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Certain Non-criminal Removal Cases to be Reviewed & Administratively Closed

Administrator — Fri, 09 Sep 2011 10:25:55 +0000

On August 18, the Obama Administration announced the formation of a high-level working group to review approximately 300,000 pending removal cases and administratively close proceedings against individuals found to be a “low” enforcement priority. The review process, which will be conducted by members of the Departments of Justice and Homeland Security, is intended to ease the tremendous backlog in the immigration courts and to ensure that government resources are focused on cases involving the government’s highest immigration enforcement priorities—public safety, national security and border security. In determining whether to exercise prosecutorial discretion, working group members will take relationships of LGBT families into account, just as they will all other family ties. Although no category of cases will receive a blanket exercise of favorable prosecutorial discretion, certain categories of individuals—including veterans, long-time permanent residents, minors, the elderly, individuals who have been present since childhood, individuals with serious disabilities or health issues, nursing or pregnant women, and victims of domestic violence or other serious crimes—will receive particular attention. Respondents whose cases are administratively closed will be eligible to apply for an employment authorization document through USCIS.

Admission Issues for Lawful Permanent Residents

Administrator — Wed, 24 Aug 2011 22:17:29 +0000

When a lawful permanent resident is returning to the United States from a visit abroad, s/he is required to “apply for admission” by presenting a valid passport and lawful permanent resident card (green card) to the U.S. Custom and Border Protection Officer. A visitor presenting a tourist visa (B-1/B-2) or any other non-immigrant visa is also required to “apply for admission” by presenting a valid visa and a valid passport. In both cases, it is at the discretion of the U.S. Custom and Border Protection Officer to decide whether he will allow entry by the lawful permanent resident or visitor. Again, the mere possession of an entry document does not guarantee admission to the United States. Under the Immigration and Nationality Act (INA), the U.S. immigration laws, the Officer can apply section 212 entitled “General classes of aliens ineligible to receive visas and ineligible for admission” to deny entry to a lawful permanent resident or visitor.

If the U.S. Custom and Border Protection Officer denies entry to a visitor, the s/he will be requires to board a plane back to his or her native country. In the case of a lawful permanent resident, if the U.S. Custom and Border Protection Officer finds the lawful permanent resident inadmissible under section 212 of the INA, then the Officer will confiscate the lawful permanent resident card (green card) and issue a parole document, temporarily allowing the lawful permanent resident into the U.S. with the condition of him/her reporting to a U.S. Custom and Border Protection Office for further inspection or appear in Immigration Court for removal or deportation proceedings. My officer has represented many residents and visitors placed in these types of proceedings.

It is important for lawful permanent residents (or green card holders) to understand that merely returning to the U.S. once a year for a few days or even very often does not “automatically revalidate” a green card where the lawful permanent resident actually resides abroad. The U.S. Custom and Border Protection Officer can independently determine that the lawful permanent resident status has been abandoned based on evidence obtained during questioning at the border.

Welcome to the United States – Guide for New Immigrants

Administrator — Wed, 24 Aug 2011 22:02:25 +0000

Many newly admitted permanent residents do not know their rights while living in the United States.

Follow link to this guide to understand your rights and responsibilities as a lawful permanent resident.

http://www.uscis.gov/files/nativedocuments/M-618.pdf

Retrogression of Family Based Visas

Administrator — Tue, 15 Mar 2011 18:24:52 +0000

According to the January 2011 visa bulletin, the U.S. Department of State was issuing immigrant visas (or green cards) to siblings of U.S. citizen who filed a petition on or before January 1, 2002. However, the March 2011 visa bulletin indicates that there has been a retrogression and immigrant visas to siblings to U.S. citizens are being issued for petitions filed on or before January 1, 2000. This means there has been a halt to issuance of immigrant visas in the 4th preference category-siblings of U.S. citizens.
In general, there are only 65,000 visas available for siblings of U.S. citizens. If this retrogression is an indication that all 65,000 have been exhausted, then new visas will be available on October 1, 2011. This is unwanted news for siblings of U.S. citizen who have applied for adjustment of status or have their petitions pending at the Embassy. The fiscal year for issuance of immigrant visas is Oct. 1st to Sept. 30th.
What is visa retrogression?
Sometimes, a priority date that is current one month will not be current the next month. This is called visa retrogression, which occurs when more people apply for a visa in a particular category than there are visas available for that month. Visa retrogression most often occurs when the annual limit has been reached. When the new fiscal year begins on October 1, a new supply of visa numbers is available and usually, but not always, brings back the dates to where they were before retrogression

Increase in Immigration Filing Fees on 11/23/2010

Administrator — Fri, 05 Nov 2010 16:26:37 +0000

In the midst of the present economic crisis, U.S. Citizenship and Immigration Services (USCIS) has announced an increase in the filings fees of all applications except the naturalization application.
USCIS is a primarily fee-based organization, with about 90 percent of its budget coming from fees paid by applicants and petitioners for immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine the funding levels necessary to administer the nation’s immigration laws,
process immigration benefit requests and provide the infrastructure needed to support those activities.
USCIS’s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low. While USCIS received appropriations from Congress and made budget cuts
of approximately $160 million, this has not bridged the remaining gap between costs and anticipated revenue. A fee adjustment is necessary to ensure USCIS recovers the costs of its operations while also meeting the application processing goals.

New Permanent Resident (Green Card) Effective May 10, 2010

Administrator — Tue, 11 May 2010 13:10:58 +0000

As of May 10, 2010, the appearance of the I-551 card or green card will change. The production of the new Permanent Resident Card will commence on May 10th and will be the only version of the I-551 that will be issued. See sample image.

