Questions and Answers on Labor Immigration Schedules and Deportation Orders

Labor Immigration Schedules and Deportation Orders Q&A 1. The Labor Immigration Schedule suddenly advanced a lot, will it be faster in the next few months? The U.S. Department of State announced 201…

Labor Immigration Schedule and Deportation Orders Q&A 1. The Labor Immigration Schedule suddenly advanced a lot, will it be faster in the next few months? The U.S. State Department announced the immigration schedule for July 2011. In terms of employment-based immigration, the schedule for second-priority mainland Chinese applicants has been advanced by more than four months, to March 8, 2007. At the same time, the schedule for second-priority Indian applicants has been advanced by nearly four months, reaching March 8, 2007. The schedule for the third priority (bachelor's degree) category for Chinese applicants has been slightly increased by more than one month, to July 1, 2004. The reason is that the remaining first-priority quotas and the unused second-priority quotas from other countries this year will be allocated to Chinese and Indian applicants, and Indian applicants have a longer waiting list than Chinese applicants. Therefore, Indian applicants have obtained more quotas than Chinese applicants in the first two months, and their scheduling has already caught up with Chinese applicants in June. Due to the substantial advancement of the immigration waiting list, a large number of applicants will begin to submit I-485 applications, which may cause the immigration waiting list to slow down or even stop before the end of this fiscal year (counting from October 1). Therefore, we remind applicants to seize the opportunity to submit I-485 applications in a timely manner while there are now quotas. 2. Question: I obtained a green card through labor immigration in 2009, but I have a deportation order. I don’t know how to apply for cancellation. My husband became a U.S. citizen in October 2010. Should I remove the deportation order before applying for citizenship? A general application to cancel a deportation order is usually made when the person concerned is required to appear in the Immigration Court to respond to the Immigration Service's petition for deportation. If the person concerned does not respond or apply to cancel the deportation order, then the green card holder will of course give up his or her green card automatically. Because after the person is deported, it will be difficult to re-enter the United States unless he obtains an exemption. Generally, the Immigration Bureau will file a deportation order with the Immigration Court under the following circumstances. (a) The party concerned committed deception or fraud to obtain a visa or green card. (b) The person concerned is involved in drug trafficking. (c) Major criminal cases, such as homicide, weapons smuggling, money laundering or any armed crime, are basically imprisonment for more than five years. A party generally applying to cancel a deportation order. (a) At least, a green card must be held for five years. (b) Have resided continuously in the United States for at least seven years before being notified to appear in an immigration court. (c) There is no criminal liability that aggravates the punishment. (d) No exemption has been applied for. 3. My house was repossessed by a bank, but another bank continued to pursue me. At that time, I applied for a home equity line of credit to borrow $80,000 to open a restaurant, but I heard that Arizona has Anti-Deficiency laws and the bank cannot sue me for the insufficient amount. Is this true? Because your $80,000 was not spent on your home, such as renovations, it is not protected by this law.