Visa Lawyer Blog

U.S. Citizenship and Immigration Services (USCIS) today announced that it has posted a revised Application to Register Permanent Residence or Adjust Status, Form I-485. In addition to a revised form, there are new filing locations. The changes are part of an overall effort to transition the intake of USCIS benefit forms from Service Centers to Lockbox facilities. Centralizing form and fee intake allows USCIS to provide the public more efficient and effective initial processing of applications and fees.

Beginning February 25, 2010, most applicants must submit Form I-485 to a USCIS Lockbox facility, depending on the eligibility category under which they are filing, as provided in the form instructions. USCIS Service Centers will forward all Form I-485 applications to the appropriate Lockbox facility until March 29, 2010. USCIS will accept previous versions of Form I-485 until March 29, 2010. After March 29, 2010, USCIS will only accept the Form I-485 dated “12/03/09.”Any previous versions of the the form that are submitted will be rejected. After the transitional period, the Service Centers will return any incorrectly filed Form I-485 with instructions to send the application to the correct location.

At this time, applicants should not concurrently file Form I-485 with an Immigrant Petition for Alien Worker (Form I-140) at a USCIS Lockbox facility. Refer to the Form I-140 filing Instructions for information on how to file forms concurrently.

When filing Form I-485 at a Lockbox facility, you may elect to receive an email and/or text message notifying you that USCIS has accepted your application. To receive notification, you must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of your application.

For more information on USCIS programs, visit or call the National Customer Service Center at 1-800-375-5283.

On March 1, U.S. Citizenship and Immigration Services welcomed 50 new citizens at a special citizenship ceremony at the Robert F. Kennedy Department of Justice’s Great Hall. U.S. Assistant Attorney General for Civil Rights Tom Perez delivered keynote remarks, and USCIS Director Alejandro Mayorkas will administer the Oath of Allegiance.
Each year, hundreds of thousands of immigrants choose to become American citizens by taking the Oath of Allegiance at naturalization ceremonies across the United States and overseas.
Here are the Citizenship Statistics:
2001-2010: During this decade, the United States welcomed more than 5.6 million new citizens, including more than 744,000 people during fiscal year 2009 and more than 138,000 in the current fiscal year. Since September 2001, USCIS has assisted more than 55,000 members of the military to become naturalized U.S. citizens.

1991-2000: Approximately 5.6 million individuals became U.S. citizens during this period,
doubling the number from the previous decade. The late 1990s also marked another shift in
naturalization demographics, with those of Mexican decent yielding the most naturalized citizens, followed by Vietnamese and Filipinos.

1981-1990: Nearly 2.3 million people were naturalized during the 1980s, nearly half of whom
came from Asia. Together, Canada and Mexico accounted for more than one quarter of the
remaining new citizens.

1971-1980: The United States welcomed approximately 1.5 million new citizens during the 1970s. The Philippines, Cuba, and China were the leading countries of origin. This trend represented a shift from the 1960s, when the largest number of new citizens came from Europe. An estimated 66,000 members of the U.S. military were naturalized during this decade.

1908: The United States naturalized approximately 25,975 individuals.

1907: The United States naturalized approximately 7,941 individuals.

The Bureau of Consular Affairs with the Department of State has issued a proposed rule to increase certain immigration fees on Dec. 11, 2009. According to the notice, the fee for processing applications for most non-immigrant visas that do not require petitions and adult Border Crossing Cards will be increasing from $131 to $140. Additionally, some petition-based non-immigrant visas, along with the treaty trader and investor visa, will also see an increase in application fees. The rule will also increase the fee for Mexican citizen minors who apply for entry from Mexico and whose parent or guardian either has a Border Crossing Card or is in the process of applying for a card, from $13 to $14.

These fee increases are being implemented, the Department of State says, in response to results from a recent independent cost of service study that found that the U.S. Government is not fully covering the expenses of processing these visa types with the current level of fees. Written comments regarding this proposed rule may be submitted up to 60 days from the publication of this notice in the Federal Register. We keep you posted on this.

Excellent article from Businessweek, instead of encouraging the first brain drain in U.S. history, the country should create a program to welcome funded startup entrepreneurs.

Vivek Wadhwa argues that

It's time to bring the immigration question squarely into the debate over jobs. A change to immigration policy could help create jobs and rev up economic growth. It's a change that wouldn't be hard to bring about. I'm talking about the establishment of a Startup Founders Visa program.

