New Immigrant Development | Margaret Wong and Associates, Ohio Immigration Lawyers

Questions and Answers USCIS National Stakeholders Meeting, April 2008. Includes questions about Nationalization (N-400) I-751 procedure, Fees for Motion to Reopen (Asylum, refugee, &) Iraqui and Afgani refugees, how to revive an "old" approved I-730, derivative asylee I-485 fee, etc.

New Guidance on CSPA (Child Status Protection Act) May 2008

Fact Sheet on CSPA (Q&A)
USCIS Press Release on CSPA New Guidance
Internal Memorandum regarding CSPA.

Immigrating the Spouse and Children of Refugees/ Asylees.

Tips for filing petitions and applications to the NBC (National Benefits Center).

Department of State Final Rule on Electronic Non Immigrant Visas

USCIS to Allow F-1 Students Opportunity to Request Change of Status

DHS proposes Biometric Airport and Seaport Exit Procedures. Will receive comments.

DHS March 2008 Annual Report on Legal Permanent Residents 2007 includes statistics.

F-1 randomly selected for H-1B 30 days to adjust status from issuance of Receipt Notice.

House of Representatives passes Religious Workers Visa Extension Act (seeks to eliminate or reduce fraud in this Special Immigrant category

SEVP (Student and Exchange Visitor Program)

ICE announces changes to SEVP, proposes large fee increases,
See also Westlaw comment.

STEM (Science, Technology, Engineering and Math degrees) F-1 students qualify for 17 month OPT extension

USCIS projected processing times for local offices

Centralized Filing of DOL applications, PERMS (Atlanta) and H and other temporary work visas (Chicago).

USCIS provides guidance on U Non Immigrant Petitions.

USCIS reaches FY 2009 H-1B CAP

17 month extension of OPT - Optional Practical Training for Foreign Students

Information on Revised Form I-601 (Waiver of Grounds of Inadmissibility).

Information on revised instructions for I-129F (Petition for Alien Fiance).

Visa Waivers

Program agreement signed with Lithuania, Hungary and Slovakia.
DHS signs visa waiver agreement w S. Korea

Biometrics / Background check

USCIS and FBI Joint PLan to Eliminate Backlog of FBI Name Checks. May 2008 they will start processing name checks pending for more than three years.
Biometrics consolidated when I-765 and I-485 filed simultaneously (Employment based I-485).
Biometrics required for reentry permits and Refugee Travel Documents.
Memo Feb 4 2008: FBI background checks no more 180 days (I-485, TPS, I-601 Waiver of Grounds of Inadmisibility)

I-130 stand-alone filings (Feb. 2008)

TPS Somalia : 18 month extension (March 2008)

Federal Case Summaries (March 10, 2008)

Adjustement of Status.
Asylum.
Moral turpitude.
In Absentia order.
Revocation of Advance Parole.

Intercountry Adoptions

Department of State issues list of top 20 countries of "orphan issuing countries" for adoptees issuing visas in 2007.
New forms for Intercountry adoptions.
Use of escorts for intercountry adoptions from Liberia.

EAD (I-765) rejected if filed before 120 days prior to expiration.

USCIS: Naturalization through military service.

DHS begins collecting Fingerprints from international visitors at Boston Logan International Airport, some other airports scheduled to start soon.

CBP: What a traveler should expect if chosen for inspection upon arrival to USA.

USCIS Ombudsman Q&A regarding new naturalization test for applicants of a certain age.

USCIS Ombudsman Q&A regarding N648 Medical Waivers.

How to record departure if I-94 or I-94W was not requested

ICE to resume deportations to Vietnam.

USCIS Ombudsman: Upcoming teleconferences 01/31/08 and 02/18/08.

Notice of US deposit of Instrument of Ratification of Hague Convention on Intercountry Adoption. See also Intercountry Adoptions: Guatemala new filings for intercountry adoptions may not be processed or approved until Guatemala changes infrastructure according to the Convention.

State Department publishes final Passport Card Rule.

New identification requirements for US Citizens, Canadians at port of entry, effective January 31, 2008. See also:

Oral declarations of citizenship no longer sufficient to cross the border.
DHS: Customs and Border Protection notice at Port of Entry.
DHS issues a reminder about document requirements at port of entry.
CBP reminds of new procedures at port of entry starting January 31, 2008: Americans need to prove identity.
DHS informs of documents to be presented by US citizens, Canadians and children at port of entry.

USCIS reminds employers to use New Form I-9.

From AILA: regarding Labor Certification Expiration

DHS: Notice for Illinois Employers about E-Verifiy. See also Westlaw article regarding same notice to Illinois Employers.

