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NEW DEVELOPMENTS ON IMMIGRATION LAW 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)
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
Biometrics / Background check
I-130 stand-alone filings (Feb. 2008) TPS Somalia : 18 month extension (March 2008) Federal Case Summaries (March 10, 2008)
Intercountry Adoptions
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 Q&A TELECONFERENCE 01/24/2008. 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. Update on HHS Poverty Guidelines, effective January 17, 2008 unless other specified by a particular office. 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 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) Notes from the USCIS Panel in AILA Symposium, related to: procedure to return improperly rejected cases, lockbox expansion, H-1B Cap Filing Procedures FY2008, Security Checks Update, long pending I-360 Petitions, Inadequate RFE response times, premium processing, role of FAQs on USCIS website. Visa fees to increase on January 01, 2008. USCIS publishes interim rule regarding U visas. Application fees for nonimmigrant visas to increase on 1/1/08 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 USCIS reminds employers to transition to new employment eligibility verification form by 12/26/2007 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 USCIS releases new, Mandatory I-9 Form No match regulation ruling District court grants preliminary injunction barring DHS from enforcing no match rules DOL Publishes Fed Register Notice on Registration for the 2009 DV Lottery NY Driver's License now available to undocumented immigrants. See also this link for more information. USCIS explains auto. extension of EAD for Liberians ganted DED Liberians provided deferred enforced departure (DED) President Bush directs deferral of enforced departure for Liberians who have expired TPS US contributes $24 Million for relief of refugees USCIS REACHES H-2B CAP FOR FIRST HALF OF FY2008 USCIS update on receipt notices 2009 Diversity Visa Lottery Program Registration Sneak Preview: New Natz. Test Cross Border Travel Program Expands to Calgary / Winnipeg. The OH Dept of Education awarded Univ of Akron an Ohio Core Grant for preparing foreign language teachers. AG Abbott charges group with orchestrating scheme to sell false US Citizenship DHS extends TPS for El Salvador Also attached is a Q and A Update Re: 2nd DNA Test Requirement for Intetcountry Adoptions Guatemala USCIS Implements Changes to Assist Prospective Adoptive Parents Who Are Experiencing Delays DOS Final Rule Re: Expedited Passport Processing Federal Register's final rule regarding employer's who receive no match letters A major study of 140,000 decision by Immigration Judges reveals great differences rendered on asylum claims. The study was reported by the NY Times. The study ties asylum decisions to such variables as gender, location, and background of the Judges. Remarks by the President on comprehensive immigration reform Margaret Wong will be awarded with the Univ. of Buffalo Law Alumni's Distinguished Alumna Award for her accomplishments in private practice on May 2, 2007. Margaret Wong and Associates would like to know of any any people in the Cincinnati, OH region that are in need of our immigration law services. We hope to expand and to be able to better assist this region by opening an office in Cincinnati. ***H-1B UPDATES*** USCIS has announced on April 3, 2007 that they have reached the cap for H-1B's for fiscal year 2008 . USCIS will use a random selection process to determine which applications will be processed. USCIS has stated that numbers for US master's degree holders seeking H-1B's under this category are still available. Premium Processing H-1B Update from AILA... Congratulations to attorney Margaret Wong and attorney Scott Bratton-they have both once again received Inside Business Magazine's Leading Lawyer Award. Click here to see attorney Margaret Wong's page (right top) and click here to view attorney Scott Bratton's page (left middle) in Inside Business Magazine. Margaret Wong was named an Ohio Super Lawyer 2007. Please click to view Scott Bratton Published in The Champion
Second Circuit on Chinese Asylum Seekers
Margaret Wong On Immigration Reform in the 110th Congress.
In the 12/27/2006 Wall Street Journal issue, there was a headline story titled "A Disabled Son Imperils Family's Immigration Hope". Mr. Souza and his wife were denied permanent residency and put in deportation because of affidavit of support and financial ability issue after 5 years of pursuit of a green card. Unfortunately, their son is disabled. Click here to read full text in Wall Street Journal. Chinese Delegation In Cleveland Margaret Wong gave a presentation on immigration law to the historic Chinese trade delegation to Ohio on Monday, December 4 .
