Immigration Law Office
of
Lalita Haran, Attorney
Ph: (317) 660-6174; (765) 854-1004
Law Office of Lalita Haran
13295 Illinois street,
Suite 128
Carmel, IN 46032
United States
ph: (317) 660-6174
lharan
News
Immigration In News (Archive)
Defrred Action for childhod arrivals DACA
Starting August 15th, 2012, petitions can be filed for deferred action benefit if the foreign national came into the United States as a child and stayed beyond 5 years pursuing education or serving military. Certain limitations apply.
Naturalization
Naturalization applicants who would lose SSI benefits in a year would receive speedy processing of their application. Those who have not yet applied for naturalization but are to lose their SSI benefits in a year would also receive priority treatment upon applying fornaturalization.
India
Beginning January 1st 2012, Chennai U.S. Consulate stops accepting or processing of Immigrant Visa. Read more.
Immigration relief for Japanese
The Immigration and Customs Enforcement (ICE) would temporarily halt removal (deportation) to Japan in the wake of the recent earthquake, tsunami and the nuclear tragedy. (posted 3/21/11)
On 3/17/11 the U.S. government remindsthat eligible Japanesemay apply for immigration related benefts.Under immigrationlaw foreign nationals in U.S.may seekextension, change of immigration status and parole etc. The governmentletter suggests expedite requests would be entertained for parole, employment authorization and immigrant visa.
Employers to register H-1B (01/04/11)
Government proposed to change the rules requiring employers to electronicallyregister before filing any cap subject H-1B petition. The government claims that the new process would help in regulating the lottery process and would reduce the cost to some employers. The new system would prevent multiple filing by an employer for the same employee and make actual H-1B filing more expensive.
Visa Processing in India (November 2010)
U.S. visa applications in India may now be made in any of the visa facilities located all across India i.e. U.S. Consulates or Embassyregardless of where the applicant resides. According to the U.S. Embassy this change would make the visa application process more convenient.
ImmigrationFee Increase(October 2010)
Immigration fee schedule is facing an upward revision. USCIS revised fee schedule takes effect from the coming 23rd November, 2010. There is no increase for the naturalization application while thepetition filing fee for U.S. citizen's fiance(e) is reduced.
F-1 Students from Haiti:relaxed ruleson fullcourseof study and EAD (September 2010)
The HaitianF1 studentsenrolled in the SEVP approved colleges and present in United States on 1/12/10 could qualify for reduced course load and could also obtain extended periods of Employment Authorization upon proof of extreme hardship if the hardship is caused by theinfamous earthquake. The specialreliefsuspends the standard regulatory requirementuntil 7/22/11 andis limited to only those studentsfulfilling the above mentioned conditional criteria.
H1B and L1 fee revision (September 2010)
Governement raised the filing fee for H1B petition by $2000 and for L1s by $2,250. Theraised fee remains in effect from August 14, 2010 through Sep. 30, 2014 and applies to employers hiring 50 or moreemployees in U.S with more than 50% work force cmprising of H1 or L1 workers.
U.S. sues State of Arizona (August 2010)
The department of Justice filed an action against the State of Arizona in Federal Court to stopthe Statefrom enforcing its newly passed "show meyour immigration papers" law.(Posted 7/14/10)
Federal Court granted injunction blocking some of the provisions from taking effect although the rest of the law took effect in July. The Court turned down the State of Arizona's request to expedite hearing on the case.
Refugees lose SSIbenefits ( August 2010)
Some of the Refugees to U.S., vicitms of persecution and torture would lose Suplemental Security Income starting October 1st. The benefit is allowed for a maximum period of seven years within which these immigrants should seek naturalization.
The benefit wasextended in 2008 for an additionaltwo year period which comes to an end now. As a result some of the elderly and disabled refugees andAsylees maylose the SSI benefits at a time when they need it most.
Temporary Protected Satus for Haiti earthquake relief extended (July 2010)
Applications could now be made until January 2011.
Immigration benefits to Guatemalans (June 2010)
In the wake of the storm Agatha, Guatemalans would be eligible to apply for change or extension of non immigrant status (even beyond the end of authorization), parole or advance parole among other immigration benefits. Lawful Permanent Residents without documents could also seek assistance if stranded.
Arizona goes tough on Immigrantion (April 2010)
Arizona makes it a crime to be present in the State illegally. Its police officers have authority to determine immigration status if they suspect that someone is violating this law and may be sued for failure to act upon the complaint received from citizens. (posted 4/26/10)
The state houses pass a very tough immigrationBill that now goes to the Governor to be finalized as law.A Veto by the Governor, which is highly unlikely,only can stop it from becoming the law now. If the Bill is signed into Law it makes a crime to be in Arizona without an immigration document. The law enforcement could determine the immigration status of the person. It is highly likely that racial profiling would form a basis for questioning leading to arrests.Read more . . .
State enforcement of immigration law(March 2010)
Northern District Court of Texas strikesa City Ordinance attempting o regulate residential lease to undocumented foreign nationals in violation of the Supremacy Clause of the Constitution.
U Visa (March 2010)
Department of labor through its Wage and Hour Division would soon start certifying the cases for the victims of qualifying crimes who could apply for U visa on that basis.
Puerto Rico
Birth cetificates issued prior to July 1 2010 would no longer be valid.The measure is to prevent fraudulent identity.
Immigrationresponse to Disater in Haiti(January 2010)
The U.S. government halts removal of deportee to Haiti becaause of the disaster. There is no word on when removal to Haiti would resume but it is reported that the Immigration & CustomsEnforcement (ICE) is closely monitoring the situation.
The Secretary of State, was asked in her television interviewwhether Haiti would be designated the Temporary Proteceted Status because of disaster. She quickly stated that the President has a teamworking on it but quickly focused attention to the rescue efforts as the main focus at the moment. American Immigration Lawyers Association supports grant of TPS to Haiti and has requested the government that Haiti be designated for Temporary Proteceted Status.
H1B Cap2009 (Posted 12/29/09).
The cap is reached on 12/21/09 asUSCISreceived more than the necessary applicationsto exhaust the H-1B numbers.
A lottery was conductedalthough limited tothe applications received on Monday 12/21 since thenumber ofapplications on Monday 12/21 exceededthe H-1B visa numers avilable on that day.
The U.S. governmentreports that the advanced degree H1bexemption limit is reached. Any further advanced degree H-1B applications would now be counted towards thegeneral h1bcap which is also close to reach its ceiling limit.(revised 11/24/09) Read more . . .
Trafficking Victims find support in new rules(Posted 11/24/09)
Parent and siblings below 18 yrs. of age of a victim of trafficking may now seek nonimmigrant visa regardless of teh age of the T1 visa holdervictim if they are threatened with retaliation because of teh escape of the victim oftrafficking. The provision would apply to both the accompanying as well as the following to join parent or such sibling.
Conrad 30 provision, EB-5 investor visa sectionand E-verify program are also extended for three years. (Posted 11/3/09)
Immigrant visa for Religiousnon-minister workerNew law extends the provision for three more years. (Posted 11/3/09)
Permanent Residence for Surviving Spouse (Posted 11/3/09)
New law strikes down the language that limited the surviving spouse's ability to continue their permanent residence application when their petitioning U.S. citizen spouse passes away.
The welcome change also includes certain situation where the petitioner dies pending adjudication of the petition for his/her immediate relatives.Check hereforwhat problems existed before this enactment.
New E-verify requirement for federal contractors becomeseffective since September 8th, 2009 and ropes in their sub contractors. Await my blog posting. (Posted 9/16/09)
Top film actor from India, Shah Rukh Khan less pleased because delayed at Immigration in U.S.Read more . . . (posted 19 August 2009)
I-140 Premium Processingresumed for most cases
USCIS announces that it would resume premium processing for certain I-140s from June 29, 2009.
DHS amends policy to avoid Widow penalty (Posted 06/09/09)
In a welcomechage of policy announced today the Director ofHomeland Security, Janet Nepolitano directs the USCIS to suspend re/adjudication of surviving spouses' petitions based solely on the death of their U.S. citizen spouse.The survivingspouse of the deceased U.S. citizenand their unmarriedand under 18 yrold children are granted deferred action for two years. The DHS release clarifies thatthis means that the removal proceedings against the surviving spouse and eligible children of the U.S. citizens would be suspended using the prosecutorial discretion. The release also notes that the Congress should change the legal definition of "immediate relatives," to include surviving spouse.
New H-1B Update(Posted 5/7/09)
As of the First of May, 2009, the h-1b annual quota is not yet filled up for the newFiscal Year. About 45,000 applications have been received so far, according to an update offerred by the USCIS.InApril, 2008the GovernmentAgency had received more than the annual quota on the first official filing day but was required to continue to accept applicationsfor the next three days. The total number of the H-1Bapplications received last year were upto three times the annual limit fixed by the Congress while this year even a month after the filing had started employers can still file H-1b petitions to hire foreign workers. The marked difference may be due to the changing economic conditions combined with the new government regulations requiring employers to satisfy some additional requirements before hiring foreign national employees.
H-1B petition filing season started April 1st. As of April 20th about 44,000 new petitions have been filed. The recession, job loss and the government offerred economic stimulus discouraging hiring of foreign workers may be the largest contributors to the fact that the annual H-1b quota is still available and not exhausted like last year when the Government received three times more applications than the available quota i.e. 65,000.
The advanced degree exemption applications received so far have reached 20,000 which is the maximum allowed. USCIS is continueing to receive the advanced degree applications even as it has received enough number of applications that could fill the exemption quota because the government agency's past experience shows that not all applications received would be approvable.
