Visa Lawyer Blog

by

Following our updates on the Visa Waiver Adjustments, here is a summary from USCIS Headquarters Liaison Meeting. As of now, USCIS has not yet provided guidance to the field with respect to the eligibility of an alien who was admitted under the Visa Waiver Program (“VWP”) to adjust status as an immediate relative under INA § 245 at any time prior to the removal of the alien under INA § 217.

Several USCIS District Offices are holding in abeyance immediate relative adjustment of status applications by applicants who entered under the Visa Waiver Program and whose VWP 90-day admission expired prior to the filing of the Form I-485, and at least one district (San Diego, California) is intending to deny such applications.

The Solicitor General has acknowledged the adjustment eligibility of an alien admitted under the VWP in a brief in opposition to certiorari filed in Bradley v. Holder, Case No. 10-397 (AILA Doc. No. 10122752). 5 In the brief, the Solicitor General acknowledged at page 9:

Continue reading

by

The recent increases in Requests for Evidence resulting from the Validation Instrument for Business Enterprises system, prompted USCIS to issue the following notice.

Due to the time-sensitive nature of agricultural work, U.S. Citizenship and Immigration Services (USCIS) expedites all H-2A “temporary or seasonal agricultural worker” petitions. However, some recent H-2A petitions have experienced unexpected delays due to Requests for Evidence (RFEs) resulting from the use of the Validation Instrument for Business Enterprises (VIBE). As delays in adjudication are especially burdensome for H-2A petitioners, we are providing an H-2A Optional Checklist as well as a Questions & Answers document to help petitioners ensure that their petitions are expeditiously processed. Additionally, USCIS will hold a public engagement in the near future to provide USCIS and H-2A employers, associations and agents the opportunity to discuss best filing practices. Until such time, USCIS is temporarily suspending the use of VIBE in the H-2A Program. Use of VIBE will resume after 45 days of the date of this USCIS Update on July 18, 2011.

USCIS is taking measures to carefully review all pending H-2A petitions filed prior to this clarification notice.

Continue reading

by

Generally, all individuals born in the United States and subject to its jurisdiction of the United States are citizens (e.g., children of diplomatic officials, etc.). Still, other individuals born outside the United States may claim United States citizenship derivatively from a parent who at the time of the individual’s birth was a United States citizen. The legal requirements for Derviative Citizenship are extremely complex.

In order for an individual to apply to become a naturalized U.S. citizen (USC), s/he must be age 18 or older. Thus, in the typical situation of a family living in the United States as lawful permanent residents, the minor children will not be eligible to file for naturalization with their parents. In many cases, these minor children do not need to request U.S. citizenship. Rather, it is automatically conferred when either parent naturalizes, if certain requirements are satisfied.

The laws regarding the derivative acquisition of U.S. citizenship by minor children were broadened by the Child Citizenship Act of 2000 (CCA). This law became effective February 27, 2001, and remains effective as of this writing. Under current law, children under 18 automatically acquire U.S. citizenship if three requirements are met.

Continue reading

by

ICE officials are not happy this morning. Illegal immigrants arrested for petty crimes won’t be held in jail longer than necessary in San Francisco, even if federal immigration agents may want them detained for possible deportation.

Instead, starting Wednesday, deputies will treat those eligible for release just like U.S. citizens: They will be cited to appear in court. The new policy is his attempt to comply with a city law that prevents police from aiding federal authorities in non-felony crimes and a U.S. law that requires authorities to share fingerprints with immigration agents.

Under this policy, illegal immigrants who commit misdemeanors, such as disorderly conduct, trespassing or shoplifting, will not be held while the U.S. Immigration and Customs Enforcement (ICE) checks their status through a fingerprinting monitoring program.

Continue reading

by

U.S. Senator Robert Menendez (D-NJ) introduced the Military Families Act. The Military Families bill would allow the noncitizen immediate family members of active military service members to apply to become lawful permanent residents of the United States.

