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IMMIGRATION OCTOBER 06, 2023 | The Indian Eye 37

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er meant that visas were actually avail- one visa can also be left intact rather beneficiaries of family-based I-130 peti- disappointed and outraged after the re-
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able to be issued to applicants as soon than used by a noncitizen beneficiary. tions. lease of the October 2023 Visa Bulletin.
as they filed. Rather, it has always been So long as there is one visa kept The point that I have tried to make Noted immigration attorney Greg Sis-
based on a notion of visa availability at available, it would provide the legal ba- about the Administration’s elastic inter- kind posted this on X (formerly Twitter):
some point of time in the future. sis for an I-485 filing under the Dates pretation of “immediately available” un- If Congress won’t do its job, the
Anderson: Why do you suggest For Filing, and this would be consistent der INA 245(a)(3) is underscored by the Administration certainly has options.
that the Dates for Filing be advanced to with INA section 245(a)(3). This is re- dates in the Family Second 2A Second Allowing everyone to file to adjust (the
I-485, the Dates for Filing are based on EB-3 skilled worker, otherwise it would Filing for the F2A in the Worldwide is legally do it have a status quo bias.tTV Download ZingoTV App
From Smar
“current”?
flected in the August 2023 Visa Bulletin Preference in the October 2023 Visa @cyrusmehta theory) or get EADs and
Mehta: Although INA section as the first visa in the India EB-3 has a Bulletin. The Final Action Dates for be free agents and not counting deriva-
245(a)(3) requires that an immigrant priority date of January 1, 2009. Hence, the F2A in the Worldwide is February 8, tives all have strong legal support. Those
visa be immediately available to file an there is one available visa in the India 2019. On the other hand, the Dates for protesting and saying that USCIS can’t
an elastic view of visa availability and have stated “Unavailable.” The Dates September 1, 2023. If the term “imme- I agree. There is no need for this
are generally ahead of the Final Action for Filing could potentially advance and diately available” was strictly construed, Administration which is otherwise pro
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Dates by a few to several months. Ac- become current based on this available there would not be a 4+ year difference immigrant to stonewall good ideas. It is
cording to U.S. Citizenship and Immi- visa with a January 1, 2009 priority date between the two dates but yet applicants hoped that some courageous folks with-
gration Services: “If USCIS determines in the India EB-3, thus allowing hun- under both the Final Action Dates and in the Administration shatter the status
there are more immigrant visas available dreds of thousands of beneficiaries of Dates for Filing are able to file I-485 ap- quo and radically advance the Dates for
for a fiscal year than there are known I-140 petitions to file I-485 applications. plications under INA 245(a)(3). Filing in the next visa bulletin.
applicants for such visas, we will state on This same logic can be extended to Many were understandably both
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this page that you may use the Dates for _________________________________________________________________________________________________________
Filing chart.” While it is salutary that the
Dates for Filing are ahead of the Final Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
Action Dates by a few months based on Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
an estimate of visa availability, there is mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
no reason why the Dates for Filing can- Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member of
not be set even more ahead of the Final Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board
Action Dates. of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality Law of the
Taking this to its logical extreme,
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visa availability for establishing the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including on ethics, and
Dates for Filing may be based on just one is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta
visa being saved in the backlogged pref- received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011
erence category in the year, such as the Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the immigration field. He has
India EB-3, like the proverbial Thanks- also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded
giving turkey. Just like one turkey every lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and
Thanksgiving Day is pardoned by the Chambers Global 2019 in immigration law, among other rankings.
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