USCIS extends suspension of Premium Processing for R-1 (Non-Immigrant Religious Worker)

USCIS publishes interim rule regarding U visas.

DOS publishes final passport rule

DHS begins collecting 10 fingerprints from international visitors at Washington Dulles International Airport. See http://www.dhs.gov/xnews/releases/pr_1197300742984.shtm.

According to a 4/19/04 Memo from Jayson Ahern of USCIS, Chilean and Singapore H-1B1 professionals may be admitted initally for a maximum of 1 year and may extend for one 1 increments indefinitely, as long as they continue to demonstrate that they do not intend to remain permanently. There is no "dual intent" provision.

US student visas reach record numbers in 2007

Sec. Chertoff advises in FBI name check clearance process

DHS will terminate TPS for Burundi

FBI Delays To End -- Immigration Daily has learned that the FBI name check delays that
have stalled benefit applications may soon be a thing of the
past. We understand that the Executive branch will soon provide
name check clearances within a prescribed amount of time. If the
clearance is not completed within the designated timeframe, the
benefit will be approved by USCIS while the FBI continues to work
on the security process in parallel. The rationale to move to
this new process is not just better customer service for benefits
applicants but also because it will enhance national security
(our security demands that the bad guys be apprehended, not
merely be denied immigration benefits). The background for this
change of heart by the Executive branch is the fact that many
federal courts have been coming down hard on excessive name check
delays by the FBI. In fact, not only have some courts ordered
expedited name check completions but in some cases courts have
suggested that the courts have and would use their authority to
adjudicate petitions if the Executive branch could not get its
act together. The attorneys and litigants who have sought federal
court relief over these last several years deserve credit for
forcing the Executive branch to adopt a more effective policy in
this area (when it does happen, hopefully very soon). Stay tuned.

USCIS removes requirement that certain H an L nonimmigrant present I-797 receipt notice to preserve adjustment of status when reentering US

Sneak Preview: New Natz. Test
USCIS will begin administering a new natz. test in Oct. 2008, but rolled it out today to give everyone a look. Three key documents have been posted to BIB Daily Edition. http://www.uscis.gov/files/nativedocuments/100q.pdf

Testing a new citizenship test-Click here to read 144 sample questions for the new pilot test

USCIS is rolling out a new citizenship test that raises the bar for US citizenship. You can see the new questions at their website, but in the meantime, here's what Novoye Russkoye Slovo, a Russian newspaper in New York, has to say about it (translation courtesy of the Independent Press Association of New York);

It will not be required until 2008, when testing will be complete in the 10 cities. However, immigration policy currently resembles a swing being pushed back and forth between legislators of both parties, and it’s hard to say whether the newly powerful Democrats will put this particular innovation on the back burner or not.

Success Stories...

We are proud of a recent success for a Turkish citizen who retained us for her green card application under the EB2 classification. We started the labor certification case in March 2006 and the green card was received by the alien in January of 2007. Our client was very happy.

Our clients traveled to India and applied for H-1B/H-4 visas. They had approval notices for their extension of status from CIS. However, they were told the visas could not be issued because background checks had not yet been completed. We subsequently filed a lawsuit against the US Department of State and the US Embassy in India seeking to compel them to adjudicate the visa applications. After filing the lawsuit, we were able to work with the Government to resolve the case. The H-1B and H-4 visas were granted in February 2007 and our clients have returned to the United States. Scott Bratton and Lori Pinjuh handled the case for our office.

We were retained by a client who was applying for an H-1B visa in Damascus, Syria after his visa application had been pending for several months. We recommended filing in federal court in Wisconsin, which is where he resided and worked in H-1B status. After filing the lawsuit, out client was contacted by the Embassy and given a second interview. Less than two weeks later, his H-1B visa was granted, allowing him to return to the United States to resume his work. Scott Bratton handled the case for Margaret Wong and Associates.

Naturalized US citizen, national of Mexico, married a Mexican citizen who is a mother of three daughters. In August 2006, he retained our law firm to file I-130/485 for his three new daughters, one of whom would turn 21 in March of 2007. Fortunately, all of them were under the age of 18 when the marriage took place. To avoid aging out, we sped up the process and filed in October as soon as we gathered all necessary supporting documents. One daughter received her green card in December but the other two daughters applications remained pending as of February 2007. Faced by the prospect of one of them turning 21 in weeks, we filed a writ of mandamus with the US District Court in March. USCIS soon issued interview notices but then cancelled the interview and issued green cards to both of them without interview.

