Archive for October, 2009

USCIS Reminds Applicants for Travel Documents to Apply Early

Friday, October 23rd, 2009

What is an Advance Parole document?  With the word ‘parole’, does it have something to do with jail? Clients have jokingly pointed out that they are not in jail when told that they need an Advance Parole document to travel outside the United States.  Actually, the Advance Parole document has nothing to do with jail.  It is simply the legal term for a travel document. 

Individuals must obtain an Advance Parole document, which is permission to reenter the United States after traveling abroad, if they have:

  • been granted Temporary Protected Status;
  • a pending I-485 application for adjustment of status;
  • a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
  • a pending asylum application; or
  • a pending application for legalization.

Given that the holidays are right around the corner and many people visit family overseas, the USCIS has issued an updated fact sheet on the Advance Parole document and traveling outside of the United States.  To read the USCIS fact sheet, please click here.

Persons with pending I-485 adjustment applications who hold valid H-1B (professional worker) or L-1 (intracompany transferee) status can sometimes travel outside the United States without an Advance Parole document.  However, they should consult with an immigration attorney before they do so to determine if this exemption applies to them.

USCIS Ombudsman Update on Derivative I-485 Applications

Friday, October 23rd, 2009

The United States Citizenship and Immigration Service Ombudsman issued an update on what you can do if your I-485 Application for Adjustment has been approved but a family member’s I-485 remains pending.  If a family member’s derivative I-485 adjustment of status application has been pending in excess of 30 days from the approval date of your I-485 case, you should submit the following documents to cisombudsman.publicaffairs@dhs.com.

  • DHS Form 7001;
  • A copy of the principal applicant’s I-485 approval notice;
  • A copy of the Form I-485 receipt notice for the derivative; and
  • Any other evidence that is pertinent to the case.

The email subject line should say: “Unapproved Derivative I-485.”

Representative Gutierrez Outlines Principles for a New Comprehensive Immigration Reform Bill

Friday, October 16th, 2009

On October 13, 2009, Representative Luis Gutierrez from Illinois outlined core principles in a comprehensive immigration reform bill he plans on introducing later this year.  Once the entire bill is introduced, we will analyze it to determine if it actually fixes our broken immigration system.  For now, here is the text of Rep. Gutierrez’s press release.

(Washington DC) At a rally today on the west lawn of the United States Capitol, U.S. Congressman Luis V. Gutierrez (D-IL) addressed a crowd of thousands who demanded change to our nation’s broken immigration system. Rep. Gutierrez’ address responded to a recent call from the immigration advocacy community to introduce comprehensive immigration reform in the House of Representatives.

Rep. Gutierrez has been actively talking to advocacy and civil rights groups, faith-based groups, labor groups and his colleagues on the Hill to identify the most essential components of such a comprehensive bill. Today he outlined some of those core principles.

In a statement, Rep. Gutierrez said:

“We simply cannot wait any longer for a bill that keeps our families together, protects our workers and allows a pathway to legalization for those who have earned it. It is time we had a workable plan making its way through Congress that recognizes the vast contributions of immigrants to this country and that honors the American Dream.  I am preparing such a plan, and will introduce it in the near future. It will include the following core principles:”

Pathway to legalization for undocumented workers:

“Immigration reform will not work unless it takes a practical approach to dealing with the 12 million undocumented immigrants living, working, and raising families in the United States.  We need a bill that says if you come here to hurt our communities, we will not support you. But if you are here to work hard—if you are here to make a better life for your family—you will have the opportunity to earn your citizenship.”

“Our immigrants are hardworking, and they are up to the challenge. Give them the opportunity to earn their citizenship, and they will go through the background checks; they will pay their fair share of taxes; and they will learn English. It’s not an easy process, but it is a fair process.”

Professional and effective border enforcement: 

“We need professional and effective border enforcement. That means 21st century enforcement strategies that both make our nation’s physical and economic security stronger and stay true to our nation’s values. We need to require the federal government to make a real, working partnership with border communities and other stakeholders when designing and executing border enforcement policies.” 

Smart and humane interior enforcement:
“Inside the country, my plan will promote fair immigration proceedings, humane treatment of immigration detainees and policies that respect the tenets of community policing.” 

Protecting workers:
“Immigration reform will not work without a strong commitment to America’s labor force. Without it, too many employers will continue to pervert the system. We must expand the labor rights of workers and punish those dishonest employers who continue to exploit immigrants in order to undermine their honest competitors.”

Verification systems:

“We must fix the current employment eligibility verification system, not only to protect Americans who are denied the right to work because of errors in the government’s databases, but also to prevent employers who would exploit the system and undermine workers’ rights.  A vastly improved verification system is fundamental to reducing illegal immigration.”

Family unity as a cornerstone of our immigration system: 
“Family is the bedrock of our society, and immigration reform must support strong, united families and treat all immigrant families fairly and equally.  Right now, our broken immigration system keeps too many American families apart for years and even decades, when they have done everything legally. We need a system predicated on family values by developing laws that better value families — a system that keeps families strong and, most importantly, keeps husbands and wives, parents and children together.”

Future flows of workers:

“Our country attracts the best and brightest and the hardest workers from around the globe. That is a source of strength. But our current employment-based immigration laws are often at odds with the needs of our labor market and our economy. Many of our guest worker programs are badly broken, and they undermine workers’ rights. At the same time, our visa quotas are determined by politics, not by labor and economic need. My plan will create an employment-based visa system that is fair to workers and employers. It will ensure full labor rights for all workers, and it will create a commission to align visa numbers with actual labor market demands and economic needs, not political winds.”

