Visa Bulletin – March 2024

March Visa Bulletin for the FY 2024 was released few days. Here are key insights and updates to it with some predictions.

How to use Demand Data to calculate EB3 to EB2 Porting?

As per visa allocation each year under each category, USCIS/DOL should use 233 visas every month for EB2-India. Normally this should reduce demand by 233 every month. Since we are not seeing any reduction in demand data, it suggests that there are many individuals who are upgrading their case from EB3 to EB2. So what is the rate at which EB3 to EB2 porting is happening? Simple Calculations that could be used to estimate this is ...

EB3 to EB2 Porting with same employer: Not a good idea

These days it is been topic of the town for Indian nationals to port their priority date from EB3 to EB2 category. So far this totally makes sense. This could tremendously reduce the wait time for an individual to receive a green card. But an individual and his employer should be very careful while taking this step if they are planning to port the case with a same (current) employer. There are rumors that many employers are upgrading their employees’ petition from EB3 to EB2 category just to retain their employees.

I-485 Case Tracker for PDs 'Current'

We have released new I-485 case tracker for cases that are 'Current' today. Please use this tracker to enter details of your application and case status. Please fill in as much details as possible and edit the tracker as and when you will get more information on your application status. Use this tracker to see if PDs that has recently became current are getting approved

January 2012 I-485 Pending Inventory - EB Category Visa Use

USCIS released I-485 pending inventory upto 12 January 2012. Please note this inventory is only for Service Centers and Field Offices, and does not contain consular processing cases. Dependents are included. Here is a summary of the I-485 inventory when compared to October 2011 Inventory. This inventory is used to estimate the visa use during Q1 of FY 2012 and Projected Demand for FY 2012.Please note that one fallacy to using inventory to estimate demand is that it will not consider cases approved in less than 90 days.

EB Category Roll-Over and PWMB Demand: I-485 Receipt Data

We analyzed I-485 Approvals and Receipts for FY 2011 to estimate carry-over demand from FY 2011 in EB category. We also used this data in conjunction with USCIS I-485 Performance data and I-485 representative filings from June to September 2011 at trackitt to estimate People Who Missed the Boat (PWMB) demand for EB2-IC upto September 2011 that may start consuming visa numbers from FY 2012 annual allocation and/or spillover.

Prediction for EB2 Category for FY 2012

Here is the Prediction for EB2 Category cutoff date retrogression for Fiscal Year 2012. Basis for this prediction is simple calculations (see below) which is done based on available data i.e. PERM data published by DOL, I-485 Inventory data, latest trend on Trackitt for EB1 & EB2 cases and other published data by USCIS. Demand data for each dependent category is predicted and explained in calculations below. This data is further used to calculate spillover that would be available for EB2 category. Retrogression is estimated based on visa allotment available each year for each country and total spillover that is expected in FY 2012. In each case, Optimistic, Realistic and Worst-Case scenario is estimated.

Green Card Calculator - Employment Based

As per recent demand data released until September 01, 2011 on EB I-485 inventory, here is the 'Green Card' calculator for Employment- Based category that tells an individual how many I-485 applicants are there before them in the queue under their filed preference category. Beyond this, calculations are extended to predict how many years will it take an individual to receive a green card. In addition, you can put an assumption for a spillover that your category and country would receive every year and see how this changes the scenario.

What to do once Priority Date (PD) becomes current?

A very commonly asked question by fellow petitioners is the step by step process that they should follow after an individual’s Priority date will become current. Please read this article to check on next steps and required I-485 documents.

I-485 Primary & Secondary Evidence - Country Specific

Commonly asked question is what to do when primary evidence of birth, marriage, divorce etc is not available. Here is the country specific I-485 Required documents for (AOS) or (CP). Immigration officers or Adjudicators are asked to refer to the list below before making any decision on RFE or NOID in case primary evidence is not submitted or established. Please select your country from the drop-down list to see specific secondary evidence and documents.

EB2-India & China I-140 Demand (Yearly) based on DHS Released Report

DHS on 29th December 2011 released a Citizenship and Immigration Services Ombudsman's recommendation to improve the quality in Extraordinary Ability and Other Employment based petition adjudication document. We used this data to deduce I-140 demand for EB2-India and China.

EB2-IC Movements FY 2012 - Mr. Oppenheim's thinking?

