July 2001 Newsletter
**U.S.
IMMIGRATION NEWS**
July 1, 2001
Published by:
ImmigrationLinks.com, Inc.
“Your Immigration Link to the World”
Copyright © 2001, ImmigrationLinks.com, Inc.
Email: info@immigrationlinks.com
Internet: www.immigrationlinks.com
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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”.
This past month has been extremely exciting and important in the development of US Immigration Law.
We had two highly important Supreme Court decisions, the Late Legalization and
H-1C Nurse regulations, the Child Citizenship Act regulations, and INS guidance
on the AC21 legislation. In addition, many important bills are pending in
Congress that will further restore many of the rights taken from aliens by the
passage of the Immigration Act of 1996. However, we are still anxiously
awaiting the INS K-3 and V regulations. These were supposed to be out by
the end of May, but it now looks like the middle of July or beginning of August
before they are released. As the months pass, we can expect many more changes, and new and exciting
developments in the field of immigration law.
ImmigrationLinks.com has also grown tremendously since its beginning just
one year ago. In this short time
we have become one of the top immigration news and information providers on the
Internet, servicing hundreds of thousands of viewers each month.
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, and many more features are coming soon.
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 that provide valuable products and services to assist the immigrant community. Let us promote your company’s business on our site for as little as $25.00 per year. You can also have our free banner placed on your business’s web site as a service for your customers.
- Languages: Spanish, French, 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.
- 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. Chat live online with others, including immigration law experts. Tune in for other special features and programs.
- Other Services: Sign up for our free monthly newsletter, including urgent updates as necessary. Look for free downloads of immigration materials including official immigration, state department, and labor department application forms; specially prepared forms to use with your applications; news articles; and insider tips written for 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.
To view previous issues of our Monthly Immigration Newsletters, Click Here.
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***Coming Soon***
ImmigrationLinks.com is known for its high quality news, information, and research services. It is recognized internationally for one of the top Immigration Law Manuals available on the Internet. Soon, we will be releasing a brand new version of our Do-it-Yourself Processing Kit for Marriage Cases. In keeping with the high quality of all of our products, this will be the finest Immigration Kit available anywhere. It will contain features not available in other do-it-yourself products, and it will be authored by an attorney listed in The Best Lawyers in America, and Law and Leading Attorneys in America. It will prove to be an invaluable resource for those wishing to file their own petition and/or application based upon marriage to a US citizen or lawful permanent resident alien.
The kit will allow persons to file for conditional and permanent residence based on marriage to a US citizen or lawful permanent resident alien. It will allow US citizens to petition for their fiancées, and to apply for the new K-3 visa at consulates outside of the US. Spouses and minor children of permanent resident aliens who qualify for the new V visa will be able to use these kits to obtain V visas or status, work permission, and then permanent residence when their priority dates become current. Also, this kit will have everything needed to file for removal of conditional residence for those who need to do so.
***We expect the kit to be available shortly after INS releases its much awaited K-3 and V regulations.
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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. This month the law staff of ImmigrationLinks.com will be answering your questions.
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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Supreme Court Rules in Favor of Aliens
The US Supreme Court issued two major immigration law decisions, that greatly impact on the rights of criminal aliens to file for waivers of removal and to be free from the threat of indefinite detention following completion of their sentences.
In one case, the Supreme Court ruled that permanent resident aliens who pleaded guilty to crimes in the years before enactment of the Immigration Reform Act of 1996 do not face automatic deportation, as the Clinton and Bush administrations maintained, but can still seek waivers of deportation under the rules that existed prior to enactment of the new law.
To view more on this case, click here: Supreme Court Allows Criminal Aliens to Apply for Waivers
In the second case, the Supreme Court held that the INS cannot indefinitely detain individuals who have been ordered deported, but cannot be removed in the foreseeable future.
To view the complete decision, click here: Supreme Court Declares Indefinite Detention Unconstitutional
These are two of the most important immigration decisions from the Supreme Court in recent years, and go a long way toward returning some of the rights that were taken away from aliens by passage of the restrictionist Immigration Act of 1996.
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A Review of Our Top Ten Predictions
In our June 2000 Newsletter, we issued our Top Ten predictions for the coming year. With six months still left to go in this year, we would like to review these predictions with you, and see how accurate we have been. The predictions themselves are in black type, with our current comments in red type.