President extends Deferred Enforced Departure (DED)(Posted 3/24/09)
President Obamaorders extension of Deferred Enforced Departure for Liberian nationals earlier granted Temporary Protected Status (TPS) who were fleeing their country as a result of armed conflict and civil strife. The TPS earlier ended in October 2007 but a previous Presidential orederallowed the TPS holders to remain in U.S. under the DED upto March 31, 2009.The new Presidential order extends the DED period by another 12 months.
Congress passes Children's Health Insurance Bill (Posted 2/5/09)
The State Children's Health Insurance Program (SCHIP) Bill now goes to to the President for his signature.The Bill reauthorizes the CHIP program and offers extra funds to the states to promote children's health. The Bill was earlier vetoed by the former President George Bush.
The reauthorization Bill also includes Immigrant Children's Health Improvement Act (ICHIA)which allows States to waive the existing 5 yr. waiting requirementand would help immigrant children and pregnant womenaccess the health insurance benefits
Presidetial memo on FOIAand Open Government (Posted 1/23/09)
President Obama issued a memo that requires the U.S. Attorney General to issue new Freedom Of Information guidelines to the government departments and agecies and another encouraging transparecy in the U.S. government. ThePresident directs thatdisclosure of informationmust be timely andshould not be curtailed to protect personal interests of the government officials even if it causes them embarrassment. A welcome sign! Read the full text of FOIA memo hereand on the Open Governmenthere.
Court suspends E-Verify compliance by federal contractors: (Posted 1/11/09)
In a lawsuit filed by the U.S. Chambers of Commerce and others in the Federal District Court of Maryland, the court suspendsthe implementation of the e-verify on federal contractors and subcontractors until February 20, 2009. The suit seeks topermanently enjoin the Rule as invalid.
DOL recognizes employers' right to legal advice during Labor Certification:(posted 10/31/08)
Responding to a protest by the American Immigration Lawyers' Association'sagainstsomepublic statements allegedly made by the agency,the Department of Laborissued a statement recognizing the employer's right to consult lawyers on legal questions during the PERM process.
Earlier, the DOL had faced widespread protests after it made public its interpretation of the relevant rulesas prohibiting employersfrom consultinglawyersduring Permanent Labor Certification, aprocess required to be followed beforepermanently hiringforeign workers. AILA's protest outlined thatthrough distribution of itspublic affairs Q& A,the Department was providing a different interpretation of the Rules that deprived the employers of their right to counsel during PERM, a practice, well establishedand recognized under the existing Rules.
Special Immigrant Religious workerprogram expires:(posted 9/22.08)
A reminder issued on the September 19, 2008 says that two of the categories of the special immigrant non-minister religious worker program expire on October 1, 2008.
Check outmy blog for more . . .
Conrad 30 Waiver program extended
President signs extension of the Conrad 30program into the Law. The program enables the foreign medical graduates on J1 visa status to seek waiver of the 2 year foreign residence requirement if the physician serves in the health professional shortage areas also known as medically under served areas.
Passport Cards: (posted 7/22/08)
According to its statement, the U.S. Governmenthas begun issuingPassport cards. The wallet sized document is designed for use by U.S. Citizens travelling by land or sea between U.S. and Mexico, Canada, the Carribean andBermuda.
Travellers would need to show citizenship and identity document beginning June 2009. Although, not valid for international travels by air, it is claimed that the card would facilitate travel of Americans living in border communities. by using a vicinity-read radio frequency identity chip (RFID). The card contains a unique number that is read by using a vicinity read-radio frequency identity chip and allows the U.S. custom and border Protection officers to access the traveller's biographical information and photograph contained in the government database.
TPS (Posted 9/26/08)
Temporary Protected Status has been extended for those from Nicaraguans and Hondurans, effective January 6, 2009 through July 5, 2010. In order to receive TPSthese people must have entered United States on or before December 30, 1998.
U.S. Visa issuance in Pakistan halted indefinitely (posted 9.25/08)
Nonimmigrant and immigrant visa issuance at U.S. Embassy in Pakistan is indefinitely suspended and interviews therefor are to be rescheduled. Only the emergency services are provided to U.S. citizens who are advised to call the switchboard in case of emergency.
E-verify for CPT students (posted 9/17/08)
Studentson curricular practical training (CPT) are considered to be taking employment and are subject to the e-verify process.
In answer to questions the USCIS says that although no employment authorization is needed for CPT students, the employer must still run an e-verify querry for them. Since the e-verify system does not access the SEVIS during the first automated verification process, all these students would go for a secondary verification and should receive employment eligibility confirmation once their records are located in the SEVIS.
H-2B (posted 7/31/08)
The h-2b cap has been reachedon July 29, 2008 for the first half of the Fiscal Year 2009 i.e. the employment start date before 4/1/09.
On 7/29/08 USCIS had noted that34,677 H-2B applications have been received so far. Althought the semi annual CAP for the visa category is 33,000 A total number of 40,000 applications are to be received to reach the cap.
New Vaccination Requirements (posted 7/25/08)
Vaccination list for adjustment of status applicants seeking lawful permanent residence are revised. The following age appropriate vaccinations are added to the list: Rotavirus, Hepatitis A, Meningococcal, Human Papillomavirus and Zoster.
The vaccines would be administered starting August 1st, 2008. The form I-693 is amended and applicants must use the June 5, 2008 edition of the form for adjustment of Status applications.
H-2B Numbers(Posted 7/25/08)
Until July 23rd 31,619 H-2B applications were received against the total numerical limit of 33,000 for the first half of 2009. So far 19,835 applications have been approved and 11,784 are pending consideration.
The Government Agencyneeds 40,000 applications, which is 7,000 applications in excess ofthe total visa available for the half year, to reach thesemi annualCAPprovidingan allowance for withdrawals, denials and revocations.
H-2B visaallows businesses to hire foreign national fortheir intermittant or seasonal needs and has a prerequisite of a temporary labor certification from the Department of Labor. Applications are filed in June or July for employment starting in October.
New Vaccination Requirements (posted 7/25/08)
Vaccination list for adjustment of status applicants seeking lawful permanent residence are revised. The following age appropriate vaccinations are added to the list: Rotavirus, Hepatitis A, Meningococcal, Human Papillomavirus and Zoster.
The vaccines would be administered starting August 1st, 2008. The form I-693 is amended and applicants must use the June 5, 2008 edition of the form for adjustment of Status applications.
CombinedEAD& Advance Parole cardsissued in error (Posted 7/18/08)
Some recently issued employment authorization cards were erroneously inscribed with notation "serves as I-512 Advance Parole."
USCIS instructs that these EADs with advance parole notation would not be evidence of travel authorization. It further instructs that those who wish to travel on advance paroleshould not travel withoutan approved I-512 advance parole.
EAD for Refugees(posted 7/12/08)
Refugees would soon be able to receiveinitial employment authorization document valid for two years. USCIS claims that this step would ease the financial burden as well as improve Agency efficientcy.
This step would free someof theofficers whowould be ableadjudicate other matters and as the Agency estimates would save $340 that a refugee would normallyspend for renewal of EAD atleast oncebefore adjustment of status.
Religious Visa (R1) (Posted 7/10/08)
Premium processing for religious visa remains suspended until atleast January7, 2009. Premium processing guarantees that certain employment based visa qualify for faster processing time (15 days from filing). USCIS claims that it can not provide the faster processing of religious visa due to complexities involved in adjudicating the visa.
On April 25, 2007, USCIS proposed significant revisions to its regulations related to the special immigrant and nonimmigrant (R-1) religious worker visa classifications. The proposed rule suggested steps to eliminate fraud in the religious worker program and discusses potential vulnerabilities addressed in an August 2005 Benefit Fraud Assessment conducted by USCIS Office of Fraud Detection and National Security.
USCIS is currently considering comments on the proposed rule and promulgating the final rule. USCIS will continue processing R-1 nonimmigrant visa petitions which include established procedures designed to ensure the legitimacy of the petitioner and statements made in the petition. The procedures may include inspections, evaluations, verifications and compliance reviews for religious organizations procedures that exceed the 15-day guarantee for premium processing.
Newest Passport Center in Tucson, Arizona(posted 7/2/08)
A new passport center is opened in Tucson, Arizona on June 30, 2008. The centre is located at 7333 Rose Wood Street and is operated by a contracting company. It is designed to prepare and mail over 10 million passports and between 800,000 to 2 million Border Crossing Cards (BCC) annually.
A Border Crossing Card is an entrydocument used by citizens of Mexicoand Canada living near the U.S. Border.
Overseas Naturalization(posted 6/02/08)
The first Military spouse naturalizes overseas (in Frankfurt, Germany) pursuant to the National Defense Authorization Act signed into effect beginning of 2008. As a result of this new provision Imigration and Nationality Act now allows certain spouses of U.S. military to naturalize overseas in the countries they are stationed. Until now the Naturalization provision could be invoked if the military spouses were physically present in the United States.
Federal Contractors must follow E-Verify (posted 6/12/08)
The Executive Order 12989 is amended torequire that all federal contractors use the electronic employment eligibility verification system to verify the employment eligibility of all the persons hired during the contract term and of all those workers performing work within United States on a federal contract.
Tijuana Field Office (posted 6/19/08)
USCIS field office at Tujuana, Mexico would permanently close on July 3, 2008. The office would stop receiving some applications including I-130,after tomorrow June 20, 08 andforward them toanother office for processing. The applications to abandon the Lawful permanent resident will be accepted till July 1, 2008. After this date the I-407 should be made to the Department of State.