We looked into if there is any analytical correlation between movements that Mr. Oppenheim did last year for Family Based Category (F2A) and current movement that we saw with EB2-India and China for Employment Based Category. Is there any correlation or equation or factor that can determine how Mr. Oppenheim would think in absence of demand or visible demand in case number of filings that he is receiving or available adjudicated case cases are less? That is when we started digging into this.

AC21 Portability - FAQs and Sample Letters to USCIS

Some people suggests that sending letter to USCIS on job change after invoking AC-21 portability is not required. But this is a gray area, and no one knows it better if USCIS should be informed when individual would invoke an AC-21 portability to change job once applicant's I-485 is pending for more than 180 days with USCIS.

Understanding Section 245(k) to use it for Derivative applicants after Primary’s I-485 approval

Common question asked by many primary I-485 applicants who had previously filed I-485 Adjustment of Status (AOS) application, which is still pending with USCIS, is about adding their spouses or children (derivatives) to their pending I-485 application. At this point there is always a concern among the petitioner that their case will be approved before their derivatives application

July 2012 Visa Bulletin Predictions - EB Category

Here is the prediction for July 2012 Visa Bulletin. We should see following movements in each category as long as USCIS/DOL would use visa numbers as per statutory allocations.

EB2 India & China - What to expect in FY 2012?

Cut-Off Dates has reached PD 15th April 2007 for EB2-India and China for FY 2011 in September bulletin, now what can we expect for FY 2012?. We have some analysis to estimate movement in FY 2012. This is very rudimentary as of now and can change as FY 2012 will progress.

EB3 ROW-Mexico-Philippines - What to expect in FY 2012?

For FY 2012, EB3-ROW-M-P is expected to move together similar to the movement that was seen for FY 2011. Based on available I-485 inventory, last released demand data, and hidden demand (or Consular Processing demand) that was observed in FY 2011, total EB3-M-P demand until ....

How to know if old I-140 has been revoked by previous employer?

If an individual filing a green card under employment-based category has changed job and now planning to port priority date from previous filed Labor certification, he/she will at least need an approved I-140 from previous employer to recapture priority dates. This I-140 should not be revoked and still active.

Understanding Visa Bulletin Cut-Off Date Determination

The State Department (DOS) is responsible for the allocation of numerically limited immigrant visa numbers under the authority granted by section 203 of the Immigration and Nationality Act (INA). These visa numbers are allocated based on congressionally mandated preferences that assign an overall total, limits for each category and per country limits within each category. Here is a quick Memo on the steps involved.

'Hard' vs 'Soft' LUD - How to use it to track your case status with USCIS?

If you heard people talking about keeping track of 'Soft' and 'Hard' LUDs on forums and other websites, and wondered what it is, now you can understand what is LUDs and how you can use them to track any activity on your petition that is pending with USCIS.

How to Obtain an Emergency Advance Parole (AP) Document?

If your current status is Adjustment of Status (AOS) Pending and you are currently working on EAD, it is very important that you renew your Advance Parole (AP) document in timely manner, well in advance. If an individual leaves a country under AOS pending status with their AP application pending or AP document due expire when they are traveling outside of country, they will abandon their status in United Status. Subsequently their I-485 application will be denied.

People Who Missed the Boat (PWMB) during July 2007

Question was asked in the comment section that how would applications with Priority date before July 2007 who could not file in July 2007 would affect EB2-IC movement for FY 2011. These people are commonly referred as "People Who Missed the Boat (PWMB)" by some people. We earlier thought that these numbers will small percentage of the whole group. But careful analysis of PERM data suggests that these numbers are significant when you will include primary + dependents (assuming a family would consume 2.5 visas) applications.

EB3 to EB2 Porting Calculations - Part III

We have a poll on EB3 to EB2 Porting which is up since last week of February 2011, and till-date we have received '445' votes. Results has been consistent through out the poll for the last two months. It suggests that the general trend or distribution of individuals with different PD that are porting has not changed from day to day regardless of number of votes received.We are convinced that this will be a general trend for rest of the current year regardless of porting numbers. Calculations are further extended to extrapolate real world numbers.

H1B FY 2012 CAP Count & Predictions

As per recent release by USCIS, regular cap has utilized till date 11,200 visas and Masters quota has utilized 7,900 visas as of 13th May 2011. It is interesting to see that H1B visa under Master Cap has utilized more than 35% of the quota. As of now number of petitions increased from last week is 1,600. Based on past months trend, regular cap can reach by 27th January 2012 and Masters Cap by 30 September 2011.