New Feature: Top Ten Predictions for the Coming Year! (Based on information from our sources in Washington and around the world). (Published in our June 2000 Newsletter)
10. INS will continue to be in the news regarding its unlawful searches and seizures and border stops. Congress will be forced to restrict INS power by amending several of the controversial provisions of the 1996 Act. (Much of this has happened, with several other important bills currently pending).
9. The Immigration and Naturalization Service will be reorganized, into at least two, but possibly more different sections. For sure, there will be a separation between the enforcement section and the benefits section. This will only cause more confusion and delay than already exists within the agency. (This has not happened yet, but there is a bill currently pending in Congress, with a reasonable chance of success).
8. Congress will amend the H-1B regulations and add substantially more visa numbers. But, obstructionist members of Congress will add additional provisions to the law that will erode much of the value of the added numbers. As a consequence, Congress will have to amend the law again within a year. (As we correctly predicted, major changes occurred in the H-1B program. Substantially more visa numbers were added, and additional benefits were granted to H-1B employers and employees. These changes are contained in the Bill, commonly known as AC21. However, as we also predicted, certain provisions, including the $1,000.00 training fee, as well as the Labor Department's interpretation of various H-1B provisions has caused concern among employers and employees. Members of Congress have already indicated that they would like to change or eliminate some of the objectionable provisions).
7. The US Department of Labor
will drastically revise its procedures in applying for labor certification.
Overall the procedures should be less complicated, but will be more
restrictive as to the types of occupations that can qualify for certification,
at least in the skilled categories.
6. The federal courts will continue to chip away at several of the unconstitutional provisions of IIRAIRA, and will ultimately restore 212(c) relief to those who committed deportable crimes before the law went into effect. (As outlined above, the US Supreme Court has just declared unconstitutional many of the restrictive provisions contained in the Immigration Act of 1996. Furthermore, other Federal Courts have also declared other provisions unconstitutional, and many other issues are currently on appeal).
5. The requirements to obtain
fraud waivers will be relaxed, especially if there is a close US citizen
relative, and no criminal activity is involved.
4. Congress will amend some of
the harsher criminal provisions of the Immigration Act of 1996.
Waivers will become available for certain criminal offenses for which
waivers did not previously exist.
3. A new version of Section 245(i) will be enacted allowing those who are unlawfully in the US to obtain an adjustment of status in this country without the need to return to their country for consular processing. (As we all know, this did occur. Section 245(i) was extended until 4/30/01. Chances are also excellent that it will be further extended for an additional 4-12 months. Prospects are also good that within a few years, section 245(i) will be made permanent).
2. Haitians, El Salvadorians, Guatemalans, and Hondurans will be given the same privileges granted to Nicaraguans and Cubans under NACARA. (This change did not occur, although legislation is currently pending in Congress and is likely to pass in the future, although probably not by the end of this year).
1. Congress will pass, and the President will sign, a new Amnesty law granting permanent status to anyone who is statutorily eligible and who has been physically present in the US since before 1986. (This almost occurred in the final days of the last congressional session. However, with the current make-up of Congress, it is not likely that an amnesty bill will be considered until near the end of President Bush's first term in office. However, some type of update of the Registry provisions of the law could pass before then).
All in all, six of our ten predictions have come about, in one form or another. It is likely that one or two others will be realized by the end of this year, with the others predicted to pass within the next few years.
See next month's newsletter for our top ten predictions for the year 2002!
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INS Publishes "Late Amnesty" Regulation
After much delay, the Immigration and Naturalization Service has finally published its much awaiting regulation on the implementation of the "Late Amnesty" provisions contained in the LIFE Act.
To be eligible for LIFE Legalization, applicants must:
- Have filed with the Attorney General a written claim for class membership, with or without a filing fee, in one of the following legalization lawsuits before October 1, 2000: CSS, LULAC or Zambrano;
- Have entered the United States before January 1, 1982, and resided continuously in the United States in an unlawful status since that date through May 4, 1988;
- Have been physically present in the United States during the period beginning on November 6, 1986, and ending on May 4, 1988;
- Be admissible to the United States;
- Have no conviction for a felony or for three or more misdemeanors committed in the United States; and
- Demonstrate basic citizenship skills or be pursuing a recognized course of study to achieve basic citizenship skills.