Federal Contractors must follow E-Verify(posted 6/12/08)
The Executive Order 12989 is amended torequire that all federal contractors use the electronic employment eligibility verification system to verify the employment eligibility of all the persons hired during the contract term and of all those workers performing work within United States on a federal contract.
Premium Processing for Employment based Immigration is about to Start June 16:(posted 6/11/08)
USCIS just announced that it would soon start the premium processing forI-140 petitionsfor alimited category of H-1BForeign nationsl who are nearing the end of their 6th year extension.
Premium Processing is USCIS guarantee that the petition would be processed within 15 days of receipt and an approval, denial or or other request or notice would issued pursuat to processing. It is however not a guarantee of favorable disposal of the petition.
Suit to Recover TPS Fee(posted 05/23/08)
Nationals of El Salvador, Nicaragua and Honduras who filed for Temporary Protected Status seekinjunction and refund ofregistration fee in charged in excess of $50 (especially the $80.00 Biometric fee) as against the law.Hearing is scheduled onJune 30, 2008.The Court said that Immigration and Nationality Act prohibits imposition of fee in excess of $50as a condition ofregistration for TPSand the biometrics fee ispart of the feecharged as acondition of registration.
Forms at USCIS website(posted 5/20/08)
After a recent update some of the cricial forms (I-130 family based immigrant visa petition, I-485 Adjustment of Status, I-765 EAD, I-131 advanced parole) were not accessible at the USCIS website. While the government agency is looking into the issue the forms may be obtained by typing the url in the browser address field e.g. http://www.uscis.gov/i-130, http://www.uscis.gov/i-131, http://www.uscis.gov/i-485, www.uscis.gov/i-765.
Billon MedicalCarefor Detainees(posted 5/15/08)
Representative Zoe Lofgren (D-CA), introduceda Bill in the House titled Detainee Basic Medical Care Act of 2008 (H.R. 5950).The Bill requires the Secretary of Homeland Security to establish procedures for the timely and effective delivery of medical and mental health care to all immigration detainees in the custody of the Department of Homeland Security.
On 5/12/08, Senator Robert Menendez (D-NJ) announcedthat he was introducing a companion bill (S. 3005) in the Senate.
TN visa changes (posted 5/7/08)
Good news! NAFTA professionals soon would be able to seek TN visa for 3 years period of stay instead of the present 1 year period and also seek extensions in increments of 3 years. USCIS proposes to change the rules relating to period of stay and extensions for TN Visa from one year to three year term.
This brings the TN visa at par with H-1B visa and alleviates the cost burden on the TN beneficiary associated with renewal of the visa every year. Proposed rule also covers the dependent spouse and minor, unmarried children of the TN visa non immigrant beneficiary, in their corresponding nonimmigrant category.
VAWA Guidance (posted 4/24/08)
In a policy guidance issued on 4/11/08, USCIS,revises itsinterpretationof section 245(a) Immmigration and Nationality Actand allows the self petitioning victims of spousal abuse to reopen their adjustment of status application, denied earlierbecause of EWI i.e. presencein U.S. without having been inspected, admitted or paroled).
South Korea joins theVisa Waiver Program (posted 4/19/08)
The visa waiver countries are required to adopt enhanced security measures.
VWP was reformed in August 2007whichrequires the existing countries to implement stronger security arrangements and the new countries aspiring to join the program areto meet the expanded conditions e.g.implementation of electronic travel authorization, ensuring that thelost and stolen passports are reported promptlyetc.
For overtwenty yearsthe visa waiver program included only twenty seven countries from Asia and Europe. Recently, Czech Republic, Estonia, Latvia, Slovakia, Hungary,Lithuania and Malta had joined as the VWPlist of countries.
I-94 and I-94W (posted 4/17/08)
Customes and Border Protection is proposing to add additional boxes to the I-94 and I-94W formsrequiring telephone and the email address from the nonimmigrants.
The CBP justifies collection of the informationas necessary to overcome any objection to admissibility of the person. Also, it appears that efforts are underway to establish an automated entry and exit process.
H-1B Cap for FY 2009 reached(posted 4/8/08)
Today USCIS announced that it has received enough number of H1B petitions towards the fiscal year 2009. The cap is also reached for the 20,000 masters exemption. Read my blog...
About 163,000 H-1B petitions were received until April 7, 2008inclusive of31,200 master's cap petition. Most likely the random lottery would be performed next week.
Cap gap relief: OPT period extended
Foreign students would get 29 months of Optional Practical Training instead of the current 12 months. The interim final rule released on 4/4/08 enables U.S. employers to attract and retain highly skilled foreign national employees.
The Rule is designed to give employers a competitive edge in the international economic growth andrecognizes the employers' need for such workers.
The long awaited rulefillsup the gapin theimmigration status of the foreign students transitioning from F-1 to H-1B visa whose OPT period expiresbefore the H-1B employment start date popularly known as "cap gap." The cap-gap reliefwould also allow those foreign students to continue in their present jobs, who are working for U.S. employers under OPT but may notmake the H-1B visa lottery and would have to wait another yeardue to theshortage of the H-1B visa this year.
H-1B Cap for FY 2009 reached: (posted 4/8/08)
Today USCIS announced that it has received enough number of H1B petitions towards the fiscal year 2009. The cap is also reached for the 20,000 masters exemption.
Although it is not decided when the random lottery selection would be undertaken, the applications not so selected would be returned along with the fee except for the duplicate applications which would be denied and the fee retained as per the earlier modified rule.
First, the advanced degree exemption petitions would be selected through lottery. The petitions not so selected would be subjected to thelottery selection process againtowards the 65,000 numerical limit.
Children adopted from Guatemala: (posted 4/5/08)
Beginning April 1, 2008, adopted children from Guatemala, would not beeligible to be classifiedas immediate relative.As the Hague Convention on intercountry adoptiongoes into effect in U.S. from April 1, 2008, adoptions between U.S. and another Convention country must follow Convention standards.
According to the Department of State, Guatemala adopted the Hague Adoption Convention as early as in 2003 but has not laid theinfrastructure or the regulations following the Hague Convention. The department cautions parents, that it would not be able to issue the required documents needed for the issue of immigrant visa.
Federal Pre-Emption (posted 4/1/08)
In an advisory opinion, the Nevada Attorney General,states that the State Law imposing civil or criminal sanctionsor administrative fines on empployers for hiring unauthorized workers, is pre-empted by the Federalimmigration legislation (IRCA).
Under the "Supremacy clause" the federal government retains the right to legislate on immigration matters. The Immigration and Nationality Act expressly precludes States fromimposing civil and criminal sanctionsexcept by way of licensing or similar laws.
The H-1B Interim Rule (posted 3/26/08)
The Rule is published in the Federal Register on 3/24/08 effective immediately andpublic comment period lasts until5/22/08.
The Rule precludes duplicate and multiple filing by an employer for the same foreign national. Related employers i.e. parent, subsidiary and affiliated companies are exempt from this preclusion. Each such related employer can file one petition for an employee if there is legitimate business need.
Also, petitions claiming exemptions erroneouslywould be penalized bydenial of the petition and fee will be retained.
In addition to the cap subject positions under the annual numerical limit of 65,000, the 20,000 positions for masters cap exemption are also subject to random selection process i.e. there would be two lotteries. The masters degree cap exempt applications would be picked throughthe lottery selection process (assumingsufficient masters cap petitions would be received to exhaust the availablevisa numbers)and those not so selected would thenagain be pooled for the lottery selection process for the cap subject positions.
Visa service at Belarus suspended (posted 3/25/08)
The state department isued a statement that the visa procesing service at the U.S. embassy at Minsk, Belarus, has been temporarily suspended and the number of American staff has been reduced to almost half. The American citizenship services will however continue to be provided. The statement indicates that the reduction in staffwas due to U.S. displeasure over Belarus government's lack of comitment to respect for human right and fundamental freedom. Learn more about the embassy at Minsk, Belarus,here.
The No-Match Rule: (posted 3/24/08)
Supplemental Proposed Rule with Employer Guidance on No-Match Letters is on its way to publication in the Federal Register. The proposed rule is issued by the Department of Homeland Security.
Earlier a no-match rule issued by the department on August 15, 2007 as an enforcement tool to crack down on the illegal hiring practices.The U.S. District Court for Northern California enjoined the Rule and the issue is under appeal in the Ninth Circuit.
Naturalization Interviews (posted 3/ 24/08)
Natz interviews are being scheduled during the after hours and on weekends as USCIS expands its work hours and staff to cope up with the increased number of Naturalization applications filed during 2007.
Indiana on Immigration (posted 3/3/08)
The immigration Bill in Indiana died as there was no agreement on the compromised version of the Bill. Earlier,the Senate and the House passed different versions of the Bill with clear margin. Howeverno conference committee meeting was scheduled to discuss and iron out the differences between the two versions.(posted 3/17/08).
Under the Bill, the employers were expected to face a three tier sanction for knowingly hiring unauthorized foreign nationals. Read more...
Civil penalties on employer sanctions to increase
The Civil penaltieson employers for knowingly hiring unauthorized aliens, are being revised. The raise in the penalty would include the inflation adjustment andis intended to act as sufficient deterrant on the employers. Also, the figures are being rounded off to multiples of hundred, thousand and ten thousand. Penalties greater than $200,000 would be rounded to multiples of $25,000. The amount of penalty is to be set by the Administrative Law Judge after a hearing and adjudication. Under the Regulations both DHS and EOIR can impose penalties for employer sanctions and document fraud. The rule revising the penalties would be effective March 27, 2008.
