October
2000 Newsletter
**U.S.
IMMIGRATION NEWS**
October
1, 2000
Published
by:
ImmigrationLinks.com,
Inc.
“Your Immigration Link to the World”
Copyright
© 2000, ImmigrationLinks.com, Inc.
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Disclaimer: This newsletter is provided for general
information only. It is NOT legal
advice, and should not be relied upon as such.
For legal services such as representation, please contact an attorney who
specializes in the area of Immigration Law, such as one of our attorney
“Service Providers” whose businesses are promoted on our site.
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Welcome to ImmigrationLinks.com,
Inc., “Your Immigration Link to the World”.
With the phenomenal growth of the Internet, nearly everything you need or
want to know about US Immigration law is available at the touch of a button.
We want to be at the forefront of this new technology and be able to
provide instantaneous news and information on the immigration topics that affect
those persons wishing to visit, live, or work in the United States. One way is through our monthly newsletters.
The purpose of these newsletters is to provide useful and timely
information about immigration-related topics that affect persons who come in
contact with US Immigration laws. In
conjunction with our News, Immigration Hints & Tips, and Legal Research
pages, we want to provide you with extensive, up-to-date, and FREE information
on US immigration laws and procedures. Soon,
just about anything you need to prepare and process your immigration case will
be available online. This includes
access to immigration forms and information, as well as direct contact with
attorneys and other service providers. For
example, our Bulletin Board provides you with free answers to your immigration
questions from some of the finest immigration attorneys in the country. Our goal is to be "The
Portal Site" for everything having to do with US immigration law.
We want to provide you with every service possible to increase your
knowledge of the law and to make your online experience more useful and
rewarding. We are constantly
growing and expanding in order to meet your immigration needs.
How to Use Our Site?
- Immigration
News Page: To get the latest
immigration news, updated on a daily basis, go to this page.
We have thousands of news articles covering every type of immigration
petition or application. You
can download free immigration and state department forms, get the latest fee
schedules, list of immigration doctors, addresses and telephone numbers of
immigration offices, the latest priority dates, current processing times,
and much, much more. Check out
the “NEWS FLASH” area for late-breaking
immigration developments.
- Immigration
Hints & Tips Page: Get useful immigration hints and tips that will make the
filing of your immigration case easier and faster. Have access to
forms and sample briefs and legal memorandum especially prepared by
immigration attorneys that you can use with your applications.
Attorneys listed in The Best Lawyers in America have prepared many of
these documents.
- Immigration
Research Page: Go here to get
connected to thousands of public and private agencies and businesses related
to US immigration law. You will
have free access to copies of all of the immigration laws, all court
decisions, agency memos and field instructions, forms, addresses and
telephone numbers, and a lot more. We
are constantly adding new links. No
other immigration site has as many links as we have. (Feel free to look at all of our links and send us
suggestions for any others that you believe are important).
- Immigration
Services: These are the businesses
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- Languages:
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German, Italian, and Portuguese translations of our site are now
available. Simply click on the
appropriate language button on our Home Page.
Other languages coming in the future.
- New
Bulletin Board and Chat Room: Post your immigration questions on our Bulletin Board and get
answers from others who have faced the same types of problems, including free
advice from some of the finest immigration attorneys in the country.
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Tune in for other special features and programs.
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Services: Sign up for our free monthly newsletter, including
urgent updates as necessary. Look
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ImmigrationLinks.com by some of the finest immigration attorneys in the
country.
- Banner Exchange Program: If you have a web site and would like to exchange banner links with us, please send e-mail to info@immigrationlinks.com. We will contact you to discuss your site’s inclusion in our program.
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Top
Immigration Attorneys Answer Your Immigration Questions for FREE
ImmigrationLinks.com is pleased to announce that some of the top immigration attorneys in the country will be answering your “general” immigration questions for free on our “Bulletin Board” page. Our guest moderators this month will be Mark J. Newman of the law firm of Troutman Sanders, LLP, in Atlanta, Georgia and Mary E. Kramer of the law firm of Mary E. Kramer, P.A., located in Miami, Florida.
Mr. Newman will be answering your questions from October 1 through October
15, and Mrs. Kramer will answer questions later in the month. These
are two of the finest immigration practitioners in the country.
Post your questions on our bulletin board and Mr. Newman or Mrs. Kramer
will answer them for you. You
can contact Mr. Newman at his e-mail address of: mark.newman@troutmansanders.com.
Mrs.
Kramer can be contacted at her e-mail address of: maryekramer@cs.com.
We plan on having guest attorneys available to
answer your questions at least once a month. This service, as are all other services on our site, is
completely free. We
hope you will take this opportunity to ask the questions that are important to
you.
