewal card you should stop working. Because it is illegal.
As per the processing dates, they are processing the applications recieved on March 17th,2008 at Nebraska.
I am hoping that I will recieve my approval before September 10th, but incase i dont..what are my options?
I know they approved many applications last month before the 30th june deadline but i guess they will go back to their slow procedures now.
As per the processing dates, they are processing the applications recieved on March 17th,2008 at Nebraska.
I am hoping that I will recieve my approval before September 10th, but incase i dont..what are my options?
I know they approved many applications last month before the 30th june deadline but i guess they will go back to their slow procedures now.
stxvr
07-20 02:24 PM
7% limit is for the each category (like EB 7%) then seperate 7% for FB.
Can the EB used all the numbers of india (25,620) OR it can use only 7% of the EB only means (9800)
Can the EB used all the numbers of india (25,620) OR it can use only 7% of the EB only means (9800)
dvb123
11-21 11:06 AM
[Federal Register: November 21, 2007 (Volume 72, Number 224)]
[Notices]
[Page 65588]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no07-75]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2426-07; DHS Docket No. USCIS-2007-0043]
RIN 1615-ZA61
Cuban Family Reunification Parole Program
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This Notice announces U.S. Citizenship and Immigration
Services' Cuban Family Reunification Parole Program. Under this
program, U.S. Citizenship and Immigration Services is offering
beneficiaries of approved family-based immigrant visa petitions an
opportunity to receive a discretionary grant of parole to come to the
United States rather than remain in Cuba to apply for lawful permanent
resident status. The purpose of the program is to expedite family
reunification through safe, legal, and orderly channels of migration to
the United States and to discourage irregular and inherently dangerous
maritime migration.
DATES: This Notice is effective November 21, 2007.
FOR FURTHER INFORMATION CONTACT: Manpreet S. Dhanjal, Refugee Officer,
U.S. Citizenship and Immigration Services, Department of Homeland
Security, 111 Massachusetts Avenue, NW., 8th Floor, Washington, DC
20529, Telephone (202) 272-1613.
SUPPLEMENTARY INFORMATION:
I. Background
In furtherance of the U.S.-Cuba Migration Accords, the United
States endeavors to provide a minimum of 20,000 travel documents
annually to aspiring Cuban emigrants. See Joint Communiqu[eacute] on
Migration, U.S.-Cuba (Sept. 9, 1994) (known together with the May 2,
1995 Joint Statement as the U.S.-Cuba Migration Accords (hereinafter
``Migration Accords'')). In so doing, the United States offers a safe,
legal, and orderly means of coming to the United States. To date, the
majority of travel documents issued under the Migration Accords fall
into one of three programs: family-based immigrant visas; refugee
resettlement; and parole under the Special Cuban Migration Program,
also referred to as the Cuban Lottery. For information on the Cuban
Lottery, see http://havana.usinterestsection.gov/diversity_program.html
.
Two aspects of the existing array of migration programs limit the
ability of the United States to effectively promote safe, legal, and
orderly migration as an alternative to maritime crossings. First, with
the exception of ``immediate relatives'' (e.g., spouse, unmarried
child) of U.S. citizens (USCs), the number of family-based immigrant
visas that are available in any given year is limited by statute. See
Immigration and Nationality Act (INA) sections 201(c), 202(a) & 203, 8
U.S.C. 1151(c), 1152(a) & 1153. The statutory caps have resulted in
long waiting periods before family members remaining in Cuba may rejoin
the USCs and lawful permanent residents (LPRs) residing in the United
States who petitioned for them. Second, the United States has not been
permitted to hold a new registration period since 1998 due to
constraints placed on the Cuban Lottery program by the Cuban
Government. This greatly reduces the pool of individuals to whom the
United States may issue travel documents.
For these reasons, this Notice adds the Cuban Family Reunification
Parole (CFRP) Program to the list of migrant programs based on which
the United States issues travel documents under the Migration Accords.
II. The CFRP Program
Under the CFRP Program, USCIS may exercise its discretionary parole
authority to permit eligible Cuban nationals to come to the United
States to rejoin their family members. See INA section 212(d)(5)(A), 8
U.S.C. 1182(d)(5)(A) (permits parole of an alien into the United States
for urgent humanitarian reasons or significant public benefit); see
also 8 CFR 212.5(c) & (d) (discretionary authority for granting
parole). Granting parole to eligible aliens under the CFRP Program
serves the significant public benefit of enabling the United States to
meet its commitments under the Migration Accords as well as reducing
the perceived need for family members left behind in Cuba to make
irregular and inherently dangerous attempts to arrive in the United
States through unsafe maritime crossings, thereby discouraging alien
smuggling as a means to enter the United States. Whether to parole a
particular alien remains, however, a case-by-case, discretionary
determination.
III. Participation in the CFRP Program
USCIS will offer participation in the CFRP Program to Cuban
nationals who reside in Cuba and who are the beneficiaries (including
any accompanying or following to join spouse and children (see INA
section 203(d), 8 U.S.C. 1153(d)) of a properly filed Form I-130,
``Petition for Alien Relative,'' that has been approved, but for which
an immigrant visa is not yet immediately available.
Under the CFRP Program, USCIS or the Department of State's National
Visa Center (NVC) will mail written notice to U.S.-based USC and LPR
petitioners whose Forms I-130 have been approved regarding their
beneficiary's eligibility to participate in the CFRP Program and the
procedures for requesting parole. However, participation in the CFRP is
voluntary. If USCIS exercises its discretion to grant parole, it will
issue the necessary U.S. travel documents to the beneficiary in Cuba.
These travel documents will enable the beneficiary to travel safely to
the United States to rejoin his or her family members.
