LATEST IMMIGRATION NEWS
Presentation © Copyright 1999 VIKRAM BADRINATH, P.C. All rights reserved.
APRIL 1999
Petitioner, asks us to grant his petition for review of a decision by the BIA denying his request for political asylum and withholding of deportation under sections 208(a) and 243(h) of the INA.
Reverses Matter of T-M-B-, Int. Dec. 3307 (BIA 1997).
The interim rule amends the regulations of the INS to grant, on a temporary basis, authorization to the Commission on Graduates of Foreign Nursing Schools (CGFNS) to issue certificates to foreign health care workers in the occupations of occupational therapy and physical therapy. Effective June 29, 1999.
This memo sets forth INS policy concerning the effect of an alien's having arrived in the U.S. at a place other than a designated port of entry on the alien's eligibility for adjustment of status under the Cuban Adjustment Act of 1966 (CAA). This issue arises because many CAA applicants arrived in the U.S. in an irregular manner.
March 12, 1999 DOS Cable on genetic testing results and their meaning in visa processing. This cable supplements previous guidance on genetic testing, providing additional information on when genetic testing is appropriate, what percentage of parentage probability is desirable, and what information labs need in order to provide useful results.
NS April 26, 1999, Press Release on Clarification of Eligibility for Permanent Residence Under the Cuban Adjustment Act.
April 16, 1999 DOS Cable regarding immigrant visa processing in Dakar for Sierra Leone immediate relative visa cases.
The Office of Refugee Resettlement (ORR) announces that competing applications will be accepted from public and private non-profit organizations under a standing announcement for Wilson/Fish projects which propose alternative approaches to serving refugees. The purpose of an alternative project is to provide integrated services and cash assistance to refugees.
This rule finalizes the proposed rule published 2/5/99 and implements sections of the Immigration and Nationality Technical Corrections Act of 1994 (INTCA). The INTCA added new grounds for denying, revoking or canceling a passport, and for canceling a Consular Report of Birth.
April 14, 1999 Office of the Chief Immigration Judge (EOIR) memo on procedures on handling applications for suspension/cancellation once numbers are no longer available for FY99.
April 1, 1999 INS letter regarding Section 222(g) of the INA and specifically the effect of that section on holders of either Forms I-586 or I-186, Nonresident Allen Border Crossing Card (BCC), or Form DSP-150, B1/B2 Visa and Border Crossing Card (Laser Visa).
4/14/99 - INS has just issued long-awaited, preliminary policy guidance on 245(i) grandfathering. The guidance only deals with family-based petitions filed before January 15, 1998 and what standard they must meet in order to 'grandfather' the alien for purposes of adjusting under another petition.
Remanded for a determination whether the INS can rebut the presumption by demonstrating that changed country conditions in Guatemala, as they apply to Hernandez-Patzon's individual circumstances, rebut the presumption that his fear of future persecution is well-founded.
In an effort to promote fairness and consistency in the adjudication of naturalization cases of applicants with disabilities, the INS last week provided its field offices with comprehensive policy guidance for the review of Forms N-648, Medical Certification for Disability Exceptions.
Revised - This memorandum provides comprehensive policy guidance for the review of all Forms N-648, Medical Certification for Disability Exceptions, and supercedes the memoranda in this memo. PDF file contains all attachments.
To enhance the programmatic utility of the Short-Term Scholar category of exchange participation, the USIA is amending existing regulations to permit short-term scholar participants to lecture and consult at institutions not listed on their Form IAP-66. Effective April 13, 1999.
These amendments will provide greater specificity regarding the selection and orientation of both host family and au pair(s). Further proposed program enhancements would require disclosure of prior experience for au pair participants providing child care for special needs children. An amendment to provide for uniform program audits is also proposed. Comments accepted until May 13, 1999.
The USIA is adopting specific regulations governing participation in summer work travel programs conducted by Agency-designated sponsors pursuant to P. L. 105-277. These regulations are adopted to assist designated Summer Work Travel sponsors with their administration of program placements for the upcoming summer program season. Effective April 13, 1999.
Petitioner was sentenced to five years for violating Wis. Stat. § 948.02(2)( sex with a minor). An IJ held that he had been convicted of a crime of violence, and that he was deportable. BIA agreed. Deportation order vacated and case remanded for further proceedings.
INS April 7, 1999, memo that provides instructions for the acceptance of certain national interest waivers filed pursuant to § 203(b)(2)(B) of the INA and approved prior to publication of Matter of New York State Department of Transportation, Int. Dec. 3363.
Report Card on INS Adjudications - Processing Times in Days.
Memorandum to the Secretary of State from the President stating that up to $25,000,000 be made available from the U.S. Emergency Refugee and Migration Assistance Fund to meet the urgent and unexpected needs of refugees and migrants.
This rule proposes to implement section 103(a)(8) of the INA, which permits the Attorney General to authorize any State or local law enforcement officer, with the consent of those whose jurisdiction the individual is serving, to perform certain functions related to the enforcement of the immigration laws during a period of mass influx of aliens.
In April 1999, the INS will begin testing the Citizen Attestation Employment Eligibility Pilot Program, as required by IIRAIRA. Originally open to all states, this notice is to advise employees that the program will be offered only to all employers in the states of Arizona, Maryland, Massachusetts, Michigan, and Virginia.
The CSC Liaison Committee is pursing ways to possibly facilitate adjudication of Chinese (and possibly other national) L-1s which are subject to thorough scrutiny, resulting in long delays in adjudication. The purpose of this project is to evaluate ways to improve the quality and speed of adjudication.
List of Temporary Protected Status (TPS) designations as noted by the U.S. INS. Revised 3/11/99.
Once deportation proceedings have begun an alien's detention is constitutional. If this was so even when the Attorney General had open-ended authority to grant discretionary relief from deportation - and thus to render the imprisonment gratuitous--then there can be no doubt about the constitutionality of sec.1226(c) now that these powers to forego removal have been curtailed.
Correction to the January 5, 1999, Nicaraguan Temporary Protected Status (TPS) designation. The purpose of this notice is to inform potential applicants of the correct date and prevent individuals from missing the filing deadline.
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