H-1B Newson Multiple Filing:
USCIS announced yesterday that an employer can not file multiple H-1B petitions for the same employee.
The policy decision is based on affording all the h-1b employersan equal ooportunity to hire.The USCIS will continue toreceive the H-1b petitions for the first five days of April 2008. Only 65,000of thesewill be accepted for processing. The applications are to berandomly selected by a computer generated lottery system.
Last year the total number of applications received was nearly three times the above mentioned numerical cap and the annual quota of available h-1bs was exhausted by the number of applications received in the first two days. The USCIS anticipates the same trend would repeat this year too.
Song on Travel Document requirement is relayednear the Borders
Customs and Border Protection (CBP) through its public affairs section is creating awareness that the travel documents are need to enter U.S.The CBP website claims that its officers wrote the jingle and the lyrics,sung by the Canadiancountry music artist, Shirley Myers. And that the song is being distributed to radio stations on the Canadian as well as the Mexican side of the U.S. borders to bring home the message that the new rules require travellers to produce documents to enter United States.
Changes in the H-2Aworker program proposed (posted 2/13/08):
Proposed changes to the H-2A (temporary or seasonal agricultural worker) programare published in the Federal Register. Salient features of the proposal include lesser wait outside U.S. to re obtain a new H-2A visa, longer grace period to remain in U.S. after expiration, new employer participation in E-Verifyif the worker seeks a change of employer, rulesrelating to which exit ports may be usedby the foreign national etc. So far there is no numerical limitation for this type of visa.
Indiana considers Immigration Bill (posted 2/13/08)
Senate Bill 335 is being discussed in the State Legislature. Among the prominent provisions are a three tier employer sanctions:first, warning then suspension oof license and next revocation of business license. The state law enforcement is to enforce immigration laws. The Bill is being heard today in the Statehouse at 9 a.m. and hearing is open to public.
Eligibility to Certificate of Citizenship:(posted 2/28/08)
A child born and residing outside U.S. is eligible to receive certificate of citizenshipifthe childis lawfullypresent in U.S. and subscribes to the Oath of allegiance, an Administrative Appeals Office holds.
State Immigration Law:(posted 2/11/08)
The Arizona Federal District Court in its decision dated 2/7/08 dismissed a facial challenge to the validity of the "Legal Arizona Workers Act" providing the Superior Court the authority to suspend or revoke business license of the employers who intentionally or knowingly hire the unauthorized aliens. Motion to grant injunction pending appeal against the dismissed action was also denied.
Receipting Delay (repost 2/12/2008) :
USCIS is running behind in issuing filing receipts (form I-797) that are used as evidence of filing of cases with it. The estimated delay in Adjustment of Status cases appears to be 12 weeks while the Naturalization and other cases may take about 15 weeks before USCIS may issue receipts. It is claimed that the backlogs would notinfluence the original date of receipt of filing cases and the receiptswhen issuedwould bear the date on which the case was originally received byUSCIS.
Cap Exempt H-1Bs to go to a Separate New Unit (posted 2/1/08):
USCIS announces that a new unitwould be created to receive the cap exempt H-1Bs in order to streamline their processing. The cap exempt H-1Bs here, include those petitions where the foreign national is sought to be employed by certain educational institutions e.g. universities, nonprofit organizations, related or affiliated to certain educational institutions, nonprofit research organizations and governmentalresearch organizations. There is no change regardingother cap exempt petitions e.g. extension of stay or change of employer or amendment, these petitions should be filedas before.
New Travel Document Requirements for Citizens of U.S. and Canada effective (posted 1/31/08):
Effective today the new requirements relating to travel documents provided by U.S. an Canadian citizens seeking to enter U.S. apply. This change does not affect the nationals of other countries i.e. Mexican nationals can continue to enter U.S. with a passport and B1 or B2 nonimmigrant visa or a border crossing card and foreign nationals of other countries would be required to provide the visa and passport just as before. Birth certificate issued by federal, state, provincial or municipal authorityis requiredfor children 18 and under.
One of the following documents should be provided:
U.S. or Canadian passport, passport card (this document would be available from spring '08)*, trusted traveller card (Nexus, Sentri, or Fast)*, Enhanced driver's license issued by the State or province*, Enhanced tribal card (not available yet)*, U.S. military identification with military travel orders etc. To view the full list click here. (Documents marked with * would facilitate expedited processing.)
Travelers who do not have any of the above mentioned documents must providebothan identity document and a citizenship document from the following list of documents:
Identification documents: (must have photo, name anddate of birth) Driver's license or Identification card issued by a federal, state, provincial, county, territory or municipal authority, U.S. or Canadian military identification card.
Citizenship document: Birth certificate issued by U.S. or Canadian federal, state, provincial, county, territory or municipal authority, U.S. consular report of birth abroad, certificate of naturalization, certificate of citizenship, U.S. Citizen identification card, Canadian citizenship card, Canadian certificate of citizenship without photo.
The U.S. Government implementsCuban Family Reunification Plan Program (CFRP) (posted 1/30/08):
Over 12,000 letters would be sent to those who had filed I-130 petitions for their family relatives residing in Cuba informing them of the implementation of the program. The beneficiaries under the I-130 petitions (the family relatives) would be eligible for parole into the U.S. The letter would direct what procedure to follow and that the petitioner is to contact the National Visa Center with the required documents so as to arrange beneficiary's interview at the U.S. Interest Sect. Contact NVC at tel: (603) 334-0700or email: here. The interview process is scheduled to begin March 3, 2008.
All travelers entering U.S. should provide documents of identification (posted 1/18/08):
Starting 1/31/08 allborder crossersthrough land or sea port are to produce documents of citizenship and identity. The system primarily affects the Canadians and U.S. citizensas oral declaration of citizenship would no longer be accepted. Failure to provide the required documents may cause delay until the identity and the citizenship of the person crossing the border may be verified.
In a statement issued today the Department of Homeland Security states that children 18 yrs, and younger should produce birth certificates while U.S. and Canadian Citizens 19 and older should present documentation of identity and citizenship from the specific list of acceptable documents, which may be checked here.
TPS reregistration period extended for Honduras and Nicaragua: (posted 11/23/2008)
Nationals of the two countries,who have been previously granted temporary protected status, could now re-register and maintain their status for anadditional period of 18months.
The re-registration period is now extended through 30 December, 2008.Also, validity of the employment authorization document of the eligible TPS beneficiaries from the two countries has been extended through July 5, 2009.
Labor Certification Expires 1/12/08 ( posted 01/03/08):
As per the Department of Labor rules all labor certifications approved before July 16, 2007 expire onJanuary 12th, 2008. An immigrant visa petition ought to be filed beforethe expiration date in order tomake useof those labor
certifications.
H-2B cap reached for the second half of 2008( posted1/3/08):
USCIS just announced that by January 2nd, 2008, it had received enough number of applications covering the congressionally mandatedquota for the second half of the fiscal year 2008 i.e. 33,000. With 01/02/08being the 'final receipt date' applications received after the date will be reject H-2B applications seeking new employment starting 10/01/08. Applications received till the final receipt date would pass through a computer generatedrandom selection process to fill the cap. The applications not so selected although received by January 2, 2008, would be rejected and the fee returned. American Immigration Lawyers' Association has issued a statement that the cap reached at such an early stage shows the inability of the immigration laws to meet the growing needs of the U.S. economy.
Identification Document Necessary for Entry into U.S. (posted01/03/08):
Under the current procedure certain citizens ofU.S., Canada and Bermudamay seekentry intoU.S. based on anoral declaration of citizenship.According to U.S.Customs and Border Protection (CBP)with thechange in policy such declaration would no longer be accepted. Effective01/31/08 all travelers entering U.S through land or sea would need to show proof of citizenship or identitye.g. birth certificate or other government issued documents e.g. driver's license. CBP retains the discretion to ask for more documents or create individual exceptions.
Consular Processing FeeRaise(posted 12/20/07):
In a public notice issued dated December 19, 2007, the Department of State issued an interim final rule raising the fee for non-immigrant visa and the Border Crossing Card (BCC) from the current$100 to $131 and the immigrant visa fee to $355.00. The fee increaseis toprovide funds to meet therising processing costof the visasbecause of the hightened security measures. The Departmentseeks public commentupto 2/29/08, and therules become effective on 1/1/08. To view the public notice and post your comments click here.
Older green cards with no expiration date still valid (reposted 12/14/07):
On 12/13/07 USCISreleased a statement that it is currently reviewing the 298 public comments aboutthe proposed regulationrequiring lawful permanent residents to replace their permanent resident cardsbearing no expiration dates with a new card. After reviewing and considering the public commentsthe final rules would be published in the Federal Register.
Untilpublication of the final rules the older permanent resident cards with no expiration dates hold valid. The statement notifies that the lawful permanent residents may choose to replace the cards now if desired; however, the rules do not require them to do so at this time. The rules when published would describe the application process and the time during which such applications would be accepted.
Earlier,USCIS clarified by its statement dt. 12/11/07thatpermanent resident cards (I-551) with no expiration dates are still valid and lawful permanent residents carrying these cards would continue to receive the benefits. The status quo is maintained until a final rule on the topic is implemented.
Overly restrictive Immimgration laws hurt U.S. economy and businesses (posted 12/12/07):
Microsoft decides to open an office in Vancouver, Canada. In a study conducted by the National Foundation for American Policy, an organizationof National acclaimdevoted to Immigration, trade and similar issues it is suggested that overly restrictive immigration laws and the arbitrary limits it imposes on the number of foreign workers permitted to enter U.S. work force every year is adversely affecting the U.S. economy andbusinesses of all sizes. Contributory factors may be lack of qualified U.S. workers, inability to bring in sufficient foreign skilled workers under the present immigration laws as opposed to Canadian laws that are friendly towards businesses.
