Visa Lawyer Blog

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The Department of Homeland Security (DHS) published a final rule on December 19, 2008 that will subject U.S. permanent residents (“green card” holders) to the US-VISIT (United States Visitor and Immigrant Status Indicator Technology) travel screening requirements. The program, which started January 5, 2004, requires the fingerprinting and photographing of most nonimmigrant foreign nationals applying for admission to the U.S. The final rule now extends the provisions to include U.S. permanent residents. This rule takes effect on January 18, 2009.

US-VISIT is aimed at verifying the identity of nonimmigrants seeking to enter the United States. As part of the program, digital finger scans are used to verify that the individual seeking to enter is the same person to whom the visa or other travel documents were issued. It is also used to check for new information (arising after visa or other document issuance) regarding involvement in terrorism or crime.

While there are advantages in expanding US-VISIT to include green card holders, including reducing the incidence of document fraud and potentially enhancing national security, the privacy interests of permanent residents will likely be eroded. An anomaly is also created by excluding certain classes of nonimmigrants from undergoing additional security measures upon entry to the U.S., while at the same time requiring that lawful permanent residents undergo the process of additional scrutiny. As mentioned in the comments to the rule, permanent residents have already undergone background checks and otherwise been scrutinized. Many permanent residents have resided in the U.S. for many years for suspicion – without incident or reason. However, they will now undergo the additional screening to reenter the U.S. after foreign travel.

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Today is Christmas Eve, I wanted to wish all the best for those who celebrate. I wanted to reference an excellent article by Ali Noorani, Executive Director of the National Immigration Forum, a non-partisan, non-profit advocacy organization in Washington. His comments were featured today at the La Prensa San Diego Website.

Last week, Homeland Security Secretary Chertoff claimed credit for “reversing” illegal immigration, but the credit should more accurately fall to those in the Bush Administration who let the economy and our financial regulatory agencies collapse during the President’s tenure. As we have often said, the best way to slow immigration to the United States is to dry up all the pesky economic opportunity that has run rampant in this country for so long. The Bush Administration is well on its way to making sure there is no excess opportunity or economic security milling about. But we’re sure that President Bush, had he watched Secretary Chertoff’s press conference, would shout a hardy “Heck of a job, Cherty!”

True, massive investments in border barriers, increases in detention bed space, and a huge expansion in Homeland Security personnel have put more enforcement resources on display. However, to say that these resources have contributed significantly to a decrease in legal or illegal immigration – a phenomenon we have observed since the economy began slowing in 2001 – is like saying there is less rain because people buy umbrellas. Despite conspicuous and record-setting immigration raids, new strategies to streamline the deportation of immigrant workers with minimal judicial oversight, and continued bureaucratic barriers to legal immigration, the Chertoff claim to making significant progress in controlling legal or illegal immigration stretches the definition of causality.

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The following information was reported to me and I wanted to share with you for your information. Beginning January 20, 2009, all non-immigrant visa applicants, regardless of visa class, with an appointment at the U.S. Consulate General in Ciudad Juarez, Mexico will be required to use the DS-160 electronic NIV application form available at https://ceac.state.gov/genniv. This form takes the place of the DS-156, DS-157, and DS-158 paper forms. (Note: E class investor applicants will need to fill out DS-156E in addition to DS-160. K class visa applicants will continue to use the DS-156 and DS-156K forms).

Applicants must fill out completely and accurately all questions presented in the online application process. Applicants who incorrectly fill out the form, leave information blank or attempt to use previous paper based forms will be denied, asked to resubmit their applications online again, and required to schedule a new appointment. Applicants need only print the Confirmation Page available after the form is complete and bring it with them to their interview.

Also, as a reminder, the U.S. Consulate in Ciudad Juarez now accepts legal inquiries exclusively through its online form at http://ciudadjuarez.usconsulate.gov/feedback-form.html. Inquiries sent through other means will face significant delays in processing. I expect that other posts around the world will start implementing the new form during 2009 as well.

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Have you listed to the recent ads at the end of every show on NPR, brought to you by DHS. Sure sounds like a partnership between public radio and the goverment. NPR spokeswoman Anna Christopher says they are not endorsing E-verify, the new verification program for employers to verify the legal status of workers.

This isn’t obvious to some listeners, who have criticized NPR for accepting funding to advertise the controversial program since the ads began running last month. NPR’s Ombudsman Alicia Shepard said she received more than 60 letters in response to the spots – a considerable sum on a single topic – primarily in protest. Shepard wrote a column on the topic and hosted a live online forum to answer listener questions. Critics questioned the relationship between DHS and NPR and took particular issue with E-Verify.

Read more….

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I am in the process of reviewing the proposed changes to the H2B Visa program. Upon initial review, there are good and bad news. Here is a brief summary of the Changes, stay tuned more to come.

U.S. Citizenship and Immigration Services (USCIS) announced that it has submitted to the Federal Register a Final Rule that will change the requirements affecting H-2B beneficiaries and their employers.

Key areas of changes covered in the Final Rule include:

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We have been reporting about the changes to the H2A Visa program in the past few weeks. One of the issues discussed is limiting the participation in the program to certain countries only.

