NEW DEVELOPMENTS ON IMMIGRATION LAW
DHS Announces Elimination of Paper Arrival/Departure Form to Streamline Visa Waiver Program (VWP) Travel. Electronic System for Travel Authorization (ESTA) is an electronic travel authorization that all citizens of VWP countries must obtain prior to boarding a carrier to travel by air or sea to the US under VWP.
Designation of Greece for the Visa Waiver Program
USCIS Reminds Chilean Nationals of Immigration Benefits Available
Statement by Deputy Press Secretary Matt Chandler
On 11/1/09, USCIS issued an update and Q&A on the recent revisions to Form I-693, Report of Medical Examination and Vaccination Record, and changes to the tuberculosis testing requirement for adjustment of status applicants
For USPS Express Mail and Courier deliveries, use the following address:
New ICE Memo and Rescinded No-Match Rule Confirm Worksite Enforcement Strategy - Immigration and Customs Enforcement (ICE) confirms the shift in ICE's Worksite Enforcement Strategy. ICE formally rescinded its earlier "SSA No-Match Rule" on October 7, 2009, and in doing so provided further insights into its enforcement strategies targeting U.S. employers.
Confronting Racism in America article from ABC News
Panel Discussion on the abuse of immigration law in counterrorism efforts from the Constitution Project
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
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)
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).
Biometrics / Background check
I-130 stand-alone filings (Feb. 2008)
TPS Somalia : 18 month extension (March 2008)
Federal Case Summaries (March 10, 2008)
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.
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:
USCIS reminds employers to use New Form I-9.
From AILA: regarding Labor Certification Expiration
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.
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
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
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);
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
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
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.
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.
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
USCIS Announces Extension of Returning Worker Exemption to the H-2B Numerical Limitation
SSA Amends Computer-Matching Program to Expand Sharing Authority