April 2002 Newsletter
**U.S.
IMMIGRATION NEWS**
April 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”. Things are starting to heat up on the Immigration front. The Immigration Service has proposed new regulations that will shorten the time period for visitors entering the US on B visas from six months to 30 days. Another regulation will prohibit a change of status to student (F-1) for nearly all persons entering the US on B visas. Finally, another proposed regulation will require all persons who are ordered deported or removed, to report to INS for deportation or removal within 30 days, otherwise they will be barred from most forms of relief in the future. These are very harsh measures that will affect millions of people who visit the US each year, as well as having a direct effect upon our school systems, and many businesses in the US.
The comment period for these proposed regulations is as little as 30 days. We urge all of our readers to prepare written comments and furnish them to the appropriate agencies. Also, we urge all of you to contact your Senators and Representatives and express your dissatisfaction with these new regulations, as well as urging your members of Congress to do something about the "Service" side of Immigration, not just the "Enforcement" side. You should express your outrage that even the simplest of applications or petitions are taking months or even years to adjudicate. This is causing a severe hardship to families and businesses in the US.
Also, stress the need for a realistic extension of section 245(i), and further relief for spouses of lawful permanent resident aliens. Now is the time for all of us to 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 these bills get closer to a floor vote, we will provide you with additional information as to how to contact your Senators and Representatives to urge their support for this legislation. 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.
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To view previous issues of our Monthly Immigration Newsletters, Click Here.
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Do You Need Your Immigration Documents Translated?
|
***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, including full information on affidavit of support requirements. 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.
This service, as with most 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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Click here to view the INS Press Release on New Rules for Students and Visitors.
Click here to view an INS Fact Sheet on New Rules for Students and Visitors.
Click here for the Mandatory Surrender Proposal for Persons with Final Removal Orders.
INS expects to publish all of these regulations within the next few days. Be sure to keep checking back to get the latest information. Also, we urge all of you to send in your comments to the regulations. We will be posting sample comments, which you can use in your replies.
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Further Guidance on Employment for E-1, E-2, and L-2 Spouses
The Immigration Service has recommended that applications for spousal employment authorization under Pub. L. No. 107-124 be identified as “Spouse of E Non-Immigrant” while those under Pub .L. No. 107-125 be marked as “Spouse of L Non-Immigrant.”
Question #16 on form I-765, Application for Employment Authorization, should be completed with “(a)(17)” for E spouses and “(a)(18)” for L spouses.
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INS Now Requires Full Middle Name on all Petitions and Applications
The US Immigration Service has advised that, effective immediately, all applications and petitions filed at the Service Centers and at all District offices are being screened for name checks through its various databases.
As a result, all individual petitioners, applicants, and beneficiaries listed on all INS applications and petitions should list their full middle name, not just the middle initial.
Failure to list the full name may result in a Request for Evidence, which will result in additional delays in the processing of your case.
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HOT BILLS
107th CONGRESS
(Provided by AILA)
The American Immigration Lawyers Association has provided a list of immigration-related bills introduced during the 107th Congress that reflect AILA's legislative priorities.
Click here to view the pending bills: AILA's Hot Bills--Pending Immigration Legislation in Congress
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Sample 245(i) Letter to Congress
Use this letter as a model to send to your Representative or Senator:
The Honorable (Full Name)
__ (Rm #) __ (name of) House Office Building
United States House of Representatives
Washington, DC 20510
Dear Representative ___________:
Or:
The Honorable (Full Name)
__ (Rm #) __ (name of) Senate Office Building
United States Senate
Washington, DC 20515
Dear Senator ___________:
I am writing to urge you to support a
vital provision of the Immigration and Nationality Act that would permit
immigrants on the brink of becoming permanent residents to stay in the United
States while the Immigration and Naturalization Service (INS) considers their
applications. This provision is
commonly known as Section 245(i). It
permits individuals to qualify for permanent residence in the US without the
need to return to their home countries to receive their visas.
In return, they must pay a $1,000.00 penalty fee, which greatly assists
the Immigration Service in providing services, without the need to seek these
funds from the US Treasury.
Without Section 245(i), affected
immigrants must return to their home countries, thereby disrupting their
families and work lives, to apply abroad for U.S. residency.
In many cases, they must remain outside of the United States for 10 years
or more.
Last year, Congress extended Section 245(i), to allow certain immigrants who filed preliminary paperwork by April 30, 2001 to adjust to permanent resident status here in this country. Unfortunately, this four-month period of time was not long enough to allow many qualified applicants from filing for adjustment based on their family relationships, or through a bona fide offer of employment.
I urge you to support a workable extension of the Section 245(i) deadline of at least one year, without any new requirements. We need an extension of Section 245(i) that will prevent the separation of families, allow businesses to retain valued employees, and provide much-needed income for the Immigration and Naturalization Service.
Sincerely,
Your Name, Address, and Phone #
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US Passports Will No Longer be Issued Abroad
The US Department of State has announced that
effective April 8, 2002, US passports will no
longer be issued outside of the US.
Click here to view the entire State Department memo: US Passports Will No Longer be Issued Abroad.
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Department of State Proposes New Fees for Consular Services
The Department of State has issued a proposed rule that would
increase most fees for consular services.
Comments on the proposal are due by April 29, 2002.
To view the proposed rule, click here: Department of State Proposes New Fees for Consular Services
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House Passes Limited Extension of Section
245(i)
March
13, 2002
Last night, the House of Representatives approved an extension of Section 245(i) by a vote of 275 to 137. As stated in our last report on this issue, the bill is severely flawed and will require major revisions.
However, it is the first step to getting a workable extension of Section 245(i). The overwhelming support for the measure indicates the House’s concern that an extension is absolutely necessary.
The Senate must now vote on similar legislation before it can be sent to the
President for his signature. As of
yet, it is unclear whether the Senate will vote on this bill, or will draft a
bill of its own.
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Department of Labor Memo on RIR Adjudications
The Department of Labor has published a memo regarding RIR processing in light of the current high unemployment and job layoffs.
To view the entire memo, click here: Department of Labor Memo on RIR Adjudications
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OVERVIEW OF THE LEGALIZATION LITIGATION CASES
(CATHOLIC SOCIAL SERVICES v. ASHCROFT AND NEWMAN/LULAC v. INS)
AND
ADJUSTMENT PROVISIONS OF THE LIFE ACT
Reminder: The deadline for filing is June 1, 2002.
For a thorough evaluation of the current status of these cases, click here: Overview of the Legalization-Litigation Cases: LULAC, CSS, Newman
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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 continue to provide our readers with updates on what is still needed to bring fairness and equity to US immigration law.
As we can see in this month's mailing, INS is making it even more difficult for bona fide tourists and students to visit and study in this country. 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 visit and study in the US, or 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 the year.
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