The study links Microsoft's decision to establish an office outside U.S. as a probable outcome of the restrictive Immigration lawsand suggests that other businesses may follow suit.
No-Match Rule: USCIS appeals the order against(posted on 12/8/07) :
In a statement released on 12/5/07, the Department of Homeland Security, announced that the U.S. Govt appealedthedecision injuncting implementation of the 'No-Match Rule'.Earlier, the Immigration and Customs Enforcement Department had announced a rule proposing that the employersfollow a specific procedure in the event they receive a "No-Match letter" from the Social Security Administration (SSA). A No-Match letterbasically notifies the employer that his employee's name and social security number are not in conformity with SSA's records.
Interim Rules on Intercountry Adoption (posted on 12/3/2007):
In furtherance of implementation of the U.S. ratification of the Hague Convention on "Protection of Children and Cooperation in Respect of Inter Country Adoption" the USCIS proposes to amend the immigration procedurerelating to adoption of children habitually residing in the Convention countries and makes other amendments necessary to adopt the Convention. 72 Fed.Reg.56831(2007). The interim ruleswent in to force November 5, 2007 andpublic comments are sought through December 3, 2007. The text of the Convention and the list of countries that are part of the Convention may be found at http://www.hcch.net.
Among other things the amendment requires new forms (I-800A: application for determination of suitability as adoptive parent and I-800: petition to classify Convention adoptee as immediate relative) to be filed.
The proposed amendment seeks to change the procedure in case of only those adoptions where the adoptive child habitually resides in a Convention country and has immigrated or would immigrate to U.S. as a result ofbeing adoptedby a United States Citizen parent. Cases where the child's immigration is not the immediate consequence of adoption remain unaffected by the amendment. E.g. where a United States Citizen parent adopts a child from a Convention country while habitually residing in that country with no present intent to bring the child to U.S. It remains to be seen whether thesameprocedure would be followed if the citizen parentbrings the child to U.S. at a subsequent date.
Disclaimer: The information contained herein is for general purpose only and not a legal advice. The contents posted herein may not beupdated andcarry noassurance of accuracy.
State enforcement of immigration law(March 2010)
Northern District Court of Texas strikesa City Ordinance attempting o regulate residential lease to undocumented foreign nationals in violation of the Supremacy Clause of the Constitution.
U Visa (March 2010)
Department of labor through its Wage and Hour Division would soon start certifying the cases for the victims of qualifying crimes who could apply for U visa on that basis.
Puerto Rico
Birth cetificates issued prior to July 1 2010 would no longer be valid.The measure is to prevent fraudulent identity.
Immigrationresponse to Disater in Haiti(January 2010)
The U.S. government halts removal of deportee to Haiti becaause of the disaster. There is no word on when removal to Haiti would resume but it is reported that the Immigration & CustomsEnforcement (ICE) is closely monitoring the situation.
The Secretary of State, was asked in her television interviewwhether Haiti would be designated the Temporary Proteceted Status because of disaster. She quickly stated that the President has a teamworking on it but quickly focused attention to the rescue efforts as the main focus at the moment. American Immigration Lawyers Association supports grant of TPS to Haiti and has requested the government that Haiti be designated for Temporary Proteceted Status.
H1B Cap2009 (Posted 12/29/09).
The cap is reached on 12/21/09 asUSCISreceived more than the necessary applicationsto exhaust the H-1B numbers.
A lottery was conductedalthough limited tothe applications received on Monday 12/21 since thenumber ofapplications on Monday 12/21 exceededthe H-1B visa numers avilable on that day.
The U.S. governmentreports that the advanced degree H1bexemption limit is reached. Any further advanced degree H-1B applications would now be counted towards thegeneral h1bcap which is also close to reach its ceiling limit.(revised 11/24/09) Read more . . .
Trafficking Victims find support in new rules(Posted 11/24/09)
Parent and siblings below 18 yrs. of age of a victim of trafficking may now seek nonimmigrant visa regardless of teh age of the T1 visa holdervictim if they are threatened with retaliation because of teh escape of the victim oftrafficking. The provision would apply to both the accompanying as well as the following to join parent or such sibling.
Conrad 30 provision, EB-5 investor visa sectionand E-verify program are also extended for three years. (Posted 11/3/09)
Immigrant visa for Religiousnon-minister workerNew law extends the provision for three more years. (Posted 11/3/09)
Permanent Residence for Surviving Spouse (Posted 11/3/09)
New law strikes down the language that limited the surviving spouse's ability to continue their permanent residence application when their petitioning U.S. citizen spouse passes away.
The welcome change also includes certain situation where the petitioner dies pending adjudication of the petition for his/her immediate relatives.Check hereforwhat problems existed before this enactment.
New E-verify requirement for federal contractors becomeseffective since September 8th, 2009 and ropes in their sub contractors. Await my blog posting. (Posted 9/16/09)
Top film actor from India, Shah Rukh Khan less pleased because delayed at Immigration in U.S.Read more . . . (posted 19 August 2009)
I-140 Premium Processingresumed for most cases
USCIS announces that it would resume premium processing for certain I-140s from June 29, 2009.
DHS amends policy to avoid Widow penalty (Posted 06/09/09)
In a welcomechage of policy announced today the Director ofHomeland Security, Janet Nepolitano directs the USCIS to suspend re/adjudication of surviving spouses' petitions based solely on the death of their U.S. citizen spouse.The survivingspouse of the deceased U.S. citizenand their unmarriedand under 18 yrold children are granted deferred action for two years. The DHS release clarifies thatthis means that the removal proceedings against the surviving spouse and eligible children of the U.S. citizens would be suspended using the prosecutorial discretion. The release also notes that the Congress should change the legal definition of "immediate relatives," to include surviving spouse.
New H-1B Update(Posted 5/7/09)
As of the First of May, 2009, the h-1b annual quota is not yet filled up for the newFiscal Year. About 45,000 applications have been received so far, according to an update offerred by the USCIS.InApril, 2008the GovernmentAgency had received more than the annual quota on the first official filing day but was required to continue to accept applicationsfor the next three days. The total number of the H-1Bapplications received last year were upto three times the annual limit fixed by the Congress while this year even a month after the filing had started employers can still file H-1b petitions to hire foreign workers. The marked difference may be due to the changing economic conditions combined with the new government regulations requiring employers to satisfy some additional requirements before hiring foreign national employees.
H-1B petition filing season started April 1st. As of April 20th about 44,000 new petitions have been filed. The recession, job loss and the government offerred economic stimulus discouraging hiring of foreign workers may be the largest contributors to the fact that the annual H-1b quota is still available and not exhausted like last year when the Government received three times more applications than the available quota i.e. 65,000.
The advanced degree exemption applications received so far have reached 20,000 which is the maximum allowed. USCIS is continueing to receive the advanced degree applications even as it has received enough number of applications that could fill the exemption quota because the government agency's past experience shows that not all applications received would be approvable.
President extends Deferred Enforced Departure (DED)(Posted 3/24/09)
President Obamaorders extension of Deferred Enforced Departure for Liberian nationals earlier granted Temporary Protected Status (TPS) who were fleeing their country as a result of armed conflict and civil strife. The TPS earlier ended in October 2007 but a previous Presidential orederallowed the TPS holders to remain in U.S. under the DED upto March 31, 2009.The new Presidential order extends the DED period by another 12 months.
Congress passes Children's Health Insurance Bill (Posted 2/5/09)
The State Children's Health Insurance Program (SCHIP) Bill now goes to to the President for his signature.The Bill reauthorizes the CHIP program and offers extra funds to the states to promote children's health. The Bill was earlier vetoed by the former President George Bush.
The reauthorization Bill also includes Immigrant Children's Health Improvement Act (ICHIA)which allows States to waive the existing 5 yr. waiting requirementand would help immigrant children and pregnant womenaccess the health insurance benefits
Presidetial memo on FOIAand Open Government (Posted 1/23/09)
President Obama issued a memo that requires the U.S. Attorney General to issue new Freedom Of Information guidelines to the government departments and agecies and another encouraging transparecy in the U.S. government. ThePresident directs thatdisclosure of informationmust be timely andshould not be curtailed to protect personal interests of the government officials even if it causes them embarrassment. A welcome sign! Read the full text of FOIA memo hereand on the Open Governmenthere.
Court suspends E-Verify compliance by federal contractors: (Posted 1/11/09)
In a lawsuit filed by the U.S. Chambers of Commerce and others in the Federal District Court of Maryland, the court suspendsthe implementation of the e-verify on federal contractors and subcontractors until February 20, 2009. The suit seeks topermanently enjoin the Rule as invalid.
DOL recognizes employers' right to legal advice during Labor Certification:(posted 10/31/08)
Responding to a protest by the American Immigration Lawyers' Association'sagainstsomepublic statements allegedly made by the agency,the Department of Laborissued a statement recognizing the employer's right to consult lawyers on legal questions during the PERM process.
Earlier, the DOL had faced widespread protests after it made public its interpretation of the relevant rulesas prohibiting employersfrom consultinglawyersduring Permanent Labor Certification, aprocess required to be followed beforepermanently hiringforeign workers. AILA's protest outlined thatthrough distribution of itspublic affairs Q& A,the Department was providing a different interpretation of the Rules that deprived the employers of their right to counsel during PERM, a practice, well establishedand recognized under the existing Rules.