This is a much needed bill that fills a gap at the intersection of military and immigration policy. Our military men and women have put their lives on the line to protect us and serve this country. Many of them are residents and have access to an accelerated path to citizenship because of the commitment and sacrifice they are making. However, their families, who are also sacrificing a great deal, remain in this limbo, with a family member fighting for the country that wants to deport them.

Until now, the only way to address the issue of military family members being deported has been through private bills. Although they provide some sort of relief, they are rare and only help one family at a time when there are hundreds if not thousands more suffering and living in the shadows.

Continue reading

by

In a 5-3 vote, the court concluded that federal immigration law doesn’t prevent the state from revoking the business licenses of companies that violate state law. The Arizona law also requires employers to use the federal government’s web-based E-Verify system to determine whether potential employees are eligible to work within the United States. The court upheld this provision, saying it is “entirely consistent” with federal law.

Roberts, backed by his four conservative colleagues, said “Arizona went the extra mile in ensuring that its law tracks (the federal law’s) provisions in all material aspects.”

In dissent, Justice Sonia Sotomayor noted E-Verify is a voluntary program, and said criticism that the federal government is not doing enough to enforce the law is irrelevant.

Continue reading

by

USCIS announced the launch of a federal initiative to raise awareness about the rights, responsibilities, and importance of U.S. citizenship. USCIS Director Mayorkas will launch the initiative online on 5/25/11.

The initiative will run during the summer across the country on more than 250 radio stations, 400 websites, and through national and local print advertisements, in this first phase of a planned multi-year effort. Messages will run in Spanish, English, Chinese and Vietnamese – languages spoken in the top 10 countries of origin for permanent residents. Nearly 8 million permanent residents are currently eligible to apply for citizenship and most reside in California, New York, Texas and Florida.

The initiative will promote awareness of the rights, responsibilities, and importance of United States citizenship, and the free resources available to permanent residents and immigrant-serving organizations. Immigrants will be invited to learn more about citizenship and directed to the USCIS Citizenship Resource Center, a one-stop web portal offering free educational tools to support immigrants and immigrant-serving organizations at www.uscis.gov/citizenship.

by

TN Visa Seminar Details

Start Working in the U.S. within 30 Days

This tele-seminar will provide you with the information you need to start working in the U.S. It for Canadians and Mexicans who wish to work in the U.S. It’s free and informative. This will be a live web presentation and seating is limited so register quickly.

Continue reading

by

The Immigration and Nationality Act (Act) provides for the admission of different classes of nonimmigrants who are foreign nationals seeking temporary admission to the United States. The purpose of the nonimmigrant’s intended stay in the United States determines his or her proper nonimmigrant classification. Some classifications permit the nonimmigrant’s spouse and qualifying children to accompany the nonimmigrant to the United States or to join the nonimmigrant here. To qualify, a child must be unmarried and under the age of 21.

F-1 nonimmigrants, as defined in section 101(a)(15)(F) of the Act, are foreign students coming to the United States to pursue a full course of academic study in SEVP-approved schools. An F-2 nonimmigrant is a foreign national who is the spouse or qualifying child of an F-1 student.

M-1 nonimmigrants, as defined in section 101(a)(15)(M) of the Act, are foreign nationals pursuing a full course of study at an SEVP-approved vocational or other recognized nonacademic institution (other than in language training programs) in the United States. An M-2 nonimmigrant is a foreign national who is the spouse or qualifying child of an M-1 student.

Continue reading

by

CPB released a report on 5/19/11 of statistics on U.S. Border Patrol’s total apprehensions of undocumented individuals by fiscal year, from FY1999 through FY2010. The report also includes a breakdown of such apprehensions from Mexico, and from countries other than Mexico.

* U.S. Border Patrol agents apprehended 463,382 individuals smuggled across the border, including 8,905 smugglers. (3,027 of the smugglers apprehended were deemed “deportable.”)

* U.S. Border Patrol agents apprehended 59,017 “Other Than Mexican” illegal aliens through October 7, 2010.

Continue reading