The program would make it easier for those with great ideas and the desire to start a company to live and work in the U.S. The idea is simple, yet powerful. By letting in company founders, the U.S. would bring in risk-takers who want to create jobs and potentially build the next Google (GOOG), Cisco Systems (CSCO), or Microsoft (MSFT). This is an excellent idea, as such founders will create jobs for Americans. Currently, only the E2 non immigrant visa and EB5 Immigrant visa allow self starters to create compnaies by investing funds. While the E2 and EB5 are good options, they are not addressing the need for a specific visa for brainy individuals that have great ideas, but are lacking funds. We still need them to fuel the next big discovery that will lead to that start up creation.

Read the BW article here...

Vice President Joe Biden said that Obama administration's new surge-and-exit troop strategy in Afghanistan is aimed more at wringing reforms from President Hamid Karzai than mollifying a war-weary American public. Appearing on network news shows a day after President Barack Obama announced his plan to send in 30,000 more U.S. forces, Biden said the principal aim of the new policy is to protect the United States from further terrorist attack while also keeping the Taliban from overrunning the country.

Biden also added when asked about doubts he was said to have had about escalating the war. Biden said "I've never publicly said what my position is because I reserve that for the president," he replied. "But I was skeptical of taking our eye off the ball. The ball is al-Qaida. That's the reason we're there. They are in Pakistan, the Taliban leadership is in Pakistan. And I wanted to make sure the focus stayed on those two elements of our concern and didn't sort of morph into a nation-building exercise that would tie us down for 10 years and in fact not be of any assistance in meeting what is the real threat to the U.S. – that is al-Qaida and the most extreme forces that are in Pakistan and wanting to topple Pakistan."

Democrats complained about Obama's escalation of the 8-year-old war, however. And Republicans are unhappy with his promise to withdraw troops in 18 months. But Congress appears nevertheless willing to approve the buildup's $30 billion price tag. Many Democrats said they weren't convinced that sending more troops would hasten an end to the war. They also question whether the money used for troop deployments will drain resources from other domestic priorities, like health care and job creation.

Obama pledged Tuesday night to an audience of Army cadets at the U.S. Military Academy that the shift from surge to exit strategy would depend on the military situation in Afghanistan. "We will execute this transition responsibly, taking into account conditions on the ground," Obama said, declaring that the nation's security was at stake and that the additional troops were needed to "bring this war to a successful conclusion."

Sen. Carl Levin, chairman of the Senate Armed Services Committee, which planned to grill top administration officials Wednesday on Obama's decision, said that he expected the administration to submit a new war spending request and that Democrats would back it.
The planned infusion of 30,000 U.S. troops would raise the total American military presence in Afghanistan to about 100,000.

However, we hope that Obama administration will also look at the root causes of expansion of Terrorist activities in the related areas. Let’s hope that this buildup of additional Troop with huge price tag will not impact our other important domestic requirements.

We can all laugh to a good joke form time to time, but this story is not funny at all. Target Corp., based in Minneapolis, has apologized for selling a Halloween costume that came under fire for its "illegal alien" theme.The company said it was sorry for selling the $39.99 costume that included an orange jumpsuit emblazoned with the words "illegal alien," a large imitation green card and a space alien mask.

Read more here...

India has expressed its concern to the Chinese government over Beijing issuing visas on a separate sheet of paper to Indian nationals from Jammu and Kashmir instead of stamping them in their passports. Ministry of External Affairs (MEA), India strongly believes this, as a well-thought-out strategy to question the status of its state Jammu and Kashmir. It has been issuing visas stapled to passports to people from Arunachal Pradesh who have traveled to China since 2007.

MEA spokesperson Vishnu Prakash says “We have conveyed our concern to the Chinese government in this regard. It is our considered view and position that there should be no discrimination against visa applicants of Indian nationality on grounds of domicile or ethnicity.”
It’s not clear when the Chinese started issuing visas on a separate sheet of paper to Indian travelers of Kashmir. The matter came to light when immigration authorities at New Delhi International Airport, India turned away Kashmiris carrying the standalone visas, assuming they were fakes. The Chinese embassy however issued letters confirming that it had issued valid visas. The matter was then brought to MEA’s notice, prompting it to take up the issue with Beijing. Immigration authorities have been directed to treat the standalone visas as invalid.

This is just to brought some Immigration development in other parts of world. We strongly belief that both the Asian neighbors will resolve such issues amicably soon.

Wilmer Rivera Melendez, 61, pretended to be a lawyer and offered to help more than a dozen undocumented Guyanese immigrants in Brooklyn to get green cards, has been indicted in an immigration fraud scheme in which he is accused of offering to marry two illegal Guyanese immigrants in Brooklyn to help them gain legal status. Robert M. Morgenthau, the Manhattan district attorney, also added that this man was earlier convicted of bigamy in Georgia six years ago.

