February 2012

Crossing Borders for Love


As our world becomes more and more intertwined, the romantic metaphor of crossing the seven seas for your beloved becomes ever more a reality. Cross-cultural marriages are now part of the norm.  But which is better? Filing as a fiance or spouse? Let us explore both options.

When Love is Abroad

When a U.S. citizen marries abroad, he or she can return home to the U.S. and file a marriage petition from here. Once the United States Citizenship and Immigration Services (USCIS) confirms that the marriage is bona fide (not just to confer a green card on someone), the agency will approve the petition and then eventually forward it to the U.S. consulate or Embassy in your spouse's home country, where an interview will be set for the issuance of a visa.


Self-Deportation: What it Really Means!


Recently, Governor Mitt Romney, stated in a Republican debate that "self-deportation" is the answer to dealing with the illegal immigrants currently in the United States. This statement was met with controversy by some of his rivals.

In the context of immigration law, the term, "self-deportation" is not a codified term in a statute. It is an informal term referring to the execution of a deportation order, when the person ordered deported voluntarily leaves the country.

However, regardless of the definition of "self-deportation," one real problem preventing illegal immigrants from leaving is that of the 10 year bar. That is right: the legal provision that took effect in 1997, which bars from re-entry those remain in the U.S. unlawfully for one year and then DEPART THE UNITED STATES. Naturally, this policy has the effect of discouraging illegal immigrants from departing the U.S. and applying legally.

Congress needs to rescind this provision, and such would in itself go a long way in resolving the immigration dilemma, particularly the one of "self-deportation."


In This Issue


Newsletter Issues


Additional Countries Become Eligible for Agricultural and Temporary Work Visas

(Below Article reported from the USCIS)

USCIS Announces 58 Countries Whose Nationals are Eligible for H-2A and H-2B Participation

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced that the Department of Homeland Security (DHS), in consultation with the Department of State, has identified 58 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year. The notice listing eligible countries will publish in tomorrow's Federal Register. Each country's designation is valid for one year from the date of publication.

The H-2A and H-2B programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs and temporary nonagricultural jobs, respectively. USCIS generally may only approve H-2A and H-2B petitions for nationals of countries the Secretary of Homeland Security has designated as eligible to participate in the programs. USCIS may approve H-2A and H-2B petitions for nationals of countries not on the list if it is determined to be in the interest of the United States.

Effective Jan. 18, 2012, nationals of the following 58 countries are eligible to participate in the H-2A and H-2B programs:  Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Montenegro, Nauru, the Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, Switzerland, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay and Vanuatu.

In addition to the 53 countries currently on the list, the following five countries were designated for the first time this year:  Haiti, Iceland, Montenegro, Spain and Switzerland.

This new list does not immediately affect the status of beneficiaries who are currently in the United States in H-2A or H-2B status, unless they apply to change or extend their status.


Your Visa Bulletin

Visit http://www.travel.state.gov/visa/bulletin/bulletin_5664.html to check the recent priority dates for Immigrant Visa Bulletin.

Be sure to review the most recent month.


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