Articles Posted in News

This recent final rule from the Department of State amends the Department of State’s regulations relating to the application for a nonimmigrant visa, to generally require all applicants, with certain exceptions, to provide a set of ten scanned fingerprints as part of the application process.

The scanning of ten fingerprints of nonimmigrant visa applicants has already been implemented. For the purposes of verifying and confirming identity, conducting background checks, and to ensure that an applicant has not received a visa or entered into the United States under a different name, the Department of State may use the fingerprints in order to ascertain from the appropriate authorities whether they have information pertinent to the applicant’s eligibility to receive a visa and for other purposes consistent with applicable law, regulations, and Department policy. Expect more lines at the airports for sure!!

USCIS announced that in support of the initiatives of the National Ombudsman of the U.S. Small Business Administration, U.S. Citizenship and Immigration Services (USCIS) announces adoption of a small business non-retaliation policy.

If a small business questions or lodges a complaint regarding a USCIS policy (for exanple the practices of ICE raids and hiring illegals or action or seeks help from others to deal with such a policy or action, USCIS will not retaliate against that small business in any fashion. The full policy is established by this notice.

Read the policy here Download file

Here is a true story that can happen from time to time. Client send his case to USCIS via DHL, the case never reaches USCIS as DHL loose the package. Client re files the case using FEDEX, and cancels the first check. Fedex package reaches USCIS and a case is created. A week later the first package is finally delivered, but the check is canceled. USCIS issue a request for the funds via a collection notice. What is a client to do? Pay the money first and later ask for a refund. Yes, that is the current policy.

But how do you actually ask for a refund from USCIS?

The memo from Acting Director Scharfen states that clarifications were made and the USCIS Adjudicator’s Field Manual was updated in March 2008. This update instructs applicants or petitioners either to make their requests by calling the USCIS customer service line or writing the office that has jurisdiction over the application or petition in question. If this request is approved, the USCIS (and not the applicant or petitioner) will complete the Request for Refund of Fee (Form G-266).

I know that the title of this posting sounds like a bad joke, but it is true. U.S. Immigration and Customs Enforcement will roll out “Operation Scheduled Departure,” a pilot program created to encourage people who have outstanding deportation orders to turn themselves in.

San Diego and four other U.S. cities will participate in the program, which is set to end Aug. 22. The other locations are Santa Ana; Chicago; Phoenix, Ariz.; and Charlotte, N.C.

What is the likelihood of wanted illegal immigrants to turn themselves in remains to be seen. I am very skeptical about all this. Currently, there are thousands of inmates sitting in immigration jails awaiting removal. These are non criminal individuals that overstayed their visas or legal entry status. Why do ICE officials keep them locked up awaiting removal, waisting tax payers money? I am really curious to see how this program will work in practice.

Some good news for the weekend as provided by AILA. On 7/31/08 and 8/1/08, the House Judiciary Subcommittee on Immigration held a mark-up session and approved the following three pieces of immigration-related legislation:

H.R. 6020, sponsored by Representative Lofgren (D-CA), would amend the INA to allow soldiers who have served in support of contingency operations to be eligible for naturalization and for other purposes. It passed by a vote of 6-3.

H.R. 5882, sponsored by Representative Lofgren (D-CA), would recapture employment-based and family-sponsored immigrant visas lost to bureaucratic delays and to prevent losses of these visas in the future. It passed by a vote of 8-1.

I wanted to point out to an excellent article by staff writer for the ABA, Lynda Edwards, about the faith of those that help our armed forces in Iraq. Many of these people risk their lives to help our soldiers, and you would think that our government will make it easy for them to find shelter in the US, think again.

For refugees, the visa process begins with an interview by the United Nations High Commissioner for Refugees. Some must wait almost 5 years to get the process completed. According to the article, failing to aid Iraqis who’ve supported the U.S. would be a grave mistake. Ignoring them sends a dangerous message to the world: Support Americans and we’ll abandon you to be killed. Let us hope that US officials will realize the mistake they are doing by not helping such valuable resources obtain a visa and shelter in America.

Read the article here

The government is stepping up enforcement efforts against employers. ICE announced that a former and current top executive for a McDonald’s franchisee in Nevada, plead guilty to federal felony immigration offenses for encouraging undocumented foreign nationals to live in the United States.

ICE officials claim that company management employed individuals they knew were in the country illegally, including two restaurant managers, by furnishing them with names and Social Security numbers belonging to other individuals. In addition, Jimmy Moore, 47, the franchisee’s former vice-president, pleaded guilty to one felony count of inducing an illegal alien to remain in the United States. At sentencing, Moore faces a maximum penalty of up to five years in prison and a $250,000 fine.

Employers beware, things will only get uglier.

Compete America on behalf of thousands of US employers write to congress in support of immigration reform. They write:

U.S. employers rely on EB green cards to keep foreign-born talent living, working and innovating in America. Yet, despite the critical importance of these visas, Congress has failed to address the well documented backlogs in the EB green card system that leave some foreign-born, highly educated professionals waiting over six to 10 years to receive a permanent resident visa.

The three bills will address many shortcomings in the EB green card system. For example:

The American Immigration Lawyers Association released an excellent piece on the above referenced topic. Please read and let me know your thoughts. Let the debate begin!

America’s economy is flailing, and 78 million baby boomers are nearing

retirement, at which point they will leave the workforce to receive massive

Obama knows how important is the Latino vote, and he makes it a priority to meets leaders of this powerful voting Group. Obama addressed National Council of La Raza convention, which has attracted more than 20,000 people to the San Diego Convention Center. He promised today he would make immigration reform a top priority of his first year in office if he is elected president.

He also said:

“I think it’s time for a president who won’t walk away from something as important as comprehensive reform just because it becomes politically unpopular,” the Illinois senator said. “I will make it a top priority in my first year as the president of the United States of America.”

Read more here….