Mr. Morgenthau claimed himself having 20 year of experience as a lawyer, filed documents with immigration authorities for “withholding of removal” that would have allowed immigrants to remain in the country and obtain green cards, which is actually does not allow one to obtain a green card. Instead, Mr. Melendez’s actions led federal immigration officials to begin deportation proceedings against the 14 Guyanese immigrants. The law provides for illegal immigrants who are victims of violent crime to receive temporary visas, but not victims of fraud.

Federal Reserve Chairman Ben Bernanke said that on September 15, 2009, the worst recession since the 1930s is probably over, although he cautioned that pain - especially for the nearly 15 million unemployed Americans - will persist. Bernanke said the economy likely is growing now, but he warned that won't be sufficient to prevent the unemployment rate, now at a 26-year high of 9.7 percent, from rising. The recession, which started in December 2007, has claimed a net total of 6.9 million jobs.

With expectations for a lethargic recovery, the Fed predicts that unemployment will top 10 percent this year. The post-World War II high was 10.8 percent at the end of 1982. Some economists say it will take at least four years for the jobless rate to drop down to a more normal range of 5 percent.

Analysts predict the U.S. economy is growing in the current quarter, which ends Sept. 30, at an annual rate of 3 to 4 percent. It shrank at a 1 percent pace in the second quarter, much slower than in previous quarters. While many on Wall Street have been encouraged by early signs of stabilization in U.S. home prices and hope the housing market may have hit bottom, others aren't so sure.

Still, Bernanke's declaration that the recession likely ended marked his most optimistic assessment yet of the economy. And his remarks came on the same day that the government report that retail sales jumped 2.7 percent in August, the most in more than three years. All this helped to lift stocks on Wall Street. The Dow Jones industrial averaged gained nearly 57 points to 9,683.41, its highest finish since Oct. 6. He said that the economy is coping with "ongoing headwinds," including hard-to-get-credit for consumers and businesses, and households saving more, spending less and trimming their debt. Those forces can weigh down the recovery, he said.

Four hundred twenty-three criminal aliens from 36 different countries were removed last month by deportation officers from the U.S. Immigration and Customs Enforcement (ICE) Miami Field Office of Detention and Removal. The Miami Field Office oversees operations in Florida, Puerto Rico and the U.S. Virgin Islands. The individuals who were removed had a variety of criminal convictions including assault, burglary, drugs, fraudulent activities, larceny, robbery, sexual assault and weapons offenses.

Michael Rozos, field office director for the Miami Field Office of Detention and Removal said "These recent removals are an example of ICE's commitment to remove those who pose a public safety threat and that these removals will continue taking place as we enforce our nation's immigration laws."

ICE's Office of Detention and Removal (DRO) promotes public safety and national security by ensuring that all removable aliens are removed from the United States as expeditiously as possible. As an integral component of the ICE DRO aviation strategy, ICE employs special air charters when removing aliens to countries outside the western hemisphere. Staffed by ICE officers, these air charters repatriate large groups of removable aliens in an expeditious, safe and humane manner, thus reducing detention periods.

The owner of a southwest Missouri roofing company pleaded guilty in federal court Monday to hiring illegal aliens as a result of a worksite enforcement investigation conducted by U.S. Immigration and Customs Enforcement (ICE). Assistant U.S. Attorney Robyn L. McKee, Western District of Missouri, is prosecuting this case.

Russell D. Taylor, 31 of Bolivar, MO admitted that from August 2006 through April 2008, he hired, contracted and sub-contracted for hire to obtain illegal aliens to work for him. By pleading guilty, Taylor also agreed to forfeit to the government $185,363, which represents the amount of proceeds obtained as a result of the offense. Under the terms of the plea agreement, the government and Taylor agreed that a fine of $36,000 is appropriate, representing a $3,000 fine for each of the 12 illegal aliens who worked under the supervision of Juan Pacheco-Herrera. Pacheco-Herrera pleaded guilty in a separate but related case to harboring illegal aliens.

Taylor has waived his right to a grand jury and was pleaded guilty on Sept. 14 before U.S. Magistrate Judge James C. England, Western District of Missouri. The government and the defendant also agreed that five years of probation is a reasonable and just sentence in this case. As a condition of his probation, Taylor must implement an employment-compliance plan and pay the $185,363 money judgment in monthly installments during the first 30 months of probation.

Continue reading "Missouri roofing company pleads guilty for hiring illegal aliens" »

On September 22nd a redesigned USCIS.gov web site will be launched. In response to customer feedback, from March to June 2009, USCIS conducted focus group discussions, usability tests, and surveys regarding general functionality of the website with a broad cross-section of users.