Immigration Reform: Brief Synthesis of Issue

RN License Exam to be Offered in Manila, Philippines

Permanent Foreign Labor Certification

USCIS Introduces Change of Address Online Function to Web

Interoffice Memorandum of USCIS clarifies that time spent as an H-4 and L-2 dependent does not count against the maximum allowable periods of stay available to principlas in H-1B and L-1 status. Click here to read full text.

CBP Announces Expansion of NEXUS

DOJ Semiannual Agenda Items Published

Health and Human Services and Social Security Administration Issue Semiannual Regulatory Agenda

DOL Semiannual Regulatory Review

ICE Arrests 33 in connection with religious worker visa fraud scheme

USCIS Announces Pilot of Redesigned Naturalization Test

DHS Semiannual Regulatory Agenda-Proposed and Final Rules for CBP and ICE

Congress Passes COMPETE Act Aimed at Allowing More Alien Athletes to Enter U.S.

Immigrants Share the Fight in U.S. Military

DOS Publishes Final Rule on Consular Interviews for NIV Applicants

congress Approves Expanded Visa Access for Athletes

State Department Issues Visa Reciprocity Changes

Congress Passes Physicians for Underserved Areas Act

Nursing and Physicians Relief for Disadvantaged Acts Extended

H-2B Cap Reached for First Part of FY 2007

Federal register Part XLIII Social Security Administration Semiannual Regulatory Agenda

Congress Adjourns without enacting H-1B and EB relief, AILA looks to 2007

Frequently Asked Questions: Western Hemisphere Travel Initiative -Publication of the Air Travel Rule

Western Hemisphere Travel Initiative Rule Outlines New Document Requirements for Air Travel

Statement by Homeland Security Secretary Michael Chertoff on Security Improvements to the Visa Waiver Program

USCIS Issues Questions and Answers for New Pilot Naturalization Exam

The New York Times lead editorial of November 20, 2006 requests that the new leaders of Congress and Senate and President Bush follow the path of Senator's Kennedy and McCain to encourage immigration reform.

"The principals that guided the original McCain-Kennedy bill are those that should guide the coming reform effort: Laws should be enforced at the border and workplace, fairly and even handedly; temporary worker programs must not be used to create a permanent official underclass; and any reform must be designed to work and not to just create another smothering bureaucracy."

US Immigration and Customs Enforcement apprehended 154 criminal aliens, fugitives and other immigration violators in Ohio during an interior enforcement operation. See http://www.ice.gov/ for other news releases.

The Visa Bulletins for each month are available on the US Department of State website. Please go to Visa Bulletin to view.

Our client, from the country of Lebanon, was detained due to a prior order of deportation. Our office filed a Joint Motion to Reopen with the Office of District Counsel in Cleveland, Ohio. District Counsel agreed to join in this motion on November 2, 2006 and our client was released from detainment as a result. As a result, his prior order of deportation also has been vacated and now he gets another opportunity to present his case in front of the immigration judge. Scott Bratton handled this case for Margaret Wong and Assoc.

Our office secured an O-1 I-140 approval in just 10 days. Click here to read whole story.

We received an I-130 petition approval in 36 days from USCIS. The I-130 was filed by a parent for their unmarried child.

Our office filed an I-90 for an individual who lost their green card, we received approval in less than 30 days

Our office is receiving receipt notices from USCIS within a few days to a weeks time. This is much quicker than noticed in the recent past. We also are receiving I-140 and I-485 approvals faster than we did a year ago.

New Ohio governor Ted Strickland attended the new governor's conference and immigration was the top priority as reported in the Plain Dealer.

The US Gov't has eliminated the US $50 reciprocal issuance fee for all nonimmigrant visas for Indian citizens. This was effective November 9, 2006.

On November 15, 2006 the Office of Foreign Labor Certification announced that, due to a technical issue, a number of cases were inadvertantly identified as pending PERM re-files and withdrawn from backlog. The OFLC is working to correct this and to reinstate those cases by November 30, 2006.

USCIS To Expand Premium Processing Service

USCIS Announces Reailgnment of Regional, District and Field Offices Full Text

USCIS Announces Realignment of Regional, District and Field offices

Statement-Premium Processing Approval Notices

REAL ID Act Credibility Determination Provisions Inapplicable to Applications Filed Before May 11, 2005, BIA Rules

AAO Overturns CIS Decision

Vast Majority of Via Waiver Countries Meet Security Upgrade to E-Passports

USCIS Issues 2nd Reminder Regarding Holiday Travel

USCIS Announces Extension of Returning Worker Exemption to the H-2B Numerical Limitation

SSA Amends Computer-Matching Program to Expand Sharing Authority