H1B FY 2012 : List of Disqualified Employers

H1B FY 2012 season will be here soon. It is advisable that the prospective aspirants for H1B FY 2012 should be aware of the debarred or disqualified employer for this season. Please make sure you do not become a bait to any of these employers for your H1B filing. These employers are willful violator employer and are black-listed.

PERM Processing Time Starts to Slump

DOL recently released current PERM processing times. It looks like fire-sale is almost over and PERM processing time will again start creeping towards 1-2 months wait or more in coming months. 5 days approval will be a history. Temporary Government shutdown is still not in effect and this will delay the processing time further when some decision about it will be made during April 8, 2011. The Senate votes to fund the federal government through April 8. But the stalemate over 2011 spending remains, and no one wants to pass another short-term stopgap. Is the stage now set for a government shutdown next month is yet to be known.

Document on Tax Exemption for OPT Students and Students on F1B visa

Document or proof stating that OPT students are not required to pay Social Security Taxes and Medicare tax. You can share this with your employer

What is H1B 'CAP Exempt' visa?

Most of the international students after graduation would focus their attention to find a job in corporate world. But it is always difficult to find an employer who will be ready to sponsor your H1B visa. If you are lucky, you may find an employer who is willing to sponsor your work visa, but could not do it because quota is not available at that time or if quota is open, is worried that he may have to wait until start of fiscal year in October before you could begin working for him. What are other options in such case? Well in this case, you can opt for working for organizations that are exempted from H1B visa regular cap quota.

Showing posts with label I-485. Show all posts
Showing posts with label I-485. Show all posts

Sunday, February 26, 2012

Adjusted EB2-India & China FY 2012 Retrogression Estimation based on I-485 Receipt Data

Posted On Sunday, February 26, 2012 by Rav 41 comments

Based on newly released USCIS Receipts and Approvals for Q1-FY 2012, we would like to adjust the estimation of retrogression for FY 2012 for EB2-India & China Category. This time we were fooled by USCIS January 2012 Inventory which in reality is nothing but a muck of mislaid data. Either USCIS inventory was incomplete in terms of November 2011 and December 2011 to an error of greater than 50% or currently released document has some error. Most likely at this point January Inventory looks incomplete not only with respect to December 2011 visa bulletin movement data but to great extent to November 2011 data. In any case, at this time we feel dejected to outline that we are back to square-one where we started for FY 2012. If any of this is accurate to 80-90%, we are talking about severe retrogression.

Visa Usage or Approvals from the released data 
Currently released data suggests that atleast 31,541 visas were used in Q1-FY 2012. This looks reasonable based on estimated visa use that was published few months ago. 

Estimated EB2-IC visa use upto Q1-FY 2012 is 8000+4805 (PWMB). Also for EB3 category at least 15% or more visa is used by Consular Processed (CP) cases, so monthly visa use is 0.85*3367 = 2861 per month at USCIS. For 3 months it becomes, 2831*3 = 8,493. EB4 could have used 2495 or more in Q1 and EB5 has used 2864 based on released data. Estimated from January Inventory, EB1 and EB2-ROW-M-P use was  around 3,580 and 2321 respectively.
 
Visa use in Q1-FY2012 =  3580 + 8000+ 4805 + 2321+  8493 + 2495 + 2864 = 32,558 (approx 31,541)


EB2-IC Receipts from the released data 
Most disturbing and contradicting to January Inventory data is the total EB category receipts issued in Q1-FY 2012. YTY we had seen that total I-485 EB Receipts at TSC and NSC were 27% - 33% of total I-485 receipts at these service centers. Well current data suggests that when EB2-IC cut-off dates were moved so much in last 6 bulletins, this is no longer true. EB category receipts due to such huge movement now estimates as large as 50%-60% of total I-485 receipts at these centers.

Based on EB receipts for each month as per currently released data, and current trackitt trend for filings in each month for Q1-FY 2012, EB2-India & China demand estimate has almost doubled than what was estimated earlier just because of I-485 EB receipts now representing 50%-60% of total receipts and not 27%-33% anymore. Tabulated results is based on taking EB2-IC trackitt data as it is and assuming EB1 and EB2-ROW-M-P  representation is 1/4th of that of EB2-IC on trackitt. See this article for reference on how this is calculated.