Based on the findings, a design has been approved and is currently in development. The improved design of USCIS.gov follows four core principles:

* A customer-centric homepage that provides applicants with a “one-stop shop” of immigration services information.
* Simplified navigation and improved search capability.
* Enhanced customer service tools including expanded Case Status Online with both email and text functionality.
* Information that is written clearly and meets the needs of customers.

I will analyze the design in the next few days, and will provide our feedback to our readers.

Department of Homeland Security (DHS) Secretary Janet Napolitano announced on August 27, 2009, new directives to enhance and clarify oversight for searches of computers and other electronic media at U.S. ports of entry—a critical step designed to bolster the Department’s efforts to combat transnational crime and terrorism while protecting privacy and civil liberties.

“Keeping Americans safe in an increasingly digital world depends on our ability to lawfully screen materials entering the United States,” said Secretary Napolitano. “The new directives announced today strike the balance between respecting the civil liberties and privacy of all travelers while ensuring DHS can take the lawful actions necessary to secure our borders.”

The new directives address the circumstances under which U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) can conduct border searches of electronic media—consistent with the Department’s Constitutional authority to search other sensitive non-electronic materials, such as briefcases, backpacks and notebooks, at U.S. borders.

The directives, available at DHS.gov, will enhance transparency, accountability and oversight of electronic media searches at U.S. ports of entry and includes new administrative procedures designed to reflect broad considerations of civil liberties and privacy protections—measures designed to ensure that officers and agents understand their responsibilities to protect individual private information and that individuals understand their rights.

Searches of electronic media, permitted by law and carried out at borders and ports of entry, are vital to detecting information that poses serious harm to the United States, including terrorist plans, or constitutes criminal activity—such as possession of child pornography and trademark or copyright infringement.

CBP will also provide travelers subject to electronic device searches with clear and concise material informing them of the reasons for the search, how their data may be used and detailed information about their constitutional and statutory rights. DHS conducts border searches of computers and other electronic media on a small percentage of international travelers seeking to enter the United States—searches often as basic as asking a traveler to turn on a device to ensure it is what it appears to be.

Between Oct. 1, 2008, and Aug. 11, 2009, CBP encountered more than 221 million travelers at U.S. ports of entry. Approximately 1,000 laptop searches were performed in these instances—of those, just 46 were in-depth.

The new directives will also allow DHS to develop automated, comprehensive data collection and analytic tools to facilitate accurate, thorough reporting on electronic media searched at the border, the outcomes of those searches and the nature of the data searched—further enhancing transparency and accountability

Hundreds of American Apparel Inc. workers must leave the company because they were unable to prove their immigration status or fix problems with their employment records, the bottom line is that almost 1600 workers were not legally allowed to work in the US.

ICE first conducted an inspection of American Apparel in early 2008 to determine if the company was complying with immigration laws. This past July, American Apparel received notification from ICE that the agency had been unable to verify the employment eligibility of approximately 200 American Apparel employees, and, based on ICE's review of government databases, another 1,600 American Apparel employees did not appear to be authorized to work in the U.S.

Although the dismissals amount to more than 10% of American Apparel's roughly 10,000-employee workforce, the company doesn't expect problems for its business. American Apparel has a track record of being a strong advocate for immigration reform. The clothing company's "Legalize LA" campaign is an integral part of the company's culture. A combination of advertising, education and resources on American Apparel's website shows just how committed the company is to raising awareness on the subject of immigration.

Here is what the company's CEO had to say:

It is my belief that immigrants bring prosperity to any economy. They become motivated workers, and they sometimes become motivated business owners like me. They bring fresh ideas, optimism, and passion to any economy and they help contribute to a prosperous future.

Although many people forget, migration has been going on for thousands of years, and it will continue for ever. My true dream is that one day we will all live in a world without borders.

This is just one example of how Immigration enforcement is on the rise, the only questions is who is next.

Read the CEO's letter here

Wishing all our readers a happy Labor Day,and all the joys of a beautiful autumn. Make sure to take some time to relax and enjoy.

The editors at ilw.com wrote a nice greeting for Labor Day:

The first Labor Day holiday was celebrated in 1882 to pay tribute to American workers. We recognize and pay tribute to all workers in the US - both documented and undocumented - who work hard everyday to contribute to our great country.