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DV-2002
Visa Lottery Begins October 2; Ends November 1
Complete
Information, Forms, Instructions, and Useful Tips can be found on our “Visa
Lottery Home Page” at www.immigrationlinks.com/dvlotterylink.htm
The mail-in period for the next Diversity Visa lottery
(DV-2002) will be held between noon on October 2, 2000 and noon on November 1,
2000. There are several important
changes for DV-2002. Those who
choose to enter the DV-2002 lottery should obtain a copy of the latest
instructions and follow them carefully. Complete
instructions for entry into the DV-2002 lottery were e-mailed to all persons on
our mailing list in early August 2000. If
you are on our FREE mailing list you will continue to receive all the latest
immigration news as well as any lottery updates.
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American
Green
Card
Lottery Registration Service
Register
for the Annual Diversity Immigrant Visa Lottery
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Visit Our Sponsors Who Help Pay the Costs of Our Monthly Newsletters
and the Free Services Provided by Our Site. **
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Important Reminder: NEW I-485 FORM REQUIRED AFTER 9/30/00
The Immigration and Naturalization Service has announced that any adjustment of status applications filed after September 30, 2000 will be rejected if the new version of Form I-485 is not used. The new version of the form can be found on the INS website at:
http://www.ins.usdoj.gov/graphics/formsfee/forms/files/i-485.pdf.
For the complete INS Memo announcing the change, click here.
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AILA Press Release
IMMIGRATION
LAWYERS: STRONGLY ENDORSE KENNEDY BILL --
RESTORES JUSTICE, FAIRNESS, FAMILY VALUES TO IMMIGRATION
FOR IMMEDIATE RELEASE
Wednesday, September 27, 2000
CONTACT:
Matt Tallmer
AILA Public Affairs Manager
202-216-2404
WASHINGTON, D.C. The American Immigration Lawyers Association (AILA) today strongly endorsed the Immigrant Fairness Restoration Act of 2000, introduced by Senators Edward Kennedy (D-MA), Bob Graham (D-FL), and others.
Four years ago, Congress passed a harsh and overbroad immigration bill. Among its more draconian effects, this measure denies people their day in court, denies people a second chance, changes the rules in the middle of the game and tears families apart. The Kennedy/Graham bill would help remedy those un-American effects by restoring limited discretion to immigration judges to evaluate cases on an individual basis and grant relief to deserving immigrants and their families, provide adequate judicial review of immigration orders and decisions, and ensure that detention does not violate basic human rights and needlessly separate American families.
“AILA is proud to endorse the Immigration Fairness Restoration Act. It would undo many of the overly harsh provisions of IIRAIRA and, once again, restore such key American principles of law, justice, fairness and family values to our immigration system. Senators Kennedy and Graham deserve credit for standing up for the rights of immigrants and their families,” said Jeanne A. Butterfield, Executive Director of AILA. “The Kennedy/Graham bill accomplishes much of what the recently passed House measure, H.R. 5062, leaves undone. Regrettably, H.R. 5062 would leave in place many of the most harmful aspects of the 1996 laws.”
The Kennedy/Graham bill would restore time-honored principles of American law to our nation’s immigration system:
- The punishment should fit the crime. A person who never spent a night in jail should not be treated the same as someone who has served decades in prison. An offense that is expunged or vacated under state criminal law should not be treated as a conviction under the immigration law.
- Laws should not operate retroactively. They are unconstitutional in criminal law and should be avoided in the immigration context.
- Judges must have discretion to make appropriate decisions. In most cases involving long-term immigrants, an immigration judge should be able to evaluate the nature of the offense, the extent of one's ties to the U.S., evidence of rehabilitation, and the severity of the hardship deportation may cause U.S. citizen and legal resident family members.
- People should not be detained unless they are a danger or a flight risk, and only after a judicial hearing.
- Judges should review agency decisions. The decision to deport someone is momentous, especially for refugees fleeing persecution and legal immigrants who have lived most of their lives in this country.
“With Congress set to adjourn shortly, we urge the Senate and White House
to act now and pass the Kennedy/Graham bill, thereby restoring balance and key
American principles of law, justice, fairness and family values to our
immigration system,” Butterfield said.
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SENATE HOLDS PROCEDURAL VOTES ON H-1B, LATINO, AND IMMIGRANT FAIRNESS ACTS
September 27, 2000
On two important procedural issues, the Senate held two separate votes on the Latino and Immigrant Fairness Act and the Hatch/Abraham H-1B bill.
The H-1B procedural vote passed 96-2. The vote on the Senate H-1B bill itself (S. 2045), along with amendments, is expected next Tuesday. At this time it is still unclear whether the House will take up the H-1B bill, or if it will be included in a final, end-of-the-year, omnibus budget bill.
The Latino and Immigrant and Fairness Act procedural amendment failed 55-43. This bill would restore Section 245(i), grant NACARA parity, and update the registry date to January 1, 1986. Most Democrats voted in support of the bill while most Republicans opposed it.
The Democrats did not expect their amendment on the Latino Immigrant and Fairness Act to pass. They will continue to push for these measures to be included on an appropriations bill. President Clinton has indicated that he would veto the relevant appropriation bill if it does not include the Latino and Immigrant issues. 150 Representatives and 43 Senators have sent a letter to President Clinton indicating that they would vote to sustain his veto.
