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Finally some relief is coming to those pending FBI name check processing. This February 4, 2008, USCIS Michael Aytes memorandum modifies existing guidance regarding background and security checks on applicants, petitioners, and beneficiaries seeking certain immigration benefits.

As you may know, thousands of applicants are facing name checks delays by the FBI and other agencies. In many cases for no reason what so ever. Now USCIS is issuing this revised policy to align all agencies background checks with those of USCIS.

Under the new policy, applications that are otherwise approvable and the FBI name check has been pending for more than 180 days, the officer must approve the I-485, I-601, I-687 and proceed with Card issuance. So in other words, if the case is good and the FBI is the only reason for the delay after 6 months of delay, USCIS must issue the card. This doesn’t apply to pending Citizenship N400 cases at this time for some reason.

Here is a trivia for Monday morning for you. He is at the heart of a great culture war in Texas – and the nation, credited with bringing us prosperity and blamed for abusing our resources. How should we deal with this stranger among us? Read what the Dallas news has to say about the man of the year – The Illegal Immigrant.

Immigration legal and illegal is certainly going to be the biggest issue in 2008, you will see.

I just got the recent report from the American Immigration Lawyers Association regarding receipting processing schedule. This is the most current receipting times at CSC, NSC, TSC, VSC as of 1/4/08, and at the Chicago and Los Angeles lockboxes as of 1/14/08.

Click here to get the full report Download file

As you may know starting January 31, 2008 all US Citizens who enter the US by land and sea ports-of-entry when arriving from Canada, Mexico, the Caribbean and Bermuda will need to present a valid passport. In addition to the regular passport, a Passport card will be available.

U.S. citizens may begin applying in advance for the new U.S. Passport Card beginning February 1, 2008, in anticipation of land border travel document requirements. Cards will be available and mailed to applicants in spring 2008.

The passport card may not be used to travel by air. It will otherwise carry the rights and privileges of the U.S. passport book and will be adjudicated to the exact same standards. The Department of State is issuing this passport card in response to the needs of border resident communities for a less expensive and more portable alternative to the traditional passport book. The card will have the same validity period as a passport book: 10 years for an adult, five for children 15 and younger.

The February Visa Bulletin was just released, and it is getting worse every month. Now The EB2 category for advance degree professionals will be unavailable for a while. This is how we reward the Indian engineers and high skilled professionals that come to our country and help us move forward.

It is unclear for how long the EB2 category will be unavailable for Indian nationals, but this is certainly a sad situation for thousands of applicants waiting for visa numbers to become current. So what is next? Our prediction is that it will get more difficult to immigrate, perhaps China is on the line for the March Bulletin. We will keep you posted if anything changes in this respect.

We link to the February Visa Bulletin here

Dear Readers,

It is time to think positive thoughts for 2008 and beyond. So, here is a warm wish for you and your loved ones the very best in the New Year.

Yours,

As we about to welcome 2008 and wish for the best for us and our families, millions of illegal aliens, will join the celebrations with us. Over the years this, second class America has become part of our life, just like we became part of theirs.

Ellis Cose of newsweek reports:” The percentage of immigrants (including those unlawfully present) in the United States has been creeping upward for years. At 12.6 percent, it is now higher than at any point since the mid-1920s. The number (an estimated 37.9 million) is bigger than at any previous time in history. ”

As arguments about immigration heat up the campaign trail, we also ought to ask some broader questions about assimilation, about how to ensure that people, once outsiders, don’t forever remain marginalized within these shores.

It will be a sad end of the year for many pro immigration activists and immigrants (legal and illegal) in the State of Arizona. The new Employer sanctions legislation is the talk of the state for many months now. The state’s new employer-sanctions law, which takes effect January 1, will cause some serious trouble to employers and immigrants. The voter-approved legislation is an attempt to lessen the economic incentive for illegal immigrants in Arizona, and to spread fear among employers thinking of hiring illegal workers.

It will be interesting to see how this law will affect the State of Arizona, as I am sure many other state will learn and implement similar legislation in the next few years. My only hope is that the conclusion will be that a comprehensive immigration reform is needed, rather than an enforcement law, this will benefit employers and the workers trying to get jobs.

Read more here… and Merry Christmas!!

When applicants apply for visas abroad they need to pay a fee for the visa and sometimes additional fees for reciprocity. Well, the cost of such fees will increase next year so it seems.

DOS published an Interim Final Rule raising the fee charged for processing of immigrant and nonimmigrant visa applications, as well as Border Crossing Cards at consulates. The rule is effective January 1, 2008 and comments are due February 29, 2008. All applications before that date are subject to the old fee.