Special Immigrant Religious workerprogram expires:(posted 9/22.08)
A reminder issued on the September 19, 2008 says that two of the categories of the special immigrant non-minister religious worker program expire on October 1, 2008.
Check outmy blog for more . . .
Conrad 30 Waiver program extended
President signs extension of the Conrad 30program into the Law. The program enables the foreign medical graduates on J1 visa status to seek waiver of the 2 year foreign residence requirement if the physician serves in the health professional shortage areas also known as medically under served areas.
Passport Cards: (posted 7/22/08)
According to its statement, the U.S. Governmenthas begun issuingPassport cards. The wallet sized document is designed for use by U.S. Citizens travelling by land or sea between U.S. and Mexico, Canada, the Carribean andBermuda.
Travellers would need to show citizenship and identity document beginning June 2009. Although, not valid for international travels by air, it is claimed that the card would facilitate travel of Americans living in border communities. by using a vicinity-read radio frequency identity chip (RFID). The card contains a unique number that is read by using a vicinity read-radio frequency identity chip and allows the U.S. custom and border Protection officers to access the traveller's biographical information and photograph contained in the government database.
TPS (Posted 9/26/08)
Temporary Protected Status has been extended for those from Nicaraguans and Hondurans, effective January 6, 2009 through July 5, 2010. In order to receive TPSthese people must have entered United States on or before December 30, 1998.
U.S. Visa issuance in Pakistan halted indefinitely (posted 9.25/08)
Nonimmigrant and immigrant visa issuance at U.S. Embassy in Pakistan is indefinitely suspended and interviews therefor are to be rescheduled. Only the emergency services are provided to U.S. citizens who are advised to call the switchboard in case of emergency.
E-verify for CPT students (posted 9/17/08)
Studentson curricular practical training (CPT) are considered to be taking employment and are subject to the e-verify process.
In answer to questions the USCIS says that although no employment authorization is needed for CPT students, the employer must still run an e-verify querry for them. Since the e-verify system does not access the SEVIS during the first automated verification process, all these students would go for a secondary verification and should receive employment eligibility confirmation once their records are located in the SEVIS.
H-2B (posted 7/31/08)
The h-2b cap has been reachedon July 29, 2008 for the first half of the Fiscal Year 2009 i.e. the employment start date before 4/1/09.
On 7/29/08 USCIS had noted that34,677 H-2B applications have been received so far. Althought the semi annual CAP for the visa category is 33,000 A total number of 40,000 applications are to be received to reach the cap.
New Vaccination Requirements (posted 7/25/08)
Vaccination list for adjustment of status applicants seeking lawful permanent residence are revised. The following age appropriate vaccinations are added to the list: Rotavirus, Hepatitis A, Meningococcal, Human Papillomavirus and Zoster.
The vaccines would be administered starting August 1st, 2008. The form I-693 is amended and applicants must use the June 5, 2008 edition of the form for adjustment of Status applications.
H-2B Numbers(Posted 7/25/08)
Until July 23rd 31,619 H-2B applications were received against the total numerical limit of 33,000 for the first half of 2009. So far 19,835 applications have been approved and 11,784 are pending consideration.
The Government Agencyneeds 40,000 applications, which is 7,000 applications in excess ofthe total visa available for the half year, to reach thesemi annualCAPprovidingan allowance for withdrawals, denials and revocations.
H-2B visaallows businesses to hire foreign national fortheir intermittant or seasonal needs and has a prerequisite of a temporary labor certification from the Department of Labor. Applications are filed in June or July for employment starting in October.
New Vaccination Requirements (posted 7/25/08)
Vaccination list for adjustment of status applicants seeking lawful permanent residence are revised. The following age appropriate vaccinations are added to the list: Rotavirus, Hepatitis A, Meningococcal, Human Papillomavirus and Zoster.
The vaccines would be administered starting August 1st, 2008. The form I-693 is amended and applicants must use the June 5, 2008 edition of the form for adjustment of Status applications.
CombinedEAD& Advance Parole cardsissued in error (Posted 7/18/08)
Some recently issued employment authorization cards were erroneously inscribed with notation "serves as I-512 Advance Parole."
USCIS instructs that these EADs with advance parole notation would not be evidence of travel authorization. It further instructs that those who wish to travel on advance paroleshould not travel withoutan approved I-512 advance parole.
EAD for Refugees(posted 7/12/08)
Refugees would soon be able to receiveinitial employment authorization document valid for two years. USCIS claims that this step would ease the financial burden as well as improve Agency efficientcy.
This step would free someof theofficers whowould be ableadjudicate other matters and as the Agency estimates would save $340 that a refugee would normallyspend for renewal of EAD atleast oncebefore adjustment of status.
Religious Visa (R1) (Posted 7/10/08)
Premium processing for religious visa remains suspended until atleast January7, 2009. Premium processing guarantees that certain employment based visa qualify for faster processing time (15 days from filing). USCIS claims that it can not provide the faster processing of religious visa due to complexities involved inadjudicating the visa.
On April 25, 2007, USCIS proposed significant revisions to its regulations related to the special immigrant and nonimmigrant (R-1) religious worker visa classifications. The proposed rule suggested steps to eliminate fraud in the religious worker program and discusses potential vulnerabilities addressed in an August 2005 Benefit Fraud Assessment conducted by USCIS Office of Fraud Detection and National Security.
USCIS is currently considering comments on the proposed rule and promulgating the final rule. USCIS will continue processing R-1 nonimmigrant visa petitions which include established procedures designed to ensure the legitimacy of the petitioner and statements made in the petition. The procedures may include inspections, evaluations, verifications and compliance reviews for religious organizations procedures that exceed the 15-day guarantee for premium processing.
Newest Passport Center in Tucson, Arizona(posted 7/2/08)
A new passport center is opened in Tucson, Arizona on June 30, 2008. The centre is located at 7333 Rose Wood Street and is operated by a contracting company. It is designed to prepare and mail over 10 million passports and between 800,000 to 2 million Border Crossing Cards (BCC) annually.
A Border Crossing Card is an entrydocument used by citizens of Mexicoand Canada living near the U.S. Border.
Overseas Naturalization(posted 6/02/08)
The first Military spouse naturalizes overseas (in Frankfurt, Germany) pursuant to the National Defense Authorization Act signed into effect beginning of 2008. As a result of this new provision Imigration and Nationality Act now allows certain spouses of U.S. military to naturalize overseas in the countries they are stationed. Until nowthe Naturalization provision could be invoked if the military spouses were physically present in the United States.
Federal Contractorsmust follow E-Verify (posted 6/12/08)
The Executive Order 12989 is amended torequire that all federal contractors use the electronic employment eligibility verification system to verify the employment eligibility of all the persons hired during the contract term and of all those workers performing work within United States on a federal contract.
Tijuana Field Office (posted 6/19/08)
USCIS field office at Tujuana, Mexico would permanently close on July 3, 2008. The office would stop receiving some applications including I-130,after tomorrow June 20, 08 andforward them toanother office for processing. The applications to abandon the Lawful permanent resident will be accepted till July 1, 2008. After this date the I-407 should be made to the Department of State.
Federal Contractorsmust follow E-Verify(posted 6/12/08)
The Executive Order 12989 is amended torequire that all federal contractors use the electronic employment eligibility verification system to verify the employment eligibility of all the persons hired during the contract term and of all those workers performing work within United States on a federal contract.
Premium Processing for Employment based Immigration is about to Start June 16:(posted 6/11/08)
USCIS just announced that it would soon start the premium processing forI-140 petitionsfor alimited category of H-1BForeign nationsl who are nearing the end of their 6th year extension.
Premium Processing is USCIS guarantee that the petition would be processed within 15 days of receipt and an approval, denial or or other request or notice would issued pursuat to processing. It is however not a guarantee of favorable disposal of the petition.
Suit to Recover TPS Fee(posted 05/23/08)
Nationals of El Salvador, Nicaragua and Honduras who filed for Temporary Protected Status seekinjunction and refund ofregistration fee in charged in excess of $50 (especially the $80.00 Biometric fee) as against the law.Hearing is scheduled onJune 30, 2008.The Court said that Immigration and Nationality Act prohibits imposition of fee in excess of $50as a condition ofregistration for TPSand the biometrics fee ispart of the feecharged as acondition of registration.
Forms at USCIS website(posted 5/20/08)
After a recent update some of the cricial forms (I-130 family based immigrant visa petition, I-485 Adjustment of Status, I-765 EAD, I-131 advanced parole) were not accessible at the USCIS website. While the government agency is looking into the issue the forms may be obtained by typing the url in the browser address field e.g. http://www.uscis.gov/i-130, http://www.uscis.gov/i-131, http://www.uscis.gov/i-485, www.uscis.gov/i-765.
Billon MedicalCarefor Detainees(posted 5/15/08)
Representative Zoe Lofgren (D-CA), introduceda Bill in the House titled Detainee Basic Medical Care Act of 2008 (H.R. 5950).The Bill requires the Secretary of Homeland Security to establish procedures for the timely and effective delivery of medical and mental health care to all immigration detainees in the custody of the Department of Homeland Security.
On 5/12/08, Senator Robert Menendez (D-NJ) announcedthat he was introducing a companion bill (S. 3005) in the Senate.
TN visa changes (posted 5/7/08)
Good news! NAFTA professionals soon would be able to seek TN visa for 3 years period of stay instead of the present 1 year period and also seek extensions in increments of 3 years. USCIS proposes to change the rules relating to period of stay and extensions for TN Visa from one year to three year term.
This brings the TN visa at par with H-1B visa and alleviates the cost burden on the TN beneficiary associated with renewal of the visa every year. Proposed rule also covers the dependent spouse and minor, unmarried children of the TN visa non immigrant beneficiary, in their corresponding nonimmigrant category.
