November 2001 Newsletter
**U.S.
IMMIGRATION NEWS**
November 1, 2001
Published by:
ImmigrationLinks.com, Inc.
“Your Immigration Link to the World”
Copyright © 2001, 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”. The Immigration news this past month has concentrated almost exclusively on the events of September 11, and Congress's attempts to crack down on terrorism through the enactment of anti-terrorist legislation. The most significant piece of legislation was the passage of the USA Patriot Act of 2001 signed into law by President Bush on October 26. The bill contains several provisions that directly relate to the enforcement of US immigration laws. On a more positive note, all of the agencies that deal with US immigration law have now gotten back to normal processing of cases, and things should move forward more smoothly than in the preceding two months. As usual, we will keep you up to date with all of the latest developments as they relate to US immigration.
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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.
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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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President Bush Signs Anti Terrorism Legislation
President George W. Bush signed into law the USA Patriot Act of 2001. The official title of the bill is the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001".
To view the entire bill, click
here. 
(Note: the
document is quite large and may take a minute or two to download).
The USA Patriot Act contains several
important immigration provisions. To view a summary of the key provisions,
please click here.
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State Dept. Advises on Processing of V Visas Where I-130s Not Yet Adjudicated
October 31, 2001
The State Department has advised that it has now implemented a procedure whereby I-130 petitions that are still pending with INS, and have not yet been adjudicated, have now been entered into the "V" Visa eligible database.
According to the State Department, the Visa Office has received data from INS on unadjudicated I-130 petitions. It is now conducting criminal name checks for all these applicants and adding their names to a database that includes V eligible applicants. It is estimated that there are about 122,000 of these cases.
Consular officers worldwide will use this database to confirm I-130 petition filings with INS and priority dates in order to determine eligibility to apply for the V visa. Once applicants’ names are in this database, the NVC will send letters to all applicants to inform them that they might be eligible to apply for the V visa, and directing them to contact the consular section responsible for immigrant visa issuance in their country of residence. An attachment to the NVC’s letter will list contact information for all posts.
The State Department indicates that it hopes to have this system in place before the end of November.
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How to Check Status of Pending K-3 Application with the NVC
November 1, 2001
Up until recently, it has been nearly impossible to check the status of a K-3 petition that was approved by INS and sent to the National Visa Center.
But now there is a way. Call
the National Visa Center at 1-603-334-0700
Listen to the prompts and press 2;
Listen to the prompts again and press 2;
Listen to the prompts and press 3;
Listen to the prompts again and press 2;
(That's 2,2,3,2).
Punch in your MSC # and the system will tell you you pressed MRB. That's
OK. Say yes and enter your MSC number.
The system will then tell you that your file was not found and will ask if you
want to speak to
an operator. An operator will come on. Then you can inquire into the
status of your case.
Good luck to all.
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Know Your Rights if You are
Stopped for Immigration Questioning
(From the National Lawyers Guild)
(Reprinted from last month's edition)
September 20, 2001
KNOW
YOUR RIGHTS!
What rights do I have?
The Right to Advocate for Change.
The First Amendment to the U.S. Constitution protects the rights of groups and
individuals who advocate changes in laws, government practices, and even the
form of government.
The Right to Remain Silent. The Fifth Amendment of the
Constitution provides that every person has the right to remain silent in the
face of questions posed by any police officer or government agent.
The Right to be Free from "Unreasonable Searches and
Seizures." The Fourth Amendment is supposed to protect your
privacy. Without a warrant, no government agent is allowed to search your home
or office and you can refuse to let them in. Know, however, that it is easy for
the government to monitor your telephone calls, conversations in your office,
home, car, or meeting place, as well as mail. E-mail is particularly
insecure. The government has already begun stepping up its monitoring of
e-mails.
CONSTITUTIONAL RIGHTS CANNOT BE SUSPENDED -- EVEN
DURING
A STATE OF EMERGENCY OR WARTIME.
What should I do if agents
come to question me?
1. YOU DO NOT HAVE TO TALK TO THE POLICE, FBI, INS, OR ANY OTHER LAW ENFORCEMENT
AGENT OR INVESTIGATOR. Other than providing your name and address to a
police officer who is investigating a crime, you are not legally obligated to
talk to anyone: on the street, at your home or office, if you've been arrested,
or even if you're in jail. Only a judge has the legal authority to order you
to answer questions.
