The Department of State (DOS) released the Visa Bulletin for July 2008. The visa bulletin provides information regarding the availability of immigrant numbers every month. Consular and Citizenship and Immigration Services officers report the number of applicants for permanent residence. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be given a number.

click here to view the visa bulletin for the month July.

Although current EB1 and EB2 (except for China and India) categories are close to the annual numerical limit and the EB3 category is unavailable to the numerical limit.

In the Family based categories, retrogression has slightly changed, except for 2A category for Mexico, which is now unavailable. 

 Angela M. Lopez

Categories: Employment Immigration, Family Immigration |

On June 9, 2008, Chertoff annouced that USCIS will begin issuing two year work permits, instead of one year work permits, for certain individuals who have pending adjustment of status cases (pending green cards).  To read the release, click here.

By Michelle Richart

Categories: Employment Immigration, Family Immigration, Medical Professionals, Blogroll, General |

In order to help expedite applications and due to recent delays in naturalization applications, USCIS just announced that it will begin a centralized processing procedure.  To read the release, click here.

By Michelle Richart

Categories: Employment Immigration, Family Immigration, Blogroll, General |

On June 6, 2008, the Department of Homeland Security released the following press release:

 For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

The U.S. Department of Homeland Security (DHS) announced today the launch of three initiatives – the Global Entry pilot program, the Passenger Service Program, and an expanded Model Ports Initiative – intended to strengthen customer service at U.S. ports of entry.

“Perhaps the single criticism we hear most from international travelers is frustration with the entry process,” said Homeland Security Secretary Michael Chertoff. “We’re committed to a more welcoming environment for the roughly one million foreign travelers arriving at our ports each day. These initiatives will reduce much of the frustration and anxiety we encounter, and make it easier on our frontline personnel to focus even more on actual security and criminal risks.”

Global Entry is a customer service and security program designed to expedite the screening and processing of pre-approved, low-risk travelers entering the U.S.* Currently only U.S.Citizens and Lawful Permanent Residents (LPR) are eligible to join.** The pilot starts today at George Bush Intercontinental, John F. Kennedy International and Washington Dulles International airports. Global Entry applicants will voluntarily provide their biographic and biometric information, undergo a background check and complete an interview with a U.S. Customs and Border Protection (CBP) officer. Once accepted, Global Entry travelers can use a kiosk at any of the three pilot airports to verify their identity electronically and make any needed customs declarations. CBP has been accepting applications at www.cbp.gov/travel since May 12.

Under the new Passenger Service Program, CBP Program Service Managers will serve as a dedicated point of contact for identifying and resolving passenger issues. The initiative promotes customer service techniques in officer interactions with the traveling public, and includes joint efforts with the private sector and industry stakeholders to reduce wait times through the use of improved signage and technology. The program will be established at CBP’s top 20 Model Ports.

The department also is expanding the Model Ports Initiative to 18 additional airports. Originally established in 2006 as part of the Rice-Chertoff Initiative, Model Ports has enhanced border security with the use of the new technology while streamlining security processes and facilitating travel for legitimate visitors. In addition to brochures and increased signage, a new video, currently available in Spanish, French, German and English, will assist travelers through the customs and immigration process by providing practical information about the entry process and required entry documents and forms.

In a related effort, CBP is providing wait times online at www.cbp.gov for 16 of the busiest international airports and pedestrian wait times for 12 land border crossings in Arizona, California, and Texas.

###

* Removed the word “foreign”; ** added sentence, June 6, 2008.

 By Michelle Richart

Categories: Employment Immigration, Family Immigration, Blogroll, General |

This month the Office of the Inspector General released the results of their FBI Security Procedures Audit.  The redacted, 123 page report released to the public summarizes the current FBI name check program, it’s deficiencies, and makes recommendations.

Notably, last year, the FBI received 4 million name check requests and approximately 14% of those checks took more than 60 days, many taking several months.  The report also notes that approximately 50,000 naturalization applications are still pending background checks initiated more than one year ago and the same is true for approximately 45,000 application to adjust status to permanent resident.

 To read the report, click here. 

 By Michelle Richart

Categories: Immigration Litigation and Removal, Legislation and Policy, Family Immigration, Medical Professionals, Blogroll, General |

On May 16, 2008, USCIS issued the newest Fact Sheet regarding the process for Iraqi refugees which outlines the proceedures for Iraqis located both in and outside of Iraq.  To read the Fact Sheet, click here.

 By Michelle Richart

Categories: Immigration Litigation and Removal, Family Immigration, Blogroll, General |

Apparently in early 2008, Customs and Border Protection (CBP) received approximately one million I-94 Arrival-Departure cards that were misprinted. Specifically, they each were missing one digit. I-94s should have eleven digits, comprised of nine digits, a space, and then two more digits. We are advised that the misprint has caused problems with people getting Social Security cards due to this error.

CBP has reported that the defective I-94 cards have been recalled and replaced. A person with a misprinted I-94 may request that CBP issue a new card through Deferred Inspection or at a Port of Entry.

By: Martha James

Categories: Employment Immigration, Employer Compliance, Family Immigration, General |

The Department of State (DOS) released the Visa Bulletin for June 2008.ted retrogression in the F2A category for Mexico. Section E notes that the Employment Third preference category is close to the annual numerical limitThe visa bulletin provides information regarding the availability of immigrant numbers every month. Consular and Citizenship and Immigration Services officers report the number of applicants for permanent residence. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be given a number.

click here to view the visa bulletin for the month June.

Section D notes expected retrogression in the Family 2A category for Mexico and Section E notes that the Employment Third preference (EB3) category is close to the annual numerical limit.

By Angela M. Lopez

Categories: Employment Immigration, Family Immigration |

In March, 2008, the 8th Circuit held that an individual who checked the box on the I-9 Form given to him by a private employer stating that he was U.S. Citizen was found inadmissible.  Despite marrying a U.S. Citizen five years later and claiming that someone instructed him to check the box so that he would be able to work, the petitioner is ineligible for permanent residency.   The court reasoned that in checking that he was a U.S. Citizen on his I-9 form to a private employer, the petitioner was fraudulently seeking a benefit under the Immigration and Nationality Act.

To read the case, Rodriguez v. Mukasey, click here.

 By Michelle Richart

Categories: Employer Compliance, Employment Immigration, Immigration Litigation and Removal, Family Immigration, Medical Professionals, Blogroll |

The visa bulletin provides information regarding the availability of immigrant numbers every month. Consular and Citizenship and Immigration Services officers report the number of applicants for permanent residence. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be given a number.

Click here to view the visa bulletin for the month May

By Angela M. Lopez

Categories: Employment Immigration, Family Immigration |