Monthly Archive for February, 2010

Decline in Unauthorized Immigrants from China

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According to a new study by U.S. Citizenship and Immigration Services, the number of unauthorized residents from China living in the U.S. has decreased from 2000 to 2009, at the same time that the overall population of unauthorized residents has increased.

Some 62 percent of unauthorized residents are from Mexico. Between 2000 and 2009, the total population of unauthorized residents grew by 27 percent.

At the same time, the unauthorized population from China was 190,000 in 2000, grew to 230,000 in 2005, grew again to 290,000 in 2007, and then fell precipitously to 120,000 in 2009.

The term “unauthorized resident” refers to persons living in the U.S. illegally. Most either entered the U.S. without inspection or were admitted temporarily and stayed past the date they were required to leave.

The precipitous fall in Chinese unauthorized residents is particularly curious given that the number of Chinese traveling to the U.S. on nonimmigrant visas actually increased from 2007 to 2009.

The USCIS report doesn’t attempt to explain the precipitous drop of Chinese unauthorized residents.   It seems likely that one factor is that this population was hit hard by the economic crisis in the U.S. and was drawn back to the relatively stable economy in China. Other possible factors could include: (a) better screening of nonimmigrant visa applicants by the U.S. Consulates in China to deny visas to intending immigrants; (b) a greater number of arrests and deportations of Chinese by the U.S. Department of Homeland Security;  and/or (c) more open doors for Chinese immigrants in other countries. This is just speculation, and it would be interesting to see further research on this.

See Michael Hoefer, et al, Estimates of the Unauthorized Immigrant Population Residing int the United States: January 2009 (USCIS Office of Immigration Statistics Jan. 2010), http://www.dhs.gov/xlibrary/assets/statistics/publications/ois_ill_pe_2009.pdf.

U.S. Consulates in China Continue Roll-Out of Form DS-160, Nonimmigrant Visa Application

I was proud to learn today that the very first Form DS-160, Nonimmigrant Visa Application, to be received by the U.S. Consulate in Chengdu was prepared by our law firm. Our client’s visa was approved.

I previously reported that the U.S. State Department has announced that by March 2010 all nonimmigrant visa applicants in China will need to use the new Form DS-160. This form combines and replaces previous Forms DS-156, 157, and 158.

Here’s an update on implementation of the new Form DS-160 by U.S. Consulates in China:

* Beijing: Effective Jan. 20 applicants through the American Chamber of Commerce (AmCham) corporate visa program are required to use DS-160. At our firm’s request, the Embassy has made this optional for applicants who experience technical difficulties filling the DS-160. Effective Mar. 1, all applicants must use DS-160–its use is optional beforehand. See http://beijing.usembassy-china.org.cn/ds160onlineapplication.html.

* Chengdu: Effective Feb. 4 applicants through the AmCham corporate visa program must use the DS-160. Effective Mar. 1 all applicants must use it–its use is optional beforehand. See http://chengdu.usembassy-china.org.cn/ds-160_new.html.

* Guangzhou: Effective Mar. 1 all applicants must use DS-160. http://guangzhou.usembassy-china.org.cn/visa-application-form2.html.

* Shanghai: Effective Jan. 11 applicants through the AmCham corporate visa program were required to use the DS-160.  After advocacy by our firm and others, the Embassy has made this optional for applicants who experience technical difficulties filling the DS-160. Effective Mar. 1, all applicants must use DS-160–its use is optional beforehand. See http://shanghai.usembassy-china.org.cn/non-immigrant_visas/new-online-application.html.

* Shenyang: No announcement from the Consulate yet. See http://shenyang.usembassy-china.org.cn/160.html.

Also see my report on how filling the Form DS-160 can be an exercise in frustration.