The Green Card Logjam -- from Reuters (picked up by the Washington Post) interviews legal immigrants stuck in the green card logjam. The article correctly highlights a long forgotten problem of legal immigrants waiting in line for years on quota to get the prized "green card". The 1990 Immigration Act divided family & employer from the old 5th preference system, but it didn't help the matter. For more info, check out Immigration Voice , an advocacy group for legal immigrants awaiting green cards. 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);
The Plain Dealer had an article in its December 6th issue ..."Supreme Court gives break to immigrants who broke law." Conduct that is a felony under state law but a misdemeanor under the Controlled Substance Act is not an aggravated felony for purposes of immigration, Justice David Souter wrote." Legislation that would let thousands of illegal-immigrant high school students attend college or serve in the military has a good chance of passing in a Congress controlled by Democrats. A bill known as the DREAM Act would give illegal immigrants a conditional visa that would turn into permanent residency if they complete two years of college or serve honorably for two years in the armed forces. It would also allow them to qualify for in-state college tuition. Click here to read full text. 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. James Ho of the Law Firm Gibson Dunn and Crutcher testified before a joint hearing of the Texas House Cmte on State Affairs and Committee on Border and International Affairs on the topic of birthright citizenship. The testimony is attached.
Reps. Gutierrez and Flake Introduce Bipartisan Comprehensive Immigration Reform LegislationAt a 10am press conference today, March 22, 2007, Representatives Luis Gutierrez (D-IL) and Jeff Flake (R-AZ) introduced the Security Through Regularized Immigration and a Vibrant Economy (STRIVE) Act of 2007, a bipartisan comprehensive immigration reform bill. Although details of the STRIVE Act have not yet been disclosed, AILA believes that the bill contains the policy architecture needed to restore the integrity of our immigration system, and welcomes the Act as a vital first step toward true reform. Written Testimony of William H. Gates Chairman , Microsoft Corporation Before the Committee on Health, Educatio, Labor and Pensions United States Senate Capitol Hill closes in on immigration reform USCIS Announces New Biometrics Process for Conditional Permanent Residents Seeking Removal of Conditions on Residence Questions and Answers, Building an Immigration Service for the 21st Century Interoffice Memorandum HQ 70/6.2 Immigration Reform: Brief Synthesis of Issue RN License Exam to be Offered in Manila, Philippines DHS Announces Proposed Passport Flexibility for US and Canadian Children at Land ad Sea Borders President's FY 2008 Budget Request for USCIS Focuses on Building an Immigration Service for the 21st Century Permanent Foreign Labor Certification Senate Passes Amendment on Employment of Undocumented ImmigrantsSalvadoran Re-registration for Temporary Protected Status(TPS) and the Issuance of Employment Authorization Documents (EADs) Honduran and Nicaraguan RE- registration for Temporary Protected Status(TPS) and the Issuance of Employment Authorization(EADs) Trafficking in Persons: Interim Assessments HHS Updates Poverty Income Guidelines USCIS Naturalization Test Redesign From DOS: No more upfront I-130 adjudications Immigration sweep yields 761 arrests. From the Associated Press USCIS Introduces Change of Address Online Function to Web DHS Semiannual Regulatory Agenda: Proposed and Final actions for USCIS DHS Says It Cannot Meet Deadline for US-VISIT Exit Capability at Land POEs USCIS Formalizes Notice of Redesigned Naturalization Exam 2008 Diversity Visa Registration Democratic lawmakers and their Republican allies are working on measures that could place millions of illegal immigrants on a more direct path to citizenship. Click here to read full story on front page of the New York Times. 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 AILA DOS Liaison Update on E Visa Processing in Italy Immigration Policy Hurts US Farming Industry 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 International Holiday Travel Advisory 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.
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 AILA's 2006 Election Analysis 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 Proposed Refugee Admissions for Fiscal Year 2007-Report to the Congress Enhanced Security foe SEVIS Credit Card Validation The November Visa Bulletin Is Out and Schedule A Retrogresses to October 1, 2005 EOIR Announces Final Rule Regarding Custody Determinations DV Lottery Scams On Increase E-Passport Readers Installed at San Francisco Airport FAQ for Extended RIR (Labor Certification) Conversion Date The Nebraska Service Center is accepting concurrent I-485 filings for Premium Processing eligible I-140's The Cleveland Immigration Court is open as of September 29, 2006. The address is: Carl B. Stokes U.S. Courthouse, 801 West Superior Avenue, Suite 13-100, Cleveland, Ohio 44113-1829. The phone number is: (216) 802-1100. |
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