2. YOU DO NOT HAVE TO LET POLICE OR OTHER LAW ENFORCEMENT AGENTS
INTO YOUR HOME OR OFFICE UNLESS THEY HAVE A SEARCH WARRANT OR ARREST WARRANT. Demand
to see the warrant. The warrant must specifically describe the place to be
searched and the things to be seized. If they have a warrant, you cannot stop
them from entering and searching, but you should still tell them that you do
not consent to a search. This will limit them to the scope of the search
authorized by the warrant.
3. IF THEY DO PRESENT A WARRANT, YOU HAVE THE RIGHT TO MONITOR THEIR
SEARCH AND ACTIVITIES. You have the right to observe what they do. You
have the right to ask them for their names and titles. Take written notes
including their names, badge numbers, and what agency they are from. Have your
friends who are present act as witnesses. Give this information to your lawyer.
A warrant does not give the government the right to question, nor does it
obligate you to answer questions.
4. IF THE POLICE OR FBI OR INS OR ANYONE ELSE TRIES TO QUESTION YOU OR
TRIES TO ENTER YOUR HOME WITHOUT A WARRANT, JUST SAY NO! Police and
other law enforcement agents are very skilled at getting information from
people. Many people are afraid that if they refuse to cooperate, it will
appear as if they have something to hide. Don't be fooled. The police
are allowed to (and do) lie to you. Although agents may seem nice and pretend to
be on your side, they are likely to be intent on learning about the habits,
opinions, and affiliations of people not suspected of wrongdoing, with the end
goal of stopping political activity with which the government disagrees. Trying
to answer agents' questions, or trying to "educate them" about your
cause can be very dangerous. You can never tell how a seemingly harmless bit of
information that you give them might be used and misconstrued to hurt you or
someone else. And keep in mind that lying to a federal agent is a crime.
5. IF YOU ARE STOPPED ON THE STREET, ASK IF YOU ARE FREE TO GO.
If you are stopped by the police, ask them why. If they do not have a good
reason for stopping you, or if you find yourself chatting for more than about a
minute, ask ""Am I under arrest, or am I free to go."" If
they do not state that you are under arrest, tell them that you do not wish to
continue speaking with them and that you are going to go about your business.
Then do so.
6. ANYTHING YOU SAY TO THE POLICE, FBI, INS, ETC. WILL BE USED AGAINST
YOU AND OTHERS. Once you've been arrested, you cannot talk your way out
of it! Don't try to engage the cops in dialogue or respond to their accusations.
7. THE FBI MAY THREATEN YOU WITH A GRAND JURY SUBPOENA IF YOU DON'T
TALK TO THEM. They may give you a subpoena anyway, so anything you tell
them may permit them to ask you more detailed questions later. You may also have
legal grounds to refuse to answer questions before a grand jury. If you are
given a grand jury subpoena, you should call a lawyer immediately (see contact
information at the end). Tell your friends and movement groups about the
subpoena and discuss how to respond. Do not try to deal with this alone.
8. IF YOU ARE NERVOUS ABOUT SIMPLY REFUSING TO TALK, TELL THEM TO
CONTACT YOUR LAWYER. They should stop trying to question you once you
announce your desire to consult a lawyer. You do not have to already
have one. Remember to get the name, agency, and telephone number of any
investigator who visits you, and contact the National Lawyers Guild for help
getting a lawyer.
How
should I respond to threatening letters or calls?
If your home or office is broken into, or threats have
been made against you, your organization, or someone you work with, share this
information with everyone affected. Take immediate steps to increase personal
and office security. You should discuss with your organization and with a lawyer
whether and how to report such incidents to the police and the advisability of
taking other legal action. If you decide to make a report, do not do so without
a lawyer present.
What
if I suspect surveillance?
Prudence is the best course, no matter who you suspect,
or what the basis of your suspicion. Do not hesitate to confront suspected
agents politely, in public, with at least one other person present, and inquire
about their business. If the suspect declines to answer, he or she at least now
knows that you are aware of the surveillance. If you suspect government agents
are monitoring you, or are harassing you, report this to the National Lawyers
Guild.
What
if I am not a citizen?
1. YOU DO NOT HAVE TO REVEAL YOUR IMMIGRATION STATUS. We
cannot count on the police to honor local sanctuary ordinances, and the fact
that the INS obtained your name in violation of a sanctuary ordinance will NOT
prevent you from being deported.
