Let's start a campaingn!!! First step, sample letter. Stay tune, detailed
plan is work in progress..
这是以个人的名义起草的模版,you can use it or add your personal story and
send it to local congressman/woman, senator, other government agencies etc...
另一份正式的Inquiry letter正在起草中，我们随后会以LIA的名义向相关部门正式提
出质询。
[DATE HERE], 2008
[Address here]
Dear xxx —
I am writing this letter to express my deepest concerns regarding the
Department of State’s (DOS) April 2008 Visa Bulletin which places an unfair
preference to a single foreign country, in this case being India. India’s
visa availability in the second employment preference has increased by a
large margin at the expense of China. I believe such an unjust allocation
violates the law, and I respectfully request a re-allotment of these visas,
and a comprehensive explanation from the DOS regarding this matter.
Discrimination is forbidden under the Immigration and Nationality Act (INA)
§ 202(a)(1)(A) which states:
Except as specifically provided in paragraph (2) and in sections 101(1)(
27), 201(b)(2)(A)(i), and 203, no person shall receive any preference or
priority or be discriminated against in the issuance of an immigrant
visa because of the person’s race, sex, nationality, place of birth, or
place of residence.
The DOS’s recent action of allocating almost all unused visa numbers to
India violates the prohibition against discrimination and places immigrants
from China at a huge disadvantage. Specifically, the Priority Date (PD) of
the Indian Employment based Second Preference (EB2) leaped nearly four years
forward at the cost of the Chinese visas in the EB2 category. The EB2’s
for China saw no movement from the March Visa Bulletin.
In section D of the April 2008 Visa Bulletin, it states the following:
Section 202(a)(5) of the Immigration and Nationality Act provides that if
total demand will be insufficient to use all available numbers in a
particular Employment preference category in a calendar quarter, then
the unused numbers may be made available without regard to the annual “
per-country” limit. It has been determined that based on the current
level of demand being received, primarily by Citizenship and Immigration
Services Offices, there would be otherwise unused numbers in the
Employment Second preference category. As a result, numbers have once
again become available to the India Employment Second preference
category. The rate of number use in the Employment Second preference
category will continue to be monitored, and it may be necessary to make
adjustments should the level of demand increase substantially.
In summary, there is no explanation or justification as to why the entire
allotment would be granted to India, without allocation given to China. It
is estimated that around 10,000 to 20,000 visa numbers will be granted to
Indian EB2s starting in April. With this unbalanced allocation, Indian
immigrants are expected to be offered more visa numbers than the 7% country
restriction (9,800 in total), while Chinese visa numbers will stagnate.
Moreover, this practice drastically and unfairly increases the amount of
time before Chinese EB2 applicants can receive visas. The DOS’ recent
actions are unreasonable as it violates the immigration principle of
diversity, and the prohibition against discrimination based on nationality (
INA § 202(a)(1)(A)).
Being an immigrant from China, I decided to apply for permanent residency
because this is the land of opportunity and a place where every person is
created equal. I fully understand the immigration process takes time, and I
have been very patient for my visa to become available. However, the DOS’
recent action betrays my trust in the fairness of the immigration system and
negatively affects my family and me. Even worse, these actions where taken
without any explanation or justification.
I respectfully request a re-allotment of the visa numbers in a more
equitable manner, so that all immigrants will be treated equally no matter
which country they are from. I would also appreciate a comprehensive
explanation from DOS regarding why India was shown preference at the expense
of other countries, specifically China. Thank you for your kind
consideration of my letter, and I hope action can be taken soon.
Sincerely,
xxx