June 2002 Newsletter
**U.S.
IMMIGRATION NEWS**
June 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”. Just as in the past few months, most of the news lately has to do with INS enforcement rather than any meaningful attempts to improve the processing of immigration applications. It is evident that immigration has become a political issue and that anti-immigrant groups are continuing to seize on the after-effects of September 11 to punish legitimate immigrants and non-immigrants seeking entry to the US. One good piece of information on the Congressional front is a proposed extension of Section 245(i) by Senate Majority leader Tom Daschle (see below). We strongly urge all of our viewers to contact their congresspersons and stress the need for a realistic extension of section 245(i), and further relief for spouses of lawful permanent resident aliens, as well as some immediate action to accelerate the processing of pending immigration applications.
It is vital that we 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.
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- 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.
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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, 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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LIFE Legalization Filing Deadline Extended
The Immigration and Naturalization Service has announced that it has sent to the Federal Register a final rule implementing the adjustment of status application procedures under the LIFE Act's "late legalization" provisions.
The rule is expected to be published on June 4, and will extend for one year the LIFE legalization filing deadline.
As soon as the final rule is published, it will be posted to our web site.
Also, see the INS Press Release on Extension of LIFE Legalization Filing Deadline.
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Department of Labor Publishes PERM Rule
The Department of Labor has published its proposed
‘PERM’ rule that would amend the agency’s regulations governing the filing
and processing of labor certification applications for permanent employment in
the United States.
The rule would also amend the regulations governing an employer’s wage obligations under the H-1B program.
Click the following link for the complete proposed rule: Department of Labor Publishes PERM Rule
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Justice Department Publishes Proposed Surrender Rule
The US Department of Justice has published a supplementary proposed rule that
would amend the
regulations of the Immigration and Naturalization Service (Service) and the
Executive Office for
Immigration Review (EOIR) by requiring aliens subject to a final order of
removal to surrender
themselves to the Service.
This rule also establishes procedures for surrender and provides that aliens
violating those procedures
will be denied certain discretionary immigration benefits.
Written comments are due by June 10, 2002.
Justice Department Publishes Proposed Surrender Rule
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Section 245(i) Update
May
9, 2002
Senator Tom Daschle (D-SD), the Senate Majority leader, today introduced the
Uniting Families Act of 2002 that extends Section 245(i).
Under Senator Daschle’s proposal, the filing deadline would be extended
until April 30, 2003, and people still would have to prove physically presence
in the US on December 21, 2000.
Unlike the House bill, this extension does not include any date by which someone
would have had to have established a relationship or filed a labor certification
in order to qualify.
The bill does state that persons are ineligible for Section 245(i) based on
marriage fraud and security and related grounds.
As our readers are aware, the House passed a more restrictive extension of
Section 245(i) that includes a requirement that the family relationship, or a
labor certification application, must have been filed by August 15, 2001.
URGENT: Please
contact your Senators and ask them to co-sponsor and support this excellent
extension of Section 245(i). The
Congressional Switchboard number is (202) 224-3121, or you can go to http://www.senate.gov
for the phone numbers and/or e-mail addresses of all the Senators.
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Sample 245(i) Letter to Congress
Use this letter as a model to send to your Representative or Senator: (You may wish to mention in the letter that you support the proposal of Senate Majority Leader Tom Daschle)
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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INS Requires IBIS Checks for Naturalization Applicants
The Immigration and Naturalization Service has issued a memo to the field stating that IBIS security checks must be conducted for all naturalization applicants (as well as for beneficiaries of all other petitions and applications), and provides further guidance on the procedures to follow.
To view the entire memo, click
here. 
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JUSTICE DEPARTMENT PROPOSES RULE GOVERNING FOREIGN STUDENT REPORTING
Proposed Rule Would Implement The Student And Exchange Visitor Information System
Justice Department Proposes Rule Governing Foreign Student Reporting
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Bush Signs Border Security Bill--Pushes for Extension of Section 245(i)
President Bush has signed the Border Security Bill meant to screen out
terrorists by using high-tech passports and more border enforcers to check
millions of people who enter the United States each year.
The new law also will mean closer monitoring of foreign students in the
US.
"America is not a fortress and we never want to be a fortress,"
Bush said at a signing ceremony. "But on the other hand, we can do a better
job of making our borders more secure and make our borders smart."
The new law will require that passports issued after 2003 contain
fingerprints or facial recognition technology and be tamperproof. It
will also bar the use of certain visas by people from countries listed as
terrorism sponsors. The State Department's list currently includes Iraq, North
Korea, Iran, Sudan, Cuba, Libya and Syria.
The law also strengthens requirements that planes and passenger ships
traveling from other countries provide lists of passengers and crew members to a
US border officer before arriving, and reiterates the need for a database of
suspected terrorists that federal agencies can use to screen visa applicants. Such
a list already exists under the Federal Terrorism Tracking Task Force that Bush
created after September 11.
Additionally, the new law creates an elaborate tracking system of foreign
students. It will record the
admission of non-resident students by educational institutions, the issuance of
student visas, and the enrollment of non-Americans in schools. It
also will force schools to advise the INS if foreign students do not report for
class.
The Bill also authorizes 400 additional immigration investigators, inspectors
and other staff for the Immigration and Naturalization Service, subject to
Congress financing them.
In the signing ceremony, President Bush complained that the bill did not
include a provision he sought — a measure to grant amnesty to illegal
immigrants, so they could apply for residency without leaving the United States.
That provision was an important
component of Bush's outreach to Hispanic voters.
"I intend to work with Congress to see if we can't get that done here
pretty quick," Bush said.
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AILA's Comments to the Proposed B Visa Regulations
Click on the following link to read AILA's Comments criticizing the new proposed regulation limiting the period of admission for B nonimmigrant aliens: AILA's Comments to the Proposed B Visa Regulations.
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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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