 EB1 and EB2-ROW-M-P estimation above jives well with new applications estimated from January Inventory. Estimation from January 2012 Inventory falls atleast 20% low again because of incompleteness.

One fallacy to above method is that we have not considered any EB3 to EB2 Porting and any new receipts for EB4 and EB5. Based on inventory EB3 to EB2 Porting is not more than 1800, and EB4 & EB5 demand is around 622+223 = 845. Assuming incompleteness of inventory, if we increase this number by 50% more, it comes out to be 845*1.5 = 1267. Though good chunk of EB4 and EB5 cases are CP cases we can ignore it at this point and assume all 1267 were filed at USCIS. Out of new EB2-IC cases, there will be few PWMBs too, which account for these receipts. Such number should be part of October receipts. Considering all these errors, EB2-IC demand for Q1-FY2012 comes out to be 23,787 - 1800 - 1267 = 20720. This is atleast 8000-9000 higher than 11,563 what we estimated from January Inventory. This tells us that January Inventory is totally bogus with respect to EB2-IC demand and should be ignored. Again if these are not EB2-IC numbers then any reduction in here should be accounted by increase in EB1, EB2-ROW, EB4 or EB5 demand, which by all means suggest less contributed spillover to EB2-IC. Based on this March 2008 PD total demand for this year becomes

EB2-IC demand March 2008 =  8000+ 20,720 + 1,800 = 30,520

Now based on current EB1 and EB2-ROW demand, we are estimating that spillover for this year can be as high as 35,500 and as low as 28,800. So it still means June-July 2008 PD can receive green card this FY 2012. My personal opinion is that due to long processing time at USCIS, DOS may not have to retrogress dates all the way to June-July 2008 and then move them again in FY 2013.So this means we can still see October 2008 PD to be current for the remaning fiscal year. USCIS may approve cases more likely on basis of PD than receipt date. EB1 demand will be a gate keeper for this year based on USCIS efforts to reduce this huge inventory. EB2-ROW-M-P demand may yield more spillover compared to last year.

Summary
  • USCIS inventory was not indicative of real EB2-IC demand. We were fooled by those low numbers. Current Receipt data suggests that EB2-IC demand upto March 2008 PD is capable to use 30,520 visa numbers.
  • PD June-July 2008 should expect Green Card this year with dates still hovering around October 2008 - November 2008 incase DOS decides to avoid severe retrogression and moving dates again in FY 2013.


Monday, February 6, 2012

Prediction for EB2 Category for FY 2012 - Employment Based Green Card

Posted On Monday, February 06, 2012 by Rav 60 comments

Here is the Prediction for EB2 Category cutoff date retrogression for Fiscal Year 2012. Basis for this prediction is simple calculations (see below) which is done based on available data i.e. PERM data published by DOL, I-485 Inventory data, latest trend on Trackitt for EB1 & EB2 cases and other published data by USCIS. Demand data for each dependent category is predicted and explained in calculations below. This data is further used to calculate spillover that would be available for EB2 category. Retrogression is estimated based on visa allotment available each year for each country and total spillover that is expected in FY 2012. In each case, Optimistic, Realistic and Worst-Case scenario is estimated.

Based on newly released USCIS Receipts and Approvals for Q1-FY 2012, we would like to adjust the estimation of retrogression for FY 2012 for EB2-India & China Category. See this article for detail.


Summary of article

  • USCIS inventory was not indicative of real EB2-IC demand. We were fooled by those low numbers. Current Receipt data suggests that EB2-IC demand upto March 2008 PD is capable to use 30,520 visa numbers.
  • PD June-July 2008 should expect Green Card this year with dates still hovering around October 2008 - November 2008 incase DOS decides to avoid severe retrogression and moving dates again in FY 2013.
EB2-IC PERM to Inventory factor is a User ENTERED' field and can be changed accordingly. 


You can also play with EB1, EB2-ROW-M-P, EB4 and EB5 demand to get your own estimate. Please read this article to estimate their respective demand.

Estimation on Retrogression - Last Updated - 26 February 2012

We do not expect to achieve any spillover from Family-Based category.


Detailed analysis on Visa Demand data for each category could be seen below in the calculations.


