February 2002 Newsletter

**U.S. IMMIGRATION NEWS**

February 1, 2002

Published by:

ImmigrationLinks.com, Inc.

“Your Immigration Link to the World”

Copyright © 2002, 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”.  Important immigration legislation will be coming forth within the next few months.  There are a lot of new bills on the table, and many of the old issues such as an extension of section 245(i), and further relief for spouses of lawful permanent resident aliens, are sure to come up again.  It is more important than ever that we contact our Congressmen and women to let them know how important these issues are for the benefit of families and businesses in this country.  As usual, we will be at the forefront to express these views to our lawmakers and, as always, we will keep you up to date with all of the latest developments in US immigration law..  

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.

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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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Reminder--INS Fees to Increase on February 19, 2002

The Immigration and Naturalization Service has published its Final Rule implementing fee increases for a variety of petitions and applications.  The fees are to take effect on February 19, 2002.

Click here to view the entire rule, containing the specific petitions and applications that will see fee increases.

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President Bush Signs Work Authorization Bill
for Spouses of E and L Aliens

President Bush has signed into law two bills, (H.R. 2277 and H.R. 2278), allowing spouses of treaty traders, treaty investors, and intra-company transferees to work in the United States.

H.R. 2277 (PL 107-124) provides work authorization to the spouses of E visa holders.  H.R. 2278 (PL 107-125) provides work authorization to the spouses of L visa holders, and reduces the required period of prior continuous employment for certain intra-company transferees.

Specifically, H.R. 2278 amends INA section 214(c)(2)(A) to provide that in the case of an alien seeking admission under section 101(a)(15)(L), the required one-year period of continuous employment is reduced to six months if the petitioning employer has filed a blanket petition and met the requirements for expedited processing of aliens covered under such petition.  

It is now up to INS to issue a regulation explaining how the applicant is to apply for the work permit.  Preliminary indications are that form I-765 will be required.

We will post the regulation on our web site as soon as it becomes available.  

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"T" Visa Regulation Signed by Attorney General

Attorney General John Ashcroft has signed an interim regulation that sets forth application procedures for the new ‘T’ nonimmigrant classification.

The new regulation is expected to be published in the Federal Register next week, and will take effect 30 days after publication.  For more information, click on the following links:

Department of Justice press release announcing the new regulation.

‘T’ visa fact sheet from the INS, explaining the "T" non-immigrant application procedure.

Copy of Form I-914, Application for T Nonimmigrant Status, including Supplements A and B.

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Removal of New Petition Requirement for Certain H1-B Applicants

State Department Cable clarifies that a new H-1B petition is no longer required when the petitioning company has been restructured including, but not limited to, by merger, acquisition or consolidation.  

To view the entire cable, click here.

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State Department Announces New NIV Application Form 
for Male Applicants Between 16 and 45

Click here to view the State Department memo, and a copy of the new form.

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Reminder--New Form I-140 Required as of February 1, 2001

The US Immigration and Naturalization Service has announced that effective February 1, 2002, only the new version of form I-140, with a print date of 8-30-01, will be accepted.

The new form is available at our Home page by clicking on "Free Immigration Forms".  

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Ninth Circuit Holds INA §236(c) Unconstitutional 
as Applied to Permanent Resident Aliens

The 9th Circuit Court of Appeals has held that, for lawful permanent resident aliens detained prior to removal proceedings, due process requires a bail hearing with reasonable promptness. 

The case was Kim v. Ziglar, No. 99-17373. 1/9/02.  To view the entire decision, click here.

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Immigration Judges Rebuke Ashcroft

In an article entitled "Immigration Judges Rebuke Ashcroft", the Tampa Tribune discusses the Immigration Judges' opposition to several of the proposals instituted by Attorney General Ashcroft.  For more information, click on the following link: http://tampatrib.com/News/MGABYY164XC.html .

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Temporary Protected Status (TPS) Applicants Will Not be Entered in the FBI’s National Crime Information Center (NCIC) Database

The Immigration and Naturalization Service (INS) will not enter TPS applicants into the FBI’s NCIC database with other aliens who absconded from orders of deportation.  INS has procedures in place to insure that TPS applicants will not be entered into the NCIC lookout system.   All TPS applicants are protected from removal from the United States during the designated TPS period. 

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Best Wishes to All
from the Staff of ImmigrationLinks.com;
Now Your #1 Source for Information on US Immigration Law

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 with warm wishes to you and your families during this New Year. 

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