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< Back to current issue of Immigration Daily

Bloggings On Immigration Law And Policy

by Greg Siskind

April 2012 State Department Visa Bulletin Run Down

Sorry for the delay in posting this and thanks to Michael Portillo at our office for putting this together.

April Visa Bulletin Summary:

Family 1st - World numbers, China and India jumped 14 months to 01 April 05; 1 week advance for Mexico to 08 May 93; Philippines stalled at 22 June 97.

Family 2A World numbers, China, India, and the Philippines jumped eleven weeks to 08 October 09; Mexico advanced 2 months to 01 September 09.

Family 2B - World numbers, China, and India jumped two months to 15 January 04; Mexico remains stalled at 01 December 92; Philippines stalled at 08 December 01.

Family 3rd World numbers, China, and India moved forward six weeks to 15 February 02; one week advance for Mexico to 15 January 93; Philippines remain stalled at 22 July 92.

Family 4th World numbers, China, and India jumped one month to 08 November 00; Mexico advanced a week and a half to 01 June 96; Philippines advanced two and a half weeks to 08 January 89.

Employment 1st still current in all categories.

Employment 2nd World numbers, Mexico, and Philippines still current, China and India stalled at 01 May 10.

Employment 3rd World numbers, Mexico, and Philippines advanced three weeks to 08 April 06; China jumped two months to 01 March 05; India moved a week and a half to 01 September 02.

Employment 3rd Other Workers World numbers, Mexico, and Philippines advanced three weeks to 08 April 06; China remains stalled at 22 April 03; one and a half week advance for India to 01 September 02.

Employment 4th still current in all categories.

Employment 5th still current in all categories.

State Department Denying Citizenship to Babies Conceived Through Egg Donations

This is a pretty interesting story I wasn't aware of before reading this story in USA Today, but apparently it's becoming more of a problem. The piece focuses on a Chicago-born mother living in Israel who was denied passports for her twins. Strangely, if her children were adopted, there would be no problem.

The incident points out what critics say is a glaring inequity in U.S. citizenship regulations. A child adopted overseas by a U.S. citizen is eligible to become an American, and a baby born in the USA is American even if the parents are not.

But a child born to a U.S. citizen overseas through the increasingly common practice of in vitro fertilization with embryos from donor eggs and sperm is not American, unless an American is one of the donors. And that can be hard to prove since clinics may not reveal such things about their donors due to confidentiality agreements, immigration law experts say.

"The problem is that the law hasn't kept up with the advances in reproductive technology," said Melissa Brisman, a lawyer in New Jersey who specializes in fertility issues.

The U.S. State Department says a child born outside the USA to an American cannot receive citizenship until a biological link with at least one parent is established. That link does not exist if an infertile woman uses donor eggs at a clinic to conceive.

This is a problem that should be resolved without having to pass new legislation if the State Department exercises some common sense. Even the Federation for American Immigration Reform, the anti-immigration organization, is quoted in the story saying DOS needs to take another look at this.


About The Author

Greg Siskind is a partner in Siskind Susser's Memphis, Tennessee, office. After graduating magna cum laude from Vanderbilt University, he received his Juris Doctorate from the University of Chicago. Mr. Siskind is a member of AILA, a board member of the Hebrew Immigrant Aid Society, and a member of the ABA, where he serves on the LPM Publishing Board as Marketing Vice Chairman. He is the author of several books, including the J Visa Guidebook and The Lawyer's Guide to Marketing on the Internet. Mr. Siskind practices all areas of immigration law, specializing in immigration matters of the health care and technology industries. He can be reached by email at gsiskind@visalaw.com.


The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.


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