You can enter porting and visa demand for each category in 'User ENTERED' box for your Priority date, and see if your PD would be current with those assumptions.

This Prediction will be updated as and when more data is published - Last Updated 26 February 2012

Notes

Understanding Spillover
Spill Across (SA): It is a horizontal reallocation of visas within a category. (Unused number from EB2 ROW will be allotted to EB2 -India and China)
 
Fall Down (FD) : It is the vertical reallocation of visas between categories (eg: unused numbers from eb1 go to eb2....) Unused visa numbers in a higher preference level can "fall-down" to lower preference categories. For example, excess EB1 numbers can "fall-down" to EB2.


Fall Up (FU): Unused visa numbers in EB4 and EB5 can "fall-up" to EB1 then to EB2


EB2 - India-China Allocation (IC) - Visa numbers allotment to India and China EB2-category. This is 2,800 for each country or total 5,600.


How spillover works?

Unused EB4 and EB5 => EB1 => Unused EB1 => EB2 ROW => EB2 Retrogressed


Visa Allocation available each year

EB1 - 40,000

EB2 -ROW-P-M - 34,400

EB2-IC - 5,600

EB4 - 9,940

EB5 - 9,940


Calculations


Sunday, February 5, 2012

January 2012 I-485 Pending Inventory - EB Category Visa Use

Posted On Sunday, February 05, 2012 by Rav 0 comments

USCIS released I-485 pending inventory upto 12 January 2012. Please note this inventory is only for Service Centers and Field Offices, and does not contain consular processing cases. Dependents are included. Here is a summary of the I-485 inventory when compared to October 2011 Inventory. This inventory is used to estimate the visa use during Q1 of FY 2012 and Projected Demand for FY 2012.Please note that one fallacy to using inventory to estimate demand is that it will not consider cases approved in less than 90 days.

EB1 demand : In general, EB1 is highly backlogged with atleast 15,583 applications still pending at Service Centers. Although this number looks big at first glance please do not worry. This is just a backlog that USCIS will need to clear going forward. Rate of new application filings is very low and we can estimate at least 12,000 or more spillover from this category at current rate. This may change with time. It all depends how much USCIS will like to reduce it's inventory when crossing into FY 2013. Generally such number is around 8,000 year-to-year, and we have used this number to estimate our projected EB1 demand for FY 2012.


EB2-ROW-M-P demand - This category demand is little surprising at first. I am not sure if new demand is so low but we should remember that other significant demand for this category also comes from consular processed cases. Such demand is usually around 15%. Estimated Demand shown is only for USCIS and Field Offices. Usually year to year inventory for this category ends around 8,000 -10,000. We assumed 8,000 in our calculations.

If we will add 15% to the estimated demand, we can say that estimated FY 2012 EB2-ROW-M-P demand is around 1.15 * 22,379 = 25,735. From EB2-ROW-M-P, we can expect spillover around 34,200 - 25,735 = 8,465 or more

EB3-ROW-M-P demand - Visa use for for EB3-ROW-M-P is estimated from October 2011 to January 2012 inventory. Please see below.

 One thing to note here is that only 5,042 visa numbers were used by EB3-ROW-M-P at USCIS. Total visa number available for 3 months is around 8,682. Remaining 3,640 were used by consulates abroad. This demand is around 40% for CP cases.We are still marching towards 08 August 2006 for this category.

EB2-IC demand - This section of the article will only cover EB2-India and China demand till PD July 31st, 2007. This demand is all inclusive of visa numbers that are/will be used upto this PD for current fiscal year (FY 2012). Demand from October 2011-January 2012 inventory estimates visa number used until Q1, cases still waiting for visa numbers and new EB3 to EB2 porting cases. Remaining demand after PD July 2007 is covered in "Predictions for EB2-India & China FY 2012".

Just based on inventory it seems that only 7,795 visa numbers were used in Q1-FY 2012. Total PWMB numbers are also very less compared to what we initially thought. PWMBs includes all PDs from May 2006- July 2007 (June VB-November VB) that are still pending since October 2011 inventory. Visa use for such cases will come from this year's quota. These 14,430 demand will be limiting factor for current year cut-off date on retrogression. Retrogression will be estimated is next article.

EB3- India - Inventory for EB3-India compared to last fiscal year reduced by 4884 (2803 annual limit + 2081 estimated porting and/or case abandonment upto January 2003). Minimum movement around 08 November 2002 is expected. Movement can be little more if more folks from November-December 2002 will port for this year.