VAWA Guidance (posted 4/24/08)
In a policy guidance issued on 4/11/08, USCIS,revises itsinterpretationof section 245(a) Immmigration and Nationality Actand allows the self petitioning victims of spousal abuse to reopen their adjustment of status application, denied earlierbecause of EWI i.e. presencein U.S. without having been inspected, admitted or paroled).
South Koreajoins theVisa Waiver Program (posted 4/19/08)
The visa waiver countries are required to adopt enhanced security measures.
VWP was reformed in August 2007whichrequires the existing countries to implement stronger security arrangements and the new countries aspiring to join the program areto meet the expanded conditions e.g.implementation of electronic travel authorization, ensuring that thelost and stolen passports are reported promptlyetc.
For overtwenty yearsthe visa waiver program included only twenty seven countries from Asia and Europe. Recently, Czech Republic, Estonia, Latvia, Slovakia, Hungary,Lithuania and Malta had joined as the VWPlist of countries.
I-94 and I-94W (posted 4/17/08)
Customes and Border Protection is proposing to add additional boxes to the I-94 and I-94W formsrequiring telephone and the email address from the nonimmigrants.
The CBP justifies collection of the informationas necessary to overcome any objection to admissibility of the person. Also, it appears that efforts are underway to establish an automated entry and exit process.
H-1B Cap for FY 2009 reached(posted 4/8/08)
Today USCIS announced that it has received enough number of H1B petitions towards the fiscal year 2009. The cap is also reached for the 20,000 masters exemption. Read my blog...
About 163,000 H-1B petitions were received until April 7, 2008inclusive of31,200 master's cap petition. Most likely the random lottery would be performed next week.
Cap gap relief: OPT period extended
Foreign students would get 29 months of Optional Practical Training instead of the current 12 months. The interim final rule released on 4/4/08 enables U.S. employers to attract and retain highly skilled foreign national employees.
The Rule is designed to give employers a competitive edge in the international economic growth andrecognizes the employers' need for such workers.
The long awaited rulefillsup the gapin theimmigration status of the foreign students transitioning from F-1 to H-1B visa whose OPT period expiresbefore the H-1B employment start date popularly known as "cap gap." The cap-gap reliefwould also allow those foreign students to continue in their present jobs, who are working for U.S. employers under OPT but may notmake the H-1B visa lottery and would have to wait another yeardue to theshortage of the H-1B visa this year.
H-1B Cap for FY 2009 reached: (posted 4/8/08)
Today USCIS announced that it has received enough number of H1B petitions towards the fiscal year 2009. The cap is also reached for the 20,000 masters exemption.
Although it is not decided when the random lottery selection would be undertaken, the applications not so selected would be returned along with the fee except for the duplicate applications which would be denied and the fee retained as per the earlier modified rule.
First, the advanced degree exemption petitions would be selected through lottery. The petitions not so selected would be subjected to thelottery selection process againtowards the 65,000 numerical limit.
Children adopted from Guatemala: (posted 4/5/08)
Beginning April 1, 2008, adopted children from Guatemala, would not beeligible to be classifiedas immediate relative.As the Hague Convention on intercountry adoptiongoes into effect in U.S. from April 1, 2008, adoptions between U.S. and another Convention country must follow Convention standards.
According to the Department of State, Guatemala adopted the Hague Adoption Convention as early as in 2003 but has not laid theinfrastructure or the regulations following the Hague Convention. The department cautions parents, that it would not be able to issue the required documents needed for the issue of immigrant visa.
Federal Pre-Emption (posted 4/1/08)
In an advisory opinion, the Nevada Attorney General,states that the State Law imposing civil or criminal sanctionsor administrative fines on empployers for hiring unauthorized workers, is pre-empted by the Federalimmigration legislation (IRCA).
Under the "Supremacy clause" the federal government retains the right to legislate on immigration matters. The Immigration and Nationality Act expressly precludes States fromimposing civil and criminal sanctionsexcept by way of licensing or similar laws.
The H-1B Interim Rule (posted 3/26/08)
The Rule is published in the Federal Register on 3/24/08 effective immediately andpublic comment period lasts until5/22/08.
The Rule precludes duplicate and multiple filing by an employer for the same foreign national. Related employers i.e. parent, subsidiary and affiliated companies are exempt from this preclusion. Each such related employer can file one petition for an employee if there is legitimate business need.
Also, petitions claiming exemptions erroneouslywould be penalized bydenial of the petition and fee will be retained.
In addition to the cap subject positions under the annual numerical limit of 65,000, the 20,000 positions for masters cap exemption are also subject to random selection process i.e. there would be two lotteries. The masters degree cap exempt applications would be picked throughthe lottery selection process (assumingsufficient masters cap petitions would be received to exhaust the availablevisa numbers)and those not so selected would thenagain be pooled for the lottery selection process for the cap subject positions.
Visa service at Belarus suspended (posted 3/25/08)
The state department isued a statement that the visa procesing service at the U.S. embassy at Minsk, Belarus, has been temporarily suspended and the number of American staff has been reduced to almost half. The American citizenship services will however continue to be provided. The statement indicates that the reduction in staffwas due to U.S. displeasure over Belarus government's lack of comitment to respect for human right and fundamental freedom. Learn more about the embassy at Minsk, Belarus,here.
The No-Match Rule: (posted 3/24/08)
Supplemental Proposed Rule with Employer Guidance on No-Match Letters is on its way to publication in the Federal Register. The proposed rule is issued by the Department of Homeland Security.
Earlier a no-match rule issued by the department on August 15, 2007 as an enforcement tool to crack down on the illegal hiring practices.The U.S. District Court for Northern California enjoined the Rule and the issue is under appeal in the Ninth Circuit.
Naturalization Interviews (posted 3/ 24/08)
Natz interviews are being scheduled during the after hours and on weekends as USCIS expands its work hours and staff to cope up with the increased number of Naturalization applications filed during 2007.
Indiana on Immigration (posted 3/3/08)
The immigration Bill in Indiana died as there was no agreement on the compromised version of the Bill. Earlier,the Senate and the House passed different versions of the Bill with clear margin. Howeverno conference committee meeting was scheduled to discuss and iron out the differences between the two versions.(posted 3/17/08).
Under the Bill, the employers were expected to face a three tier sanction for knowingly hiring unauthorized foreign nationals. Read more...
Civil penalties on employer sanctions to increase
The Civil penaltieson employers for knowingly hiring unauthorized aliens, are being revised. The raise in the penalty would include the inflation adjustment andis intended to act as sufficient deterrant on the employers. Also, the figures are being rounded off to multiples of hundred, thousand and ten thousand. Penalties greater than $200,000 would be rounded to multiples of $25,000. The amount of penalty is to be set by the Administrative Law Judge after a hearing and adjudication. Under the Regulations both DHS and EOIR can impose penalties for employer sanctions and document fraud. The rule revising the penalties would be effective March 27, 2008.
H-1B Newson Multiple Filing:
USCIS announced yesterday that an employer can not file multiple H-1B petitions for the same employee.
The policy decision is based on affording all the h-1b employersan equal ooportunity to hire.The USCIS will continue toreceive the H-1b petitions for the first five days of April 2008. Only 65,000of thesewill be accepted for processing. The applications are to berandomly selected by a computer generated lottery system.
Last year the total number of applications received was nearly three times the above mentioned numerical cap and the annual quota of available h-1bs was exhausted by the number of applications received in the first two days. The USCIS anticipates the same trend would repeat this year too.
Song on Travel Document requirement is relayednear the Borders
Customs and Border Protection (CBP) through its public affairs section is creating awareness that the travel documents are need to enter U.S.The CBP website claims that its officers wrote the jingle and the lyrics,sung by the Canadiancountry music artist, Shirley Myers. And that the song is being distributed to radio stations on the Canadian as well as the Mexican side of the U.S. borders to bring home the message that the new rules require travellers to produce documents to enter United States.
Changes in the H-2Aworker program proposed (posted 2/13/08):
Proposed changes to the H-2A (temporary or seasonal agricultural worker) programare published in the Federal Register. Salient features of the proposal include lesser wait outside U.S. to re obtain a new H-2A visa, longer grace period to remain in U.S. after expiration, new employer participation in E-Verifyif the worker seeks a change of employer, rulesrelating to which exit ports may be usedby the foreign national etc. So far there is no numerical limitation for this type of visa.
Indiana considers Immigration Bill (posted 2/13/08)
Senate Bill 335 is being discussed in the State Legislature. Among the prominent provisions are a three tier employer sanctions:first, warning then suspension oof license and next revocation of business license. The state law enforcement is to enforce immigration laws. The Bill is being heard today in the Statehouse at 9 a.m. and hearing is open to public.
Eligibility to Certificate of Citizenship:(posted 2/28/08)
A child born and residing outside U.S. is eligible to receive certificate of citizenshipifthe childis lawfullypresent in U.S. and subscribes to the Oath of allegiance, an Administrative Appeals Office holds.
State Immigration Law:(posted 2/11/08)
The Arizona Federal District Court in its decision dated 2/7/08 dismissed a facial challenge to the validity of the "Legal Arizona Workers Act" providing the Superior Court the authority to suspend or revoke business license of the employers who intentionally or knowingly hire the unauthorized aliens. Motion to grant injunction pending appeal against the dismissed action was also denied.