As these issues come to a climax, it is more important than ever that we contact our Congresspersons to let them know that we strongly favor this legislation to restore fairness to US immigration policy.
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Department
of State Issues Cable on Immigrant Visa Processing
of Adjustment Cases
The US State Department has instructed consular posts to accept employment-based immigrant visa cases directly for persons with Adjustment of Status applications pending, who were last resident in that district, and encourages posts to accept such cases from out-of district residents.
The cable, issued by the Visa Office, contains two major parts. The first part of the cable requires posts to directly accept for consular processing a case where an I-140 was approved for adjustment of status and an I-824 requesting consular processing has been filed for an individual who was last resident in the post's jurisdiction, provided the following are provided:
Original I-797 approval notice for I-140;
Copy of I-140 petition as filed with support documents - no need to be
certified;
Copy of the I-824 filing receipt.
The second part of the cable authorizes posts to accept on a discretionary basis the cases discussed above for persons not considered resident in that consular district, using the same documentation. Ciudad Juarez has already indicated its willingness to accept such third country national cases. It should be noted, however, that any post accepting such discretionary cases may cease to do so at any time, and is likely to stop accepting the cases if the volume becomes too high.
Editor’s note: As we mentioned at the time of the initial release of this information, it is very important to make sure that you are not subject to the 3/10 year bars before proceeding to a consulate outside of the United States.
For a copy of the Department of State cable in pdf format, click here.
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AAO
Decisions Now Available on INS Website
The Immigration and Naturalization Service has made some AAO decisions available on its website. At the moment, only cases from early 2000 are posted and are in PDF format. The INS web site address is:
http://www.ins.usdoj.gov/graphics/aboutins/foia/ereadrm/reference/admindec/index.htm*****************************************************
Religious Workers Provisions Sunset
The US State Department has indicated that it will not issue visa numbers for religious workers after September 28, 2000 in light of the sunset of the religious worker provisions on September 30.
The House of Representatives has passed a three-year extension of the special immigrant provisions for religious workers, and a bill making the provisions permanent is pending in the Senate. While it appears likely that Congress will, at a minimum, approve an extension of the program, for the time being no one will be issued religious worker visas to enter the US. It should be noted that ministers of religion are not affected by the sunset.
We will immediately advise when any new laws pass.***************************************************
New Procedures for Third Country National Non-Immigrant Visa Processing in Ciudad Juarez
The consulate at Ciudad Juarez is implementing new procedures for nonimmigrant visa processing, effective October 2, 2000. To view the complete memo, click here.
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California Service Center Announces File Audit -- Expect Some
Delays
(Audits at Other Service Centers Also
Expected)
The California Service Center announced that its latest file audit is
expected to run from September 26 through October 4, 2000. INS Direct will
remain open and staffed, but movement of files will be frozen. The audit
is being conducted at the other service centers as well, at approximately the
same time.
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State Department Announces $50 Fee on I-864 Affidavits of Support
The
US State Department has announced that a $50.00 fee will be imposed on all I-864
Affidavits of Support sent to petitioners by the National Visa Center (NVC) or
overseas posts after October 1, 2000.
The fee will not apply to I-864s filed with the Immigration and
Naturalization Service in Adjustment of Status cases.
For the entire rule, published at 65 FR 54148, click
here.
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State Department Announces 10 Consular
Posts
Where Immigrant Visa Fees to be Paid in Advance
September 8, 2000
The US State Department has announced the 10 Consular Posts where a new rule
requiring applicants to pay the processing fee prior to formal application for
their immigrant visas will be implemented.
The 10 posts at which advanced payment of the application processing fee must be
paid are: Manila, Ciudad Juarez, Santo Domingo, Guangzhou, Bogota, Port au
Prince, Georgetown, Freetown, Tirana, and Montreal.
At all other posts fees will continue to be paid immediately prior to formal
application for a visa until the Deputy Assistant Secretary designates the new
procedure for each such post.
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Thank you for taking the time to read through this
month's mailing. We hope you have picked up at least a few important pointers.
Please feel free to send us your immigration-related article that you want us to
include in our next monthly mailing. Click
here for instructions. Your
article will be sent out at the beginning of next month to all of our
subscribers, and it can be viewed online by millions of prospective immigration
applicants around the world.
We would also like to hear from anyone who has had either
a positive or negative experience with the US Immigration Service, Immigration
Court, or a US Consulate, as we would like to share these thoughts with our
readers. Appropriate articles will
be published in our monthly newsletters. We
do need your name and e-mail address in order to obtain additional information
if necessary, however this information will not be disclosed without your
specific consent.
As mentioned above, there are many proposals currently
before Congress that will restore rights and benefits that were taken away under
the 1996 law. It is important that
everyone contact their Senators and Representatives to let them know that we
want fairness and justice when dealing with those seeking to join their family
members, or prospective employers, in the United States.
With your help, the rights of immigrants and their family members will be
greatly enhanced.
The entire staff of ImmigrationLinks.com
would like to take this opportunity to wish all of you the best in dealing with
your immigration case.
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