EB4- demand - Last year, EB4 demand was high or at par, and hence no spillover was received from this category. For this year also we may assume that no spillover will be received.

EB5- demand - EB5 demand is similar level as last year and may yield around 3000-4000 unused visa numbers if similar demand is seen in FY 2012.


Monday, January 23, 2012

EB Category FY 2012 Demand Upto January 2012 & Visa-Use Budget

Posted On Monday, January 23, 2012 by Rav 22 comments

 As per recently released USCIS Dashboard data on I-485 Receipts, here is the estimation of demand for each category for the month of Novemberr 2011. Please see this article to understand how to read this table. Based on past experience, usually 2x or 3x representation of EB2-IC on trackitt is fair estimation.



Visa Use Budget and Current EB category demand

From  the available data, please see total EB category demand for visas upto January 2012 Visa Bulletin. We used the available data also to estimate Visa-use Budget upto January 2012.

 Reference
Rollover Demand - See this article 
October Demand - See this article

Please note that December and January Demand is calculated from trackitt using factor of 13. This is still an estimation. January 2012 demand is prorated from current data based on 31 days.

Visa use is calculated based on numbers that are used upto today. Please add all the numbers that are circled in red to estimate current visa use.

 Visa use upto January 2012 =  6461 + 8000 + 4805 + 8012 + 1131 + 13468 = 41,877

Please note EB1 use looks high for this quarter only because of high rollover from previous year. If current trend continues then we can expect some more spillover from EB1. This may be the reason that Mr O. is quoting less demand for EB1. We would need to see if trackitt trend will shift due to more new EB1 filings as  year progresses.. EB2-ROW demand does not make sense based on trackitt data. We will like to see more PERM data for Q1 FY 2012 to make this conclusion. Please note that we need more 60K demand from today to use EB annual quota completely. This is based on assumption that EB4 and EB5 may not yield much spillover. Low EB2-ROW consumption could be accounted  to the delays in PERM processing. This may pick up with time.

If any of the trends for EB1 and EB2-ROW is true and will continue like this for few more months, retrogression is not possible until summer. Even if retrogression will happen in such case, I doubt it will go anywhere in late 2008 or may even stall at PD 2009. This looks too good to be true but for now this scenario cannot be discarded. Surprising data that unfolded due to trackitt trend is an eye-opener. Lets watch inventory and I-485 filing receipts for few more months. So far things looks good for EB2-IC (that means less retrogression).



Thursday, December 22, 2011

I-485 Primary & Secondary Evidence - Country Specific for USCIS Adjudicators

Posted On Thursday, December 22, 2011 by Rav 14 comments

 Commonly asked question is what to do when primary evidence of birth, marriage, divorce etc is not available. Here is the country specific I-485 Required documents for (AOS) or (CP). Immigration officers or Adjudicators are asked to refer to the list below before making any decision on RFE or NOID in case primary evidence is not submitted or established. Please select your country from the drop-down list to see specific secondary evidence and documents.

Burden of Proof and Standard of Proof

The burden is on the petitioner to establish that he or she is eligible for the benefit sought. This means that if an alien seeking a benefit has not shown eligibility, the application should be denied. The government is not called upon to make any showing of ineligibility until the alien has first shown that he is eligible. You may contrast this in your mind with a criminal case or with a removal hearing in which the government must first prove its case.

Evidential Standards
 
Because the strict rules of evidence used in judicial proceedings do not apply in administrative proceedings, a wide range of oral or documentary evidence may be used in a visa petition proceeding or other immigration benefit application proceeding. A copy of a public record (birth certificate, marriage or divorce certificates, adoption decrees, and similar documents) is admissible if the person having custody over the original records has certified the copy. For example, a copy of a divorce decree is admissible if the clerk of the court has certified the copy. A regulation, provides that a certified copy of a foreign public record (other than a Canadian record) should also be authenticated by a U.S. Foreign Service officer or, if the country is a party to the Hague Convention on abolition of legalization requirements for foreign public records, by a higher-level official of the foreign country.