2. FOREIGN NATIONALS WHO ARE ARRESTED IN THE U.S. HAVE THE RIGHT TO CALL YOUR CONSULATE or to have the police inform your consulate of your arrest. The police must allow your consul to visit or speak with you. Your consul might assist you in finding a lawyer or offer other help, such as contacting your family. You also have the right to refuse help from your consulate.
3. DO NOT TALK TO THE INS, EVEN ON THE PHONE, before
talking to an immigration lawyer. Many INS officers view
""enforcement,"" meaning deporting people, as their primary
job. They do not believe that explaining immigration options is part of their
job, and most will readily admit this. (Noncitizens who are victims of domestic
abuse should speak with an expert in both immigration law and domestic
violence.) A noncitizen should always
speak with an immigration law expert before speaking to the INS either in person
or by telephone.
4. KNOW AND ASSERT YOUR RIGHTS!
All noncitizens have the following rights, regardless of your immigration
status:
a. The right to speak to an attorney before answering any questions or
signing any documents;
b. The right to a hearing with an Immigration Judge;
c. The right to have an attorney at that hearing and in any interview with INS
(however you do not have the right to a free, government-paid lawyer); and
d. The right to request release from detention, by paying a bond if necessary.
Noncitizens must assert these rights. If you do not demand these rights,
you can be deported without seeing either an attorney or a judge. Leaving the
U.S. in this way may have serious consequences for your ability to later enter
or to gain legal immigration status in the U.S.
5. TALK TO AN IMMIGRATION LAWYER BEFORE LEAVING THE U.S.
Anyone not a U.S. citizen may be barred from coming back to the U.S. if
they fall into certain categories of people barred from entering. This includes
some lawful permanent residents and applicants for green cards. Some noncitizens
that have been in the U.S. without INS permission may be permanently barred from
re-entering. In addition, some noncitizens that leave the US and return with INS
permission may be swiftly removed from the U.S. if they end up in immigration
proceedings.
CONTACT INFORMATION
National Lawyers Guild
National office: (212) 627-2656, www.nlg.org
National Immigration Project: (617) 227-9727
Immigration Law Center
Immigration law information is available on www.nilc.org
American Arab Anti-Discrimination
Committee
Report hate crimes and harassment against Arab Americans and
Muslims to
ADC: (202) 244-2990.
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New E and K Visa Forms in Use at Consulates
The US State Department has issued form DS-156E,
which is to be used by persons applying for E-1 Treaty Trader or E-2 Treaty
Investor visas at US consulates abroad. Click
here for the DS-156E.
The US State Department has issued form DS-156F,
which is to be used by persons applying for K visas at US consulates abroad.
Click
here for the DS-156F.
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245(i)
Compromise Reached
(Reprinted from last month's edition)
September 6, 2001
Editor's Note: Apparently, no further action has been taken on this matter because of the events of September 11. We will have to wait to see what effect, if any, the above events will have on the future progress and/or contents of this legislation.
The Senate and House have agreed on a compromise measure to extend section 245(i). While some of the language is a bit confusing, it appears that, under the compromise, many immigrant petitions filed before either April 30, 2002 or four months after regulations are issued (it is not clear whether it is the earlier or the later of these two dates) would form the basis for 245(i) eligibility. However, there are some important exceptions.
For family cases, the family relationship must have existed before August 15, 2001. In essence, this means that the 245(i) extension would not be applicable to marriage-based petitions where the marriage was not entered into before last month.
Similarly, for employment cases based on labor certifications, the labor certification application must have been filed by August 15, 2001. This means that the 245(i) extension would not be applicable to new labor certification applications not filed before last month. However, the extension would be applicable to employment-based petitions that do not require a labor certification.
The compromise deleted an earlier provision that would have required, for employment-based cases, that the employment relationship have existed prior to April 30, 2001. This provision was retroactive in effect, and thus would have effectively cancelled 245(i) eligibility for a large percentage of the labor certification applications filed before the last 245(i) deadline. That provision is no longer in the bill. Also, the date by which the family relationship must have been entered into was moved in the compromise from April 30, 2001 to August 15, 2001.
President Bush is expected to sign the bill once all the details are worked out. We will keep you fully informed on all aspects of this compromise as soon as the information is available.
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Kentucky Consular Center--Contact Information
The following is contact information for the State Department's Kentucky Consular Center:
E-mail address for the Diversity Lottery: KCCDV@STATE.GOV
Public inquiry phone number: (606) 526-7500.
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Best
Wishes to Everyone, 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 we all pray for those who have been affected by the events of September 11.
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