Participation in the CFRP Program is not available to aliens who
qualify as ``immediate relatives'' under section 201(b)(2)(A)(i) of the
INA, 8 U.S.C. 1151(b)(2)(A)(i). The extraordinary benefit of parole is
not needed for these aliens, since they may seek visas for travel to
the United States immediately upon the approval of Form I-130.
Additional information about the CFRP Program will be posted at
http://www.uscis.gov.
Dated: November 15, 2007.
Emilio T. Gonzalez,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. E7-22679 Filed 11-20-07; 8:45 am]
BILLING CODE 4410-10-P
[Notices]
[Page 65588]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no07-75]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2426-07; DHS Docket No. USCIS-2007-0043]
RIN 1615-ZA61
Cuban Family Reunification Parole Program
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This Notice announces U.S. Citizenship and Immigration
Services' Cuban Family Reunification Parole Program. Under this
program, U.S. Citizenship and Immigration Services is offering
beneficiaries of approved family-based immigrant visa petitions an
opportunity to receive a discretionary grant of parole to come to the
United States rather than remain in Cuba to apply for lawful permanent
resident status. The purpose of the program is to expedite family
reunification through safe, legal, and orderly channels of migration to
the United States and to discourage irregular and inherently dangerous
maritime migration.
DATES: This Notice is effective November 21, 2007.
FOR FURTHER INFORMATION CONTACT: Manpreet S. Dhanjal, Refugee Officer,
U.S. Citizenship and Immigration Services, Department of Homeland
Security, 111 Massachusetts Avenue, NW., 8th Floor, Washington, DC
20529, Telephone (202) 272-1613.
SUPPLEMENTARY INFORMATION:
I. Background
In furtherance of the U.S.-Cuba Migration Accords, the United
States endeavors to provide a minimum of 20,000 travel documents
annually to aspiring Cuban emigrants. See Joint Communiqu[eacute] on
Migration, U.S.-Cuba (Sept. 9, 1994) (known together with the May 2,
1995 Joint Statement as the U.S.-Cuba Migration Accords (hereinafter
``Migration Accords'')). In so doing, the United States offers a safe,
legal, and orderly means of coming to the United States. To date, the
majority of travel documents issued under the Migration Accords fall
into one of three programs: family-based immigrant visas; refugee
resettlement; and parole under the Special Cuban Migration Program,
also referred to as the Cuban Lottery. For information on the Cuban
Lottery, see http://havana.usinterestsection.gov/diversity_program.html
.
Two aspects of the existing array of migration programs limit the
ability of the United States to effectively promote safe, legal, and
orderly migration as an alternative to maritime crossings. First, with
the exception of ``immediate relatives'' (e.g., spouse, unmarried
child) of U.S. citizens (USCs), the number of family-based immigrant
visas that are available in any given year is limited by statute. See
Immigration and Nationality Act (INA) sections 201(c), 202(a) & 203, 8
U.S.C. 1151(c), 1152(a) & 1153. The statutory caps have resulted in
long waiting periods before family members remaining in Cuba may rejoin
the USCs and lawful permanent residents (LPRs) residing in the United
States who petitioned for them. Second, the United States has not been
permitted to hold a new registration period since 1998 due to
constraints placed on the Cuban Lottery program by the Cuban
Government. This greatly reduces the pool of individuals to whom the
United States may issue travel documents.
For these reasons, this Notice adds the Cuban Family Reunification
Parole (CFRP) Program to the list of migrant programs based on which
the United States issues travel documents under the Migration Accords.
II. The CFRP Program
Under the CFRP Program, USCIS may exercise its discretionary parole
authority to permit eligible Cuban nationals to come to the United
States to rejoin their family members. See INA section 212(d)(5)(A), 8
U.S.C. 1182(d)(5)(A) (permits parole of an alien into the United States
for urgent humanitarian reasons or significant public benefit); see
also 8 CFR 212.5(c) & (d) (discretionary authority for granting
parole). Granting parole to eligible aliens under the CFRP Program
serves the significant public benefit of enabling the United States to
meet its commitments under the Migration Accords as well as reducing
the perceived need for family members left behind in Cuba to make
irregular and inherently dangerous attempts to arrive in the United
States through unsafe maritime crossings, thereby discouraging alien
smuggling as a means to enter the United States. Whether to parole a
particular alien remains, however, a case-by-case, discretionary
determination.
III. Participation in the CFRP Program
USCIS will offer participation in the CFRP Program to Cuban
nationals who reside in Cuba and who are the beneficiaries (including
any accompanying or following to join spouse and children (see INA
section 203(d), 8 U.S.C. 1153(d)) of a properly filed Form I-130,
``Petition for Alien Relative,'' that has been approved, but for which
an immigrant visa is not yet immediately available.
Under the CFRP Program, USCIS or the Department of State's National
Visa Center (NVC) will mail written notice to U.S.-based USC and LPR
petitioners whose Forms I-130 have been approved regarding their
beneficiary's eligibility to participate in the CFRP Program and the
procedures for requesting parole. However, participation in the CFRP is
voluntary. If USCIS exercises its discretion to grant parole, it will
issue the necessary U.S. travel documents to the beneficiary in Cuba.
These travel documents will enable the beneficiary to travel safely to
the United States to rejoin his or her family members.
Participation in the CFRP Program is not available to aliens who
qualify as ``immediate relatives'' under section 201(b)(2)(A)(i) of the
INA, 8 U.S.C. 1151(b)(2)(A)(i). The extraordinary benefit of parole is
not needed for these aliens, since they may seek visas for travel to
the United States immediately upon the approval of Form I-130.
Additional information about the CFRP Program will be posted at
http://www.uscis.gov.
Dated: November 15, 2007.
Emilio T. Gonzalez,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. E7-22679 Filed 11-20-07; 8:45 am]
BILLING CODE 4410-10-P
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