Best Evidence Rule

In adjudicating a petition or application for a benefit, immigration officer will often deal with evidence and facts which are of a documentary nature, such as marriage dates, dates of birth, death, divorce, criminal records, school records, etc. This often brings into play what is known as the "best evidence rule.” While the best evidence rule is not strictly applicable in an administrative proceeding, IOs should adhere to it as closely as they can. The rule states that where the contents of a document are at issue in a case, the document itself must be introduced rather than secondary evidence as to its content. 


Primary and Secondary Evidence

Closely related to the best evidence rule is the concept of primary and secondary evidence. Primary evidence is evidence which on its face proves a fact. For example, the divorce certificate is primary evidence of a divorce. Secondary evidence is evidence which makes it more likely that the fact sought to be proven by the primary evidence is true, but cannot do so on its own face, without any external reference. In the above example, church records showing that an individual was divorced at a certain time would be secondary evidence of the divorce. 
Adjudicators will often encounter situations in which primary evidence is unavailable. This gives rise to a presumption of ineligibility , which is the applicant or petitioner’s burden to overcome.  A petitioner or applicant cannot simply assert that the primary evidence does not exist. The absence of a primary record, instead, must be proven either:

  • By a written statement from the appropriate issuing authority attesting to the fact that no record exists or can be located, or that the record sought was part of some segment of records which were lost or destroyed; or 
  • By evidence (such as an affidavit) "that repeated good faith attempts were made to obtain the required document or record."

To check country-specific information on availability of various foreign documents see below drop-down menu that is used by Immigration Officers. If this Appendix shows that a particular record is generally not available in a particular country, USCIS may accept secondary evidence without requiring the written statement from the issuing authority.


COUNTRY SPECIFIC REQUIRED DOCUMENTS



General List of Commonly Required Documents

Birth Certificates

You (and any family members immigrating with you to the United States) must obtain an original birth certificate issued by the official custodian of birth records in your country of birth, showing your date of birth, place of birth, and parentage.

The certificate must contain the:
  • Your date of birth
  • Your place of birth
  • Names of both parents
  • Indication by the appropriate authority that it is an extract from the official records
Unobtainable birth certificates

If your birth record is not obtainable for any reason, a certified statement must be obtained from the appropriate government authority explaining why your birth record is unavailable. You must also submit secondary evidence such as:
  • A baptismal certificate that contains the date and place of birth, as well as both parents names (providing the baptism took place shortly after birth)
  • An adoption decree for an adopted child
  • An affidavit from a close relative, preferably your mother, stating the date and place of birth, both parents names, and your mother’s maiden name.
Note: An affidavit executed before an official authorized to take oaths or affirmations must also be provided.


 SAMPLE AFFIDAVIT


AFFIDAVIT BY  Mr. xxxxxx (FATHER NAME) & Mrs.xxxxxxx (MOTHER NAME)

Re: [YOUR FULL NAME]

I, Mr. [FATHER FULL NAME] & Mrs. [MOTHER FULL NAME], here by depose and say:
1.    Our  full and complete address is xxxxxxxxxxx
2.      That I, FATHER'S FULL NAME Age XXX, was born on MM/DD/YYY in the town/city of xxxxxxxx
3. That I, MOTHER'S FULL NAME Age XXX, was born on MM/DD?/YYY in the town/city of xxxxxxxx
4.     We got married on MM/DDYYY in the city of XXXXXX, COUNTRY.
5.     We, FATHER'S & MOTHER'S FULL NAME are parents of the following children:
a. YOUR FULL NAME born on MM/DD/YY; and
b. YOUR SIBLINGS NAME born on MM/DD/YYYY
6. [YOUR FULL NAME] was born in CITY, STATE, COUNTRY
7.      This affidavit is being submitted because official full name of [YOUR FULL NAME] was not [mentioned] OR [registered] OR [OTHER REASON] in the birth certificate at the time of birth. [His/Her] Full Name is [YOUR FULL NAME] /OR/ [YOUR FULL NAME] birth was not registered because [reason].

I declare under penalty of perjury, that the foregoing is a true and correct statement.

_________________________
FATHER NAME and signature 



_________________________
MOTHER NAME and signature 

 
More specific information for each country can be seen after selecting your country above.


Marriage Certificates

Who needs to submit marriage certificates?
If you are married, you must obtain an original marriage certificate, or a certified copy, bearing the appropriate seal or stamp of the issuing authority.

Note: Marriage certificates from certain countries are unavailable. More specific information for each country can be seen after selecting your country above.


