Visa Lawyer Blog

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EFFECTIVE 12/17/07 (Posted on AILA Infonet 12/14/07 )
Due to the limitations of the INFOPASS appointment system regarding scheduling options for I-601 waivers under the new I-601 pilot program implemented on March 6, 2007, the USCIS Ciudad Juarez office has been trying to put in place a new system. INFOPASS worked well initially, but due to volume increases, the program could not be modified to push out appointment availability dates as needed to keep up with the high immigrant visa interview rate of the U.S. Consulate. Thus, many waiver applicants were not able to make timely appointments using INFOPASS in order to make travel plans, etc. Please note that both the USCIS office and the U.S. Consulate in Cd. Juarez were receptive to AILA’s concerns and suggestions regarding this process.

Thus, USCIS and the Department of State are ending the use of INFOPASS (effective December 17, 2007) for the I-601 pilot waiver program at Cd. Juarez and changing the process to schedule waiver appointments and provide waiver information through the ” Teletech Call Center ” located in Mexico . This call center is the same center that currently provides information regarding immigrant and nonimmigrant visas, and schedules nonimmigrant visa interview appointments for nonimmigrant visa applicants for Cd. Juarez and certain other U.S. Consulates in Mexico . Thus, appointments will be available, but not necessarily in a two week window. In addition, the U.S. Consulate in Cd. Juarez hopes to eliminate its immigrant visa backlog by the end of March 2008 and has devoted substantial resources to this effort. Further, the USCIS office in Cd. Juarez has already cleared the pre-March 2007 waiver backlog, and is working on waivers filed in April of 2007.

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We reported a few moths ago about the propsed rule requiring all US Citizens to carry passports when crossing to Mexico, Canada and the Caribbean. Congress is seeking to delay the rule requiring passports at all U.S. border crossings next year in hopes of avoiding a repeat of last summer’s vacation-killing backlog of passport applications. That was painful I can tell you that.

To read more on this update click here

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I knew that things were getting out of control along the San Diego-Tijuana border, but recently things have taken a turn for the worse. According to the AP:

In an escalation of clashes between U.S. Border Patrol agents and

rock-throwing smugglers, agents have begun launching pepper spray and tear

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To stress the problems that high–tech workers face getting green cards and work visas like the H1B visa, all members of Congress now have “blue cards.” The Compete America coalition has been distributing the cards to lawmakers during meetings, one of several industry lobbying efforts on competitiveness issues in the last few weeks of the year.

Read more here…

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A new Cable from the State Department clarifies how consular officers should handle cases where an applicants’ criminal record shows an arrest or conviction for drunk driving or other alcohol related offences.

Posts generally become aware of drunk driving arrests and convictions after receiving the results of fingerprints taken when an applicant has a CLASS hit. While a drunk driving conviction is not a statutory visa ineligibility, a conviction may indicate that further investigation is needed to determine whether the applicant may in fact be ineligible under Section 212(a)(1)(A)(iii). This applies to applicants who have a physical or mental disorder and demonstrate behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others.

Read More here…

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We all know that the I-130 form can be used to file for most relative petitions. Sometimes we file this form together with the I-485 when visas are available, and sometimes it is necessary to file this form alone, for example when you file for a sibling, etc. In the past one would file with the Service Center directly. Now we have a new policy.

The U.S. Citizenship and Immigration Services (USCIS) has revised its procedures for filing certain I-130 relative petitions. Effective December 3, 2007, the USCIS is encouraging I-130 petitioners to file their petitions with the Chicago Lockbox. This change applies to stand-alone I-130s only. A stand-alone I-130 is one that is filed WITHOUT an I-485, Application for Adjustment of Status. After filing, the petition will be forwarded from the Chicago Lockbox to the appropriate USCIS service center for adjudication.

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Employers and Labor Groups across the country are joining forces and doing whatever it takes, so that the Government will consider any immigration reform. The shortage in visas will be a huge blow for Hotels, Construction companies and the High Tech sector. Lawmakers, lobbyists say, have been reluctant to move forward on the issue, however, in part due to the major fallout over last summer’s contentious debate on the immigration reform bill.

I can tell you that our H2B clients and all worried that visas will run out as early as January and I feel that they may be correct. If this is true, no H2B visas until October 2008 is a gloomy reality for our major Hospitality clients and for the consumers expecting excellent service.

High-tech companies, meanwhile, are renewing their annual fight for an increase in H-1B visas programs, which allow highly skilled foreign applicants to work in the United States for six years, as well as employment-based visas that offer permanent employment status.

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One of our readers pointed me to the recent article of Ruben Navarrette, the San Diego writer for CNN. He says that opponents of any immigration reform or relief see Hispanic and other immigrants as weakening U.S. identity. For example, One town demanded all library books be in English according to Navarrete. Hispanic immigrants may be the current group at the center of this debate and to be targeted the most.

Living in San Diego, CA, we see the attitude towards Hispanic immigrants every days. The Mexican jokes and stereo types are becoming part of our life. But when you hear of the minutemen project and the like, you know that this is where our country will need to look back at history and make sure we don’t repeat it.

Click here for the full article

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The Essential Worker Immigration Coalition (“EWIC”) representing employers both small and large, write to voice strong concerns with H.R. 4088 and S. 2368, the Secure America through Verification and Enforcement Act (“SAVE” Act). This legislation, introduced by Representatives Heath Shuler, Brian Bilbray and Senator Mark Pryor, does not provide the adequate framework for any future Immigration reform and employers are concerned for a reason.

It seems that the this proposed ACT exposes employers to unfair liability and worker shortages under a pretty bad system. Instead of solving visa shortage, backlog in application processing, this Act is all about enforcement.

Click here to read the statement Download file

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We all remember the NO MATCH regulations that were released a few months ago, the ACLU Appeal putting a hold on this tough legislation for employer. Today we have the comments of Mr. Chertoff on the Appeal.

Employers receive a No-Match letter from the Social Security Administration when an employee’s name does not match the social security number it has on file. Sometimes there is an innocent explanation for this discrepancy, such as a clerical error. But sometimes the discrepancy reflects the fact that the employee in question is an illegal alien. When employers receive such No-Match letters, they are on notice that the employees in question may not be authorized to work.

Read the entire post below…

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