Visa Lawyer Blog

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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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It is now official that the location of the local San Diego USCIS fingerprinting/biometrics office is moving from its present location at El Cajon Blvd. to 1261 Third Avenue, Suite H. The new ASC is located in the same building as the USCIS Chula Vista Field Office, in an opposite corner suite (Suite H).

See a formal announcement about this below;

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If you are going through the immigration process, or know someone that is an immigrant applying for a visa or Citizenship, chances are that you must have heard of the NAME CHECK delays.

FBI and other agencies pull cases for whatever reason and until they are cleared, the immigrants can not complete the immigration process. We have numerous clients pending for years, waiting for this to be completed. Sometimes we had to sue the government to force them to act, but even this option is becoming very complicated.

But is seems that relief is on the way. Immigration Daily, the biggest online immigration publication reports the following:

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We all know that the recent fee hike, and other changes that happened in July created a massive backlog in application processing. Clients are waiting for months just to get receipts. Well now we may have a solution from Sen. Chuck Schumer – Immigration officials should rehire retirees to help clear a backlog of applications that could keep some people from becoming citizens, he said on Thursday:

“For waves of would-be citizens, bureaucratic incompetence is turning the American Dream into a dream deferred,” Schumer said in a news release.

Citizenship and Immigration Services last week announced that people wanting to become U.S. citizens will have to wait 15 months to 18 months, rather than the national average seven months, to naturalize.

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The big Immigration news today in all major news papers that cover US Immigration is the massive delays in application processing. As you may recall due to the fee hike in July millions of applicants filed for Immigration benefits, like Citizenship, family petitions etc.

The application backlog is so large that Citizenship and Immigration Services, a division of the Homeland Security Department, is months behind schedule in returning receipts for checks written to cover fees and indicate to clients that the files are in process.

I get calls every single day from clients inquiring about case status, and all we can tell them is that the case is in process. It just doesn’t make sense for this to take so long, but the USCIS were not ready for this volume and now applicants are paying the price.

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