Court and Prison Records

If you were convicted of a crime, you must obtain a certified copy of each court record and prison record, regardless of the fact that you may have subsequently been granted amnesty, a pardon or other act of clemency.
Court records should include:
  • Complete information about the circumstances of the crime
  • The disposition of the case, including sentence, fines or other penalties imposed


Marriage Termination Documentation

Who needs to submit marriage termination documentation?
If you were previously married, you must obtain evidence of the termination of EACH prior marriage. Evidence must be in the form of original documents issued by an official authority, or certified copies bearing the appropriate seal or stamp of the issuing authority, such as:
  • FINAL divorce decree
  • Death certificate
  • Annulment papers

Deportation Documentation

Who needs to submit deportation documents?
If you have been previously deported or removed from the United States at government expense, you must obtain Form I-212, Permission to Reapply After Deportation, from the U.S. Citizenship and Immigration Service, or from a U.S. Embassy or Consulate, and follow the instructions on that form.

 Military Records

Who needs to submit military records?
If you served in the military forces of any country, you must obtain a copy of your military record.
Note: Military records from certain countries are unavailable.
More specific information for each country can be seen after selecting your country above.
 

Petitioner Documents

Who needs to submit petitioner documents?
If you are applying for an IR5 (Parent of a U.S. Citizen) visa, you are required to provide:
  1. Original or certified copy of your Petitioner’s birth certificate
  2. Original or certified copy of your Petitioner’s marriage certificate from the Petitioner’s current and all previous marriages.
If you are applying for a F4 (Brother or Sister of a U.S. Citizen) visa you are required to provide:
  1. Original or certified copy of your Petitioners birth certificate.
  2.  

Photocopy of Valid Passport Biographic Data Page

Who needs to submit a photocopy of their passport?
The applicant and each family member accompanying the applicant must submit a photocopy of the biographic data page from their respective valid passport.
More specific information for each country can be seen after selecting your country above.

Photographs

You must submit two identical color photographs. Review Photograph Requirements for size specifications and more information.


Wednesday, December 21, 2011

October 2011 EB Demand from I-485 Receipt Data

Posted On Wednesday, December 21, 2011 by Rav 16 comments

As per recently released USCIS Dashboard data on I-485 Receipts, here is the estimation of demand for each category for the month of October 2011. Please see this article to understand how to read this table. Based on past experience, usually 2x or 3x representation of EB2-IC on trackitt is fair estimation.


EB2-IC rough demand estimation that can be accounted until October 2011 is

Worst case = 8000* + 4807 (PWMB) before 15 April 2007 [see previous article] + 2679 (PWMB) from 15 April 07 - 15 July 2007 = 15,486

Best case = 8000* + 3485 (PWMB) before 15 April 2007 + 2200 (PWMB) from 15 April 07 - 15 July 2007 = 13,685

*- Used in approving EB2-IC backlog, after movements for October - November 2011 VB


Monday, November 28, 2011

January 2012 Visa Bulletin Predictions - EB Category

Posted On Monday, November 28, 2011 by Rav 98 comments

January 2012 Visa Bulletin will be the first bulletin for Q2 - FY 2012.  Here is the prediction for January 2012 Visa Bulletin. We should see following movements in each category as long as USCIS/DOS would use visa numbers for each category as per statutory allocations.


January 2012 Visa Bulletin Predictions
  • EB3- China could advance to 22 September 2004
  • EB3 – ROW, EB3-Philippines, and EB3-Mexico could advance to 08 February 2006.
  • EB2 will be current for ROW, Mexico and Philippines.
  • EB3-India could advance to 08 August 2002.
  • EB2-India and EB2-China could see No movement - 3.5 months movement.  It is not possible to estimate movement for EB2-IC based on available demand and calculations. Based on calculations, EB2-IC should stop over here; present demand would provide enough cases that can be allocated visas through EB2-IC annual limits and estimated spillover as per current trend. January 2012 movement will be solely based on DOS/USCIS’ policy to intake enough buffer demand for FY 2012. At this time, our gut feeling is that movement can be as big as 1-3.5 months in January 2012 visa bulletin before we may see retrogression. In successive bulletins (Feb-Mar 2012) dates may stall or even retrogress (exception is H.R. 3012). We will be more confident on Jan VB after release of this month’s demand data.
NotePredictions are based on educated guess and is not guaranteed. Please take it with a grain of salt.