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US Immigration News
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IMMIGRATION UPDATES / 1 FEB 2007 |
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By VANESSA S. BARCELONA |
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Nurses on Hold -- Retrogression and What it can Mean to You
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Hello,
everyone. And hello, 2007! It has been a bit of time since I've
written on a regular basis for Basta Pinoy. I have
missed doing it and ask for your help in keeping the articles
coming. Feel free to e-mail me with your questions. I will
answer all of them and will use them as a gauge to determine the
relevance of some topics and applicability to a wider audience.
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Every month I will answer a question in a format similar to the one
below. So feel free to send me your queries without worrying that
your name and personal facts will be published for all to see. Rest
assured you will have complete privacy.
For some people, it is important to have one-on-one time with me, or
any attorney for that matter, and if you choose to discuss your case
in that manner, then calling for a consultation would be the way to
go. Otherwise, feel free to send me an e-mail! E-mail responses are
free and I will be more than happy to respond. After all, we are all
Filipinos and as an immigrant to this country myself (my family
moved here when I was 15) I am very much aware of all the trials and
hardships that immigrants can and do go through in this, the Land of
Opportunity. Everyone has a story. I have one too, and maybe someday
if I am ever short of material I will tell you mine.
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In the meantime, keep the questions coming! The one below is actually
a result of many, many questions of the same or similar nature that
we have received in the last month.
Q: I entered as an immigrant on the basis of a petition
filed by a hospital. I am a Registered Nurse. My family did not come
with me but we had hoped that they would be able to join me when I
was ready and more settled. Now I am being told that my family
cannot be interviewed for quite some time. Help me to understand
what the problem is!
A: Unfortunately, beginning in November of 2006
when visa numbers ceased to be available for the Schedule A
category, nurse petitions are not being processed the way they used
to be. When visa numbers were available, we filed the I-140 petition
on behalf of the nurse, the case was approved, and immediately
thereafter we were able to process the nurse's visa application for
entry into the United States shortly after a visa interview. Now
that the numbers have retrogressed by 2 years, unless there are any
changes to visa availability as a result of some form of nursing
relief measure from the government, the only thing that we can do at
this time is file the I-140 petition, wait for the approval, and
then wait until the visa numbers are available before we can go
forward with the visa application process.
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Many people got caught in the middle of all of this. In
fact, one of the following things could happen as a result of the
retrogression:
1. For those who had cases in the pipeline with the embassies
abroad, if your visa was not issued even after you were already
interviewed because of missing documents, you cannot expect your
visa to be issued now until your priority date is current once
again. |
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(The priority date is the date your I-140 petition was received.
That date appears on your I-140 receipt or approval notice.)
2. For those who were issued visas but had a spouse and/or minor
child(ren) who stayed behind and are now awaiting interviews, please
do not expect them to be interviewed, much less issued immigrant
visas, until your priority date is once again current. At this time,
embassies are issuing visas to those whose I-140 petitions were
filed on or before January 15, 2004. The dates will change from
month to month. Check the visa availability by going to the State
Department website on www.travel.state.gov and go to the visa
bulletin link.
3. For those who are in the United States and currently have an
adjustment of status pending, you will not be approved until your
priority date is current. This means that your adjustment of status
application can take years to be approved, and in the meantime, you
will have to keep renewing your employment authorization documents
so that you can work lawfully in the United States. If you have
family abroad, you cannot pursue their entries as your dependents
until your adjustment of status is approved.
4. For those in the United States under a non-immigrant visa
category, if you did not file your adjustment application before the
retrogression came into effect, you will not be able to file for
adjustment, and will be ineligible for work authorization, until
such time as your adjustment is filed. The best that can be filed on
your behalf at this time is the I-140 petition. This means that you
will have to find another visa category to have until you are able
to file for adjustment, and if you are ineligible to apply for any,
you should seriously consider departing and getting processed from
abroad when your priority date is current.
If this discussion applies to you and your family, do not despair.
The retrogression is a temporary situation. The shortage is still
there, and is still crucial enough to warrant a lot of attention,
not just from the government but from the many, many hospitals and
facilities that are negatively affected as well. So expect some form
of relief, sooner or later. Hopefully sooner. In the meantime, keep
your family informed. Just like a lot of things in life, the more
you understand why something is the way it is and why you cannot
change it, the more bearable it can be. Of course, you may be
surprised to find that there are ways around it, depending on your
own facts and situation. So write me, call me, tell me what's on
your mind. And maybe I can help.
Salamat po.
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VANESSA S. BARCELONA is a partner in the law offices
of Barcelona & Pilarski, P.A. She is a licensed attorney
practicing primarily in the area of U.S. immigration law. She
is a graduate of the University of Florida, where she obtained
her J.D. and B.A. degrees. She is a member of the Florida Bar
Assn., The American Bar Assn., and the American Immigration
Lawyers Assn. She may be contacted at
Tel (239) 590-9864 and e-mail: vsbarcelona @ earthlink.net
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