AgJOBS:

“Agriculture plays a fundamental role in our nation’s economy and in securing our nation’s food supply. Comprehensive immigration reform must provide an agreement between labor and agribusiness that allows farm workers to access legal protections and immigration status while enabling employers to ensure a legal workforce and stabilize their businesses.” 

DREAM Act:

“We all want a country that is better educated, better motivated and better prepared for the future. My plan will strengthen the DREAM Act, making it quicker and easier for students who grew up in America and know no other home to fully participate in our society.  Immigrants brought here as children should not be punished with fines or other means; rather, they should be fully integrated into our society as the Americans they truly are—and as quickly as possible.”

Promoting immigrant integration:

“For years, state and local governments have taken the lead in helping new immigrants become new Americans.  Recent arrivals face many challenges when navigating this process, yet the federal government has done little to help. I plan to recommit federal resources to promoting and assisting immigrant integration.  It is about staying true to our nation’s success story of welcoming newcomers and helping them become part of the fabric of America.”

“If we are to truly fix any of these critical issues, we must address all of them.”

USCIS Changes Filing Location of Forms I-600 and I-600A

Tuesday, October 13th, 2009

U.S. Citizenship and Immigration Services (USCIS) announced a new address for prospective adoptive parents to submit Form I 600, Petition to Classify Orphan as an Immediate Relative, and Form I 600A, Application for Advance Processing of Orphan Petition.  Applicants have a 30-day transition period before USCIS will return incorrectly filed petitions.  Applicants were previously required to file at a local USCIS field office. 

Beginning immediately, applicants in the United States who are filing to adopt an orphan must submit Forms I 600, I 600A, and all supporting documents and fees to the following address: 

Regular Mail

Express Mail and Courier Service deliveries

USCIS
P.O. Box 299027 
Lewisville, TX 75029

 

USCIS
ATTN: Hague
2501 S. State Hwy. 121 Business, Suite 400
Lewisville, TX 75067

 

Beginning Monday November 9, USCIS will return to the applicant any Form I 600 or I 600A, and supporting documents, incorrectly submitted to a USCIS office in the United States. The applicant will be instructed to mail the application to the Lewisville, Texas address.  However, applicants may continue to file extensions of approved Forms I-600A at their local USCIS field office. 

Prospective adoptive parents, who reside abroad, may continue to file the Form I-600A with a USCIS international office, or they may send the petition to the Lewisville, Texas address if they have an address in the United States they plan to return to.

U.S. citizens outside the United States may continue to file the Form I-600 at a U.S. Embassy, U.S. Consulate or USCIS office abroad that has jurisdiction to accept the petition. However, in order to file a Form I-600 petition abroad, the petitioner must have an approved Form I-600A and be physically present in the country where they are filing.

We will post additional information at www.bashyamspiro.com when it becomes available.

DOS Releases November 2009 Visa Bulletin

Monday, October 12th, 2009

The U.S. Department of State (DOS) released its November 2009 Visa Bulletin.

Drumroll, please.

All employment-based categories stayed mostly the same from the previous month.  If there was forward movement, it was merely by a few days or a few months.  The biggest news is that the worldwide category under employment-based category two (EB2) stayed ‘current’.  There were reports that it may retrogress in November.  We will be watching this category in the coming months.

To read the entire DOS November 2009 Visa Bulletin, please click here.

DOL Confirms Another Problem with LCA FEIN Verification

Monday, October 12th, 2009

Our law firm has written before about the FEIN verification problems in the Labor Condition Application (LCA) certification process.  Now the Department of Labor (DOL) has confirmed that there is another problem that could also lead to LCA denials. When registering a company or when adding a company to your account list, if the company’s FEIN begins with zero (”0″), the iCert system drops some digits and inserts errant digits. The wrong FEIN then populates new LCAs.  If you don’t notice the incorrect FEIN and you submit the LCA, that LCA can be denied for a FEIN no-match. 

The moral of this story is to review all the information in the LCA carefully before submission.  

We will post additional information on www.bashyamspiro.com as it becomes available. 

Senator Grassley Sends Letter to USCIS Director on H-1B Program

Monday, October 12th, 2009

On September 29, 2009, Senator Grassley from Iowa sent a letter to USCIS Director Myorkas on the H-1B program.  The letter focused on H-1B fraud and urged Director Myorkas to increase USCIS enforcement measures in the H-1B program and on employers who abuse the system.

To read the entire letter, please click here.

700 more in 6 Days – The H-1B Cap Count Goes Up!

Tuesday, October 6th, 2009

As of September 25, 2009, approximately 46,700 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been approved.  The last H-1B cap count on September 19, 2009 was at 46,000. 

Is this a sign that we will see more movement in the H-1B cap numbers in the coming months?  Stay tuned to www.bashyamspiro.com to find out.

USCIS Publishes New G-28 for Attorneys and Representatives

Tuesday, October 6th, 2009

U.S. Citizenship and Immigration Services (USCIS) announced that a revised Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28) and the new Notice of Entry of Appearance as Attorney in Matters Outside the Geographical Confines of the United States (Form G-28I) has been issued.

USCIS will provide a 30-day grace period for the Form G-28, until Oct. 30, so that Forms G-28 currently in the mail will be considered valid when received at the USCIS Lockbox facility or USCIS Service Center. After Oct. 30, any prior versions of the Form G-28 that are received will be considered invalid. USCIS said that all G-28 filed before Oct. 30, will be honored for previously filed cases as long as the Forms G-28 were properly completed by an eligible attorney or accredited representative. The new Form G-28 is not required for receiving updates or interviews unless a new attorney is representing the applicant.

As additional updates become available, we will post them at www.bashyamspiro.com.