San Diego Immigration lawyer informed that the Department of Homeland Security, USCIS has submitted the information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the Federal Register on June 9, 2009, at 74 FR 27339, allowing for a 60-day public comment period. USCIS did not receive any comments for this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until October 2, 2009. This process is conducted in accordance with 5 CFR 1320.10.
Written comments and suggestions especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Management and Budget (OMB) USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Products Division, Clearance Office, 111 Massachusetts Avenue, Washington, DC 20529-2210. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov, and OMB USCIS Desk Officer via facsimile at 202-395-5806 or via oira_ submission@omb.eop.gov.
We suggest when submitting comments by e-mail please make sure to add OMB Control Number 1615-0035 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

The current medical exam Form I-693 has expired on August 31, 2009. The USCIS will continue to accept this form despite its expiration date until a revised form is published. The revised form is currently in progress and not yet available. Please submit the completed Form I-693, sealed in an envelope from the physician, with your Form I-485 package, to the Service Center or District Office where you are filing your adjustment of status application.

U.S. District Court for the District of Maryland, Southern Division on August 25, 2009, denied the U.S. Chamber of Commerce's challenge to an amendment to the Federal Appropriation Regulation (FAR) that makes E-Verify mandatory for federal contractors. As a result, as of September 8, 2009, the FAR requires participating vendors and flow-down subcontractors to initiate E-Verify for all active and new employees. Hence, U.S. Citizenship and Immigration Services has reminded Federal contractors and subcontractors to use the E-Verify system to verify their employees’ eligibility to work in the United States effective Sept. 8, 2009. Janet Napolitano, Department of Homeland Security Secretary recently stressed on the need for employment eligibility verification by announcing the Administration’s support for the regulation that will award federal contracts only to employers who use E-Verify to check employee work authorization. Companies awarded a contract with the E-Verify clause after Sept. 8 will be required to enroll in E-Verify within 30 days of the contract award date.
E-Verify will be used to confirm that all new hires, whether employed on a federal contract or not, and existing employees directly working on these contracts are legally authorized to work in the United States. The Federal Acquisition Rule; Case 2007-013; Employment Eligibility Verification extends use of the E-Verify system to covered federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds.

Attorney General Andrew M. Cuomo announced on August 20 that his Office has shut down three New York companies providing unauthorized and fraudulent legal services to immigrant communities, in the latest stages of his ongoing investigation into immigration fraud. Under the terms of the agreements secured by Cuomo’s Office, Immigration Solutions and Systems, Inc. of New York, Alisandra Multiservices, Inc. of Brentwood, Long Island, and All Immigration Services of Great Neck, Long Island are permanently barred from operating a business that provides immigration-related services and must collectively pay approximately $118,000 in penalties.
Cuomo also announced separate lawsuits filed today in New York State Supreme Court against three additional companies providing legal services to immigrants which they were neither authorized nor accredited to provide. According to the lawsuits filed today in New York State Supreme Court, Immigration Community Service Corporation of Manhattan, and Professional Solutions Consultants (doing business as Reliable Clerical Services and Reliable Immigration Services), and Centro Santa Ana, both located in Queens, offered legal counsel to immigrants without being licensed attorneys or having the proper accreditation. In thousands of cases across New York City and Long Island, these companies unlawfully filed immigration petitions with United States Citizenship and Immigration Services (USCIS) on behalf of immigrants and their families, jeopardizing efforts to obtain legal status.
“The consequences of bad legal advice can be absolutely devastating,” said Attorney General Cuomo. “Fraudulent legal services can haunt individuals and their families for a lifetime. Companies and individuals that represent someone in a legal proceeding without having the authority to do so must be stopped, and my office will hold them accountable.”
The settlements also require the companies to notify all former and current clients in writing that they are no longer providing any immigration-related services and to submit quarterly reports to the Attorney General of any complaints from the public.
The lawsuits against Immigration Community Service Corporation, Professional Solutions Consultants, and Centro Santa Ana allege that the companies and their owners not only gave unlicensed legal advice and fraudulently filed petitions with USCIS, but also failed to provide consumers with written contracts in both the consumer’s native language and English, as required by law. The lawsuits seek to permanently bar the companies and their owners from providing immigration-related services in the future and seek penalties for these actions.

This is the latest development in Attorney General Cuomo’s investigation, which began with a lawsuit against Miriam Hernandez of Queens for defrauding dozens of immigrants of more than $250,000. In addition, in May 2009 Cuomo issued more than 50 subpoenas to companies and individuals who are allegedly engaged in immigration services fraud.

It is our suggestions to Individuals who have been a victim of immigration assistance fraud are urged to contact the Attorney General’s Immigration Services Fraud Unit Hotline at (212) 416-6149.

Facebook be careful, DHS now offers a social network website called Our Border that allows for an open dialogue with a wide network of people interested in Southwest border issues. The website offers groups such as Comprehensive Immigration Reform, USCIS, CBP, and ICE.

I guess they have a lot of resources from our filing fees:))