How to Record Departure From US

Administrator — Fri, 07 May 2010 05:06:05 +0000

If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your
passport, it is possible that your departure was not recorded properly. If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass – if you still have it – can help expedite your reentry next time you come back to the United States.

If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that
proves you left the United States to:
DHS – CBP SBU
1084 South Laurel Road
London, KY 40744

To validate departure, CBP will consider a variety of information, including but not limited to:
1. Original boarding passes you used to depart another country, such as Canada, if you flew home
from there;
2. Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
3. Photocopies of other supporting evidence, such as:
Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States, Dated bank records showing transactions to indicate you were in another country after you left the United States, School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.

Haitians Granted TPS Status in US

Administrator — Sat, 16 Jan 2010 02:16:36 +0000

January 15, 2010 (5:00pm EST) – Statement By Homeland Security Secretary Janet Napolitano

“As part of the Department’s ongoing efforts to assist Haiti following Tuesday’s devastating earthquake, I am announcing the designation of Temporary Protected Status (TPS) for Haitian nationals who were in the United States as of January 12, 2010. This is a disaster of historic proportions and this designation will allow eligible Haitian nationals in the United States to continue living and working in our country for the next 18 months. Providing a temporary refuge for Haitian nationals who are currently in the United States and whose personal safety would be endangered by returning to Haiti is part of this Administration’s continuing efforts to support Haiti’s recovery.

“At this moment of tragedy in Haiti it is tempting for people suffering in the aftermath of the earthquake to seek refuge elsewhere. But attempting to leave Haiti now will only bring more hardship to the Haitian people and nation. The international community has rallied to deliver relief to Haiti. Much has already arrived and much more is on its way. The Haitians are resilient and determined and their role in addressing this crisis in their homeland will be essential to Haiti’s future.

“It is important to note that TPS will apply only to those individuals who were in the United States as of January 12, 2010. Those who attempt to travel to the United States after January 12, 2010 will not be eligible for TPS and will be repatriated.

New Rules for Issuance of FL Driver’s License Effective Jan. 1, 2010

Administrator — Fri, 08 Jan 2010 19:10:14 +0000

For an Original Driver License or Identification Card, Florida law requires proof of identification, social security number and proof of residential address from all customers before a driver license or identification card can be issued. The name assigned to the social security number must match the name that will appear on the Florida driver license or identification card. If you have recently changed your name, update your records with the Social Security Administration before you apply for your license or identification card. Each applicant who applies for an original driver license or identification card must submit:

IMMIGRANTS:

I. Primary Identification – Each immigrant who applies for an original driver license or identification card must submit:

Valid Alien Registration receipt card, (Green card, Form I-551); or
I-551 stamp in passport or on I-94; or
Immigration Judges Order, with the customer’s A-number, granting asylum; or
I-797, with the customer’s A-number, stating the customer has been granted asylum; or
I-797 or another form from the Bureau of Citizenship and Immigration Services, with the customer’s A-number, stating the customer’s application for Refugee status is approved

II. Proof of Social Security Number

III. Proof of Residential Address

NON-IMMIGRANTS:

I. Primary Identification – Each non-immigrant who applies for an original driver license or identification card must submit:

Employment authorization card issued by the United States Department of Justice (Form I688B or I-766); or
Proof of nonimmigrant classification provided by United States Department of Justice (Form I-94, not expired, with required supporting attachment(s).

If in doubt regarding required documents, please bring all of your US BCIS documentation with you.). I-94s must be accompanied by a Passport. Certain classifications require additional documentation.

II. Proof of Social Security Number (if issued) Non-Immigrants who have never been issued a Social Security card are not required to obtain a letter from the Social Security Administration.

III. Proof of Residential Address

Immigration Reform Bill Introduced by Congressman Gutierrez (D-IL)

Administrator — Tue, 15 Dec 2009 18:57:18 +0000

Washington D.C. – Today, Congressman Luis V. Gutierrez (D-IL) introduced the Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 (CIR ASAP), in the House of Representatives. The 87 original co-sponsors of the bill include members of the Congressional Hispanic Caucus, Black Caucus, Asian Pacific American Caucus, and Progressive Caucus.

The necessity of comprehensive immigration reform stems from a long-neglected immigration system that has failed to keep up with our nation’s changing needs, resulting in breakdowns that have crippled our ability to regulate immigration adequately, protect our borders, reunite families, and foster economic opportunity.

The CIR ASAP bill includes many of the elements necessary to bring our immigration system in tune with the current social and economic demands of our nation including, family reunification, restoration of judicial discretion, a generous legalization program, sensible law enforcement, and creative, if untested, answers to future immigration flows.

“Our current immigration system fails to reflect the realities of 21st century America, and CIR ASAP begins to deal with these failings and sets us on a path towards enacting fair and humane immigration policies,” said Mary Giovagnoli, Director of the Immigration Policy Center. “We need to move forward, even in tough economic times, if we wish to ensure the future growth and prosperity of our nation. Introduction of this bill jump starts the New Year, providing a vehicle for other lawmakers to react to and build upon. We expect many more proposals in the Senate and House in the coming months and urge lawmakers to make this a fact-based debate with the goal of passing reform in 2010.”

“While the Gutierrez bill doesn’t have all the answers, it begins the dialogue in Congress,” said Ben Johnson, Executive Director of the American Immigration Council. “The bill reflects the political realities within the House of Representatives, and as such does not include some of the necessary reforms for ensuring economic prosperity which Gutierrez has long supported. It is clear that what makes good policy does not always make good politics. However, the bill makes a significant contribution to restoring due process and discretion to the immigration system, and serves as a starting point for bringing more voices to the table.”