Eligible persons will have a one-year period to apply for the LIFE Legalization program. The application period begins on June 1, 2001, and ends on May 31, 2002. They may apply from within the United States or from abroad.
To read the regulation in its entirety, as well as INS Press Releases and much more information on this matter, click on the link below.
"Late Amnesty" Regulation Published by INS
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Immigration Bills Currently Pending in Congress
To view a description of immigration-related bills, introduced during the 1st session of the 107th Congress, that reflect AILA’s legislative priorities, click on the following link:
AILA's Hot Bills--107th Congress: First Session
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The New V and K3 Visas
Another month has passed and we still do not have V and K-3 regulations from the Immigration Service. Despite the fact that the Immigration Service had been promising regulations on these new visa categories since May, nothing has yet been issued. The State Department has been slowly processing V visa applications, however, many consulates are still not accepting applications, or are imposing their own restrictions, because they are unsure of the procedures for processing them.
The National Visa Center has begun sending V visa packages to those who appear to qualify based upon the cases pending with them. Anyone who has a V visa case pending with a US consul should immediately contact the consul to ascertain how they are processing the applications so that the necessary documents and forms can be quickly obtained and forwarded to the consul.
We will of course post all the latest information to our web site as soon as it is published.
For more information on the V and K-3 visas, click on any of the links below:
INS
on the New "V" Visa Application (04/18/01)
State Department Issues Interim Final Regulations on V and K Visas (04/16/01)
Filing for "V" Non-Immigrant Status in the United States (04/02/01)
INS Tells "V" Visa Applicants to Wait to Apply (03/30/01)
INS Proposes Using Revised I-129F Form for K3 Petitions (03/26/01)
New DS-3052 "V" Visa
Form (03/12/01)
New and Improved Form OF-156 for Non-immigrant Visa Applications
(03/12/01)
National Visa Center to Begin Sending "V"
Visa Packages (03/12/01)
V and K3
Visa Information from the State Department Web Site
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INS Discusses its Interpretation of AC21
The Immigration and Naturalization Service has released instructions on how it will implement provisions of the American Competitiveness in the Twenty First Century Act. To view, click on the link below:
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Extension of Section 245(i) Being Debated by Congress
The House of Representatives on May 21 passed a limited extension of Section 245(i). H.R. 1885 would extend the Section 245(i) deadline for only four months, while also requiring beneficiaries to demonstrate that the required “familial or employment relationship” existed on or before April 30, 2001.
Both the short four-month extension, and the new requirement, create problems for both families and businesses. In contrast, S. 778, introduced by Senator Chuck Hagel (R-NE) and Edward Kennedy (D-MA), would extend the Section 245(i) deadline for one year, giving people a more realistic period of time to file.
The Senate is now considering whether to pass the House version, or to push it's own legislation. We urge all our readers to call or write their member of Congress and support S. 778.
For more information on the Senate Bill, as well as background material provided by AILA, click here.
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INS Issues Child Citizenship Act Regulations
The Immigration and Naturalization Service has issued interim regulations implementing Title I of the Child Citizenship Act, regarding applications for children residing within and outside the US. Those wishing to file comments must do so by August 13, 2001.
To view the regulation, click on the following link: INS Issues Child Citizenship Act Regulations
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INS Limits Removal Against 245(i) Applicants
The Immigration and Naturalization Service Headquarters has advised its field offices not to initiate proceedings against section 245(i) applicants based solely on an application or petition filed on or after April 27, 2001.
This prohibition ends if and when the petition or application is denied.
To
read the entire memo, click here. 
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Department of State Cable Discusses Visa Refusal Procedures
The US State Department has sent a cable to all consular posts reminding them of the procedures to follow for visa refusals, particularly noting that applications should not be denied on substantive grounds without an interview and that applicants should be advised of the grounds of refusal.
Click here to view the entire cable: State Department Cable Discusses Visa Refusal Procedures
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Have a Great
Independence Day,
and Keep Checking Back for All the Latest Immigration News and Information
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.
Even though Congress and the Courts have remedied some of the harsh consequences of the 1996 Act, they have not gone far enough, and there is still much more that has to be accomplished. We will provide our readers with updates on what is still needed to bring fairness and equity to US immigration 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, and have a wonderful summer (unless, of course, you are in the Southern Hemisphere in which case we wish you a wonderful winter).
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