Under the final rule, the Department of Homeland Security (DHS) will only approve petitions for H-2A nonimmigrant status for nationals of countries designated by means of the list or by means of the special procedure allowing petitioners to request approval for particular beneficiaries if the Secretary of Homeland Security determines that it is in the U.S. interest. Pursuant to the final rule, the notice designates those countries the Secretary of Homeland Security, with the concurrence of the Secretary of State, has found to be eligible to participate in the H-2A program.

According to the rule nationals from the following countries are eligible to participate in the H-2A visa program: Argentina; Australia; Belize; Brazil; Bulgaria; Canada; Chile; Costa Rica; Dominican Republic; El Salvador; Guatemala; Honduras; Indonesia; Israel; Jamaica; Japan; Mexico; Moldova; New Zealand; Peru; Philippines; Poland; Romania; South Africa; South Korea; Turkey; Ukraine; United Kingdom.

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Immigration law is important and that is all that we cover most of the time. But our immigrant readers, may be facing other legal challenges from time to time. So we rely on our lawyer friends from across the country, to provide guest articles and reports. This week we are proud to feature Attorney Charles Ward’s Family Law expertise. Charles is an experienced Family lawyer that often assists me with Family Immigration matters. I am grateful for his contribution to the Blog.

Although no one enters into a marriage expecting it to end, about 50 percent of all married couples in California eventually separate. With a prenup you can protect yourself in the event of a dissolution of marriage (divorce).

The prenuptial agreement is a legal device designed to remove some of the concerns and liabilities foisted upon a married couple. A properly crafted prenup can solve disagreements before they happen, whether involving personal business involvement, individually held real estate and property, credit hangups and debt, the disposition of finances, or any monetary arrangements left over from life before marriage. It’s also a useful tool for post-marriage arrangements. Support payments, income arrangements and property rights can all be sorted out in advance, to the satisfaction of both parties.

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As the year comes to an end, we wanted to update our local readers about the upcoming Oath ceremonies for 2009. This may be useful to people that are in the process of applying for Citizenship and may need to plan ahead.

FINAL HEARING DATES FOR GOLDEN HALL FOR 2009
1/20/09 New Americans Museum N-600 ceremony for children 18 and under
1/28/09 Children’s Primary School, sponsor, Golden Hall
2/18/09 San Diego DAR
3/18/09 American Legion, Sponsor, Golden Hall
4/22/09 Golden Hall
5/20/09 Golden Hall
5/21/09 Memorial Day all-military ceremony aboard USS MIDWAY MUSEUM,
6/17/09 Golden Hall
7//02/09 Independence Day all-military ceremony at the Cabrillo National Monument
7/22/09 La Jolla DAR/CAR, sponsor, Golden Hall
8/19/09 Golden Hall
9/17/09 Citizenship Day/Constitution Week all-military ceremony at Camp Pendleton
9/23/09 Golden Hall
10/21/09 Golden Hall
11/10/09 Veterans Day all-military ceremony aboard the USS MIDWAY Museum,
11/18/09 Golden Hall
12/16/09 Golden Hall
2009 Chula Vista Final Hearing Schedule
All dates at 8:00 a.m., 9:00 a.m., 10:00 a.m. and 11:00 a.m. at Chula Vista Field Office
January 28
February 25
March 25
April 29
May 27
June 24
July 29
August 26
September 30
October 28
November 18
December 16

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The U.S. Department of Homeland Security, Citizenship and Immigration Services (“CIS”) announced that it has submitted to the Federal Register an Interim Final Rule that will streamline the Employment Eligibility Verification (Form I-9) process.

The Interim Final Rule narrows the list of acceptable identity documents and further specifies that expired documents are not considered acceptable forms of identification. An expansive document list makes it more difficult for employers to verify valid and acceptable forms and to single out false documents compromising the effectiveness and security of the Form I-9 process. The changes included in the Interim Final Rule will significantly improve the security of the employment eligibility verification process.

The Rule eliminates Forms I-688, I-688A, and I-688B (Temporary Resident Card and older versions of the Employment Authorization Card/Document) from List A. CIS no longer issues these cards, and those that were in circulation have expired. The Rule also adds to List A of the Form I-9 foreign passports containing specially-marked machine-readable visas and documentation for certain citizens of the Federated States of Micronesia (“FSM”) and the Republic of the Marshall Islands (“RMI”). The Rule makes other, technical changes to update the list of acceptable documents. The revised Form I-9 includes additional changes, such as revisions to the employee attestation section, and the addition of the new U.S. Passport Card to List A.

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We previously reported about the much needed changes to the H2A Visa Program announced last week. U.S. Citizenship and Immigration Services announced several reforms in the H-2A visa system, which allows farmers to hire foreigners for field work that Americans are unwilling to do.

Click here to download the Press release with the Changes Download file

According to the AZ Starnet, “For every farmworker, there are three to 3.5 jobs created in related industries such as chemicals, trucking, refrigeration, fertilizer, packaging . . . a lot of different operations,” Tom Nassif, president and CEO of Western Growers, said last year. He said his agricultural trade organization represents 3,000 members who grow roughly half the produce in the United States.

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