ReceiptingDelay (repost 2/12/2008) :
USCIS is running behind in issuing filing receipts (form I-797) that are used as evidence of filing of cases with it. The estimated delay in Adjustment of Status cases appears to be 12 weeks while the Naturalization and other cases may take about 15 weeks before USCIS may issue receipts. It is claimed that the backlogs would notinfluence the original date of receipt of filing cases and the receiptswhen issuedwould bear the date on which the case was originally received byUSCIS.
Cap Exempt H-1Bs to go to a Separate New Unit (posted 2/1/08):
USCIS announces that a new unitwould be created to receive the cap exempt H-1Bs in order to streamline their processing. The cap exempt H-1Bs here, include those petitions where the foreign national is sought to be employed by certain educational institutions e.g. universities, nonprofit organizations, related or affiliated to certain educational institutions, nonprofit research organizations and governmentalresearch organizations. There is no change regardingother cap exempt petitions e.g. extension of stay or change of employer or amendment, these petitions should be filedas before.
New TravelDocument Requirements for Citizens of U.S. and Canada effective (posted 1/31/08):
Effective today the new requirements relating to travel documents provided by U.S. an Canadian citizens seeking to enter U.S. apply. This change does not affect the nationals of other countries i.e. Mexican nationals can continue to enter U.S. with a passport and B1 or B2 nonimmigrant visa or a border crossing card and foreign nationals of other countries would be required to provide the visa and passport just as before. Birth certificate issued by federal, state, provincial or municipal authorityis requiredfor children 18 and under.
One of the following documents should be provided:
U.S. or Canadian passport, passport card (this document would be available from spring '08)*, trusted traveller card (Nexus, Sentri, or Fast)*, Enhanced driver's license issued by the State or province*, Enhanced tribal card (not available yet)*, U.S. military identification with military travel orders etc. To view the full list click here. (Documents marked with * would facilitate expedited processing.)
Travelers who do not have any of the above mentioned documents must providebothan identity document and a citizenship document from the following list of documents:
Identification documents: (must have photo, name anddate of birth) Driver's license or Identification card issued by a federal, state, provincial, county, territory or municipal authority, U.S. or Canadian military identification card.
Citizenship document: Birth certificate issued by U.S. or Canadian federal, state, provincial, county, territory or municipal authority, U.S. consular report of birth abroad, certificate of naturalization, certificate of citizenship, U.S. Citizen identification card, Canadian citizenship card, Canadian certificate of citizenship without photo.
The U.S. Government imp[ementsCuban Family Reunification Plan Program (CFRP) (posted 1/30/08):
Over 12,000 letters would be sent to those who had filed I-130 petitions for their family relatives residing in Cuba informing them of the implementation of the program. The beneficiaries under the I-130 petitions (the family relatives) would be eligible for parole into the U.S. The letter would direct what procedure to follow and that the petitioner is to contact the National Visa Center with the required documents so as to arrange beneficiary's interview at the U.S. Interest Sect. Contact NVC at tel: (603) 334-0700or email: here. The interview process is scheduled to begin March 3, 2008.
All travelers entering U.S. should provide documents of identification (posted 1/18/08):
Starting 1/31/08 allborder crossersthrough land or sea port are to produce documents of citizenship and identity. The system primarily affects the Canadians and U.S. citizensas oral declaration of citizenship would no longer be accepted. Failure to provide the required documents may cause delay until the identity and the citizenship of the person crossing the border may be verified.
In a statement issued today the Department of Homeland Security states that children 18 yrs, and younger should produce birth certificates while U.S. and Canadian Citizens 19 and older should present documentation of identity and citizenship from the specific list of acceptable documents, which may be checked here.
TPS reregistration period extended for Honduras and Nicaragua: (posted 11/23/2008)
Nationals of the two countries,who have been previously granted temporary protected status, could now re-register and maintain their status for anadditional period of 18months.
The re-registration period is now extended through 30 December, 2008.Also, validity of the employment authorization document of the eligible TPS beneficiaries from the two countries has been extended through July 5, 2009.
Labor Certification Expires 1/12/08 ( posted 01/03/08):
As per the Department of Labor rules all labor certifications approved before July 16, 2007 expire onJanuary 12th, 2008. An immigrant visa petition ought to be filed beforethe expiration date in order tomake useof those labor
certifications.
H-2B cap reached for the second half of 2008( posted1/3/08):
USCIS just announced that by January 2nd, 2008, it had received enough number of applications covering the congressionally mandatedquota for the second half of the fiscal year 2008 i.e. 33,000. With 01/02/08being the 'final receipt date' applications received after the date will be reject H-2B applications seeking new employment starting 10/01/08. Applications received till the final receipt date would pass through a computer generatedrandom selection process to fill the cap. The applications not so selected although received by January 2, 2008, would be rejected and the fee returned. American Immigration Lawyers' Association has issued a statement that the cap reached at such an early stage shows the inability of the immigration laws to meet the growing needs of the U.S. economy.
Identification Document Necessary for Entry into U.S. (posted01/03/08):
Under the current procedure certain citizens ofU.S., Canada and Bermudamay seekentry intoU.S. based on anoral declaration of citizenship.According to U.S.Customs and Border Protection (CBP)with thechange in policy such declaration would no longer be accepted. Effective01/31/08 all travelers entering U.S through land or sea would need to show proof of citizenship or identitye.g. birth certificate or other government issued documents e.g. driver's license. CBP retains the discretion to ask for more documents or create individual exceptions.
Consular Processing FeeRaise(posted 12/20/07):
In a public notice issued dated December 19, 2007, the Department of State issued an interim final rule raising the fee for non-immigrant visa and the Border Crossing Card (BCC) from the current$100 to $131 and the immigrant visa fee to $355.00. The fee increaseis toprovide funds to meet therising processing costof the visasbecause of the hightened security measures. The Departmentseeks public commentupto 2/29/08, and therules become effective on 1/1/08. To view the public notice and post your comments click here.
Older green cards with no expiration date still valid (reposted 12/14/07):
On 12/13/07 USCISreleased a statement that it is currently reviewing the 298 public comments aboutthe proposed regulationrequiring lawful permanent residents to replace their permanent resident cardsbearing no expiration dates with a new card. After reviewing and considering the public commentsthe final rules would be published in the Federal Register.
Untilpublication of the final rules the older permanent resident cards with no expiration dates hold valid. The statement notifies that the lawful permanent residents may choose to replace the cards now if desired; however, the rules do not require them to do so at this time. The rules when published would describe the application process and the time during which such applications would be accepted.
Earlier,USCIS clarified by its statement dt. 12/11/07thatpermanent resident cards (I-551) with no expiration dates are still valid and lawful permanent residents carrying these cards would continue to receive the benefits. The status quo is maintained until a final rule on the topic is implemented.
Overly restrictive Immimgration laws hurt U.S. economy and businesses (posted 12/12/07):
Microsoft decides to open an office in Vancouver, Canada. In a study conducted by the National Foundation for American Policy, an organizationof National acclaimdevoted to Immigration, trade and similar issues it is suggested that overly restrictive immigration laws and the arbitrary limits it imposes on the number of foreign workers permitted to enter U.S. work force every year is adversely affecting the U.S. economy andbusinesses of all sizes. Contributory factors may be lack of qualified U.S. workers, inability to bring in sufficient foreign skilled workers under the present immigration laws as opposed to Canadian laws that are friendly towards businesses.
The study links Microsoft's decision to establish an office outside U.S. as a probable outcome of the restrictive Immigration lawsand suggests that other businesses may follow suit.
No-Match Rule: USCIS appeals the order against(posted on 12/8/07) :
In a statement released on 12/5/07, the Department of Homeland Security, announced that the U.S. Govt appealedthedecision injuncting implementation of the 'No-Match Rule'.Earlier, the Immigration and Customs Enforcement Department had announced a rule proposing that the employersfollow a specific procedure in the event they receive a "No-Match letter" from the Social Security Administration (SSA). A No-Match letterbasically notifies the employer that his employee's name and social security number are not in conformity with SSA's records.
Interim Rules on Intercountry Adoption (posted on 12/3/2007):
Infurtherance of implementation of the U.S. ratification of the Hague Convention on "Protection of Children and Cooperation in Respect of Inter Country Adoption" the USCIS proposes to amend the immigration procedurerelating to adoption of children habitually residing in the Convention countries and makes other amendments necessary to adopt the Convention. 72 Fed.Reg.56831(2007). The interim ruleswent in to force November 5, 2007 andpublic comments are sought through December 3, 2007. The text of the Convention and the list of countries that are part of the Convention may be found at http://www.hcch.net.
Among other things the amendment requires new forms (I-800A: application for determination of suitability as adoptive parent and I-800: petition to classify Convention adoptee as immediate relative) to be filed.
The proposed amendment seeks to change the procedure in case of only those adoptions where the adoptive child habitually resides in a Convention country and has immigrated or would immigrate to U.S. as a result ofbeing adoptedby a United States Citizen parent. Cases where the child's immigration is not the immediate consequence of adoption remain unaffected by the amendment. E.g. where a United States Citizen parent adopts a child from a Convention country while habitually residing in that country with no present intent to bring the child to U.S. It remains to be seen whether thesameprocedure would be followed if the citizen parentbrings the child to U.S. at a subsequent date.
Disclaimer: The information contained herein is for general purpose only and not a legal advice. The contents posted herein may not beupdated andcarry noassurance of accuracy.
Protecting your immigration interest is my commitment.
Disclaimer: The information contained herein is of general interest only and is not a legal advice from me to you. The reader is advised to seek an independent legal advice on relevant matters of interest. Unless you have a written agreement with me for a fee you do not have a contractual relationship with me. The content posted herein may not be updated timely and carries no assurance of accuracy.
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