LATEST IMMIGRATION NEWS
Last updated: Monday, April 30, 2001
Presentation © Copyright 1998-2001. VIKRAM BADRINATH, P.C. All rights reserved.
APRIL 2001
The Attorney General announces the nomination of James Ziglar, currently Senate Sergeant at Arms, to be INS Commissioner.
U.S. INS memo discusses meaning of 'postmarked' for 245(i) filing purposes, acceptance of out-of-jurisdiction filings, and fee receipting.
AILF has prepared a practice advisory on video removal hearings and a sample motion objecting to video merits hearing and requesting in-person hearing.
DOL publishes a list of centralized H-2A processing locations in each state. (66 FR 19984, 4/18/01)
State Dept. issues interim final regulations, effective 4/1/01 with comments due 6/1/01, to implement the new V and K visas. (66 FR 19390, 4/16/01).
U.S. INS HQ advises the field on procedures for receipt and handling of petitions and applications under section 245(i). Memo obtained courtesy of Dan Kowalski.
U.S. INS indicates that it intends to accept Form I-539, accompanied by additional required documentation, as an application to change to V status. Comment is sought on the instructions describing the additional documentation. (66 FR 17576, 4/2/01).
U.S. INS advises persons in the U.S. wishing to apply for V status to wait until regulations are issued before doing so. It also reminds persons subject to the 212(a)(9) bars that departure and reentry won't harm V eligibility, but could harm ability to adjust status.
Authority is delegated to ESA regarding H-2A employer compliance, H-1C investigations and penalties, and enforcement of attestations for longshore workers, certain foreign student off-campus work rules, and LCAs. (66 FR 17761, 4/3/01)
DOL issues General Administration Letter (GAL) clarifying procedural guidance for the notification process between employers and the State Employment Security Agency, regarding worker rejection and termination from H-2A temporary, alien agricultural employment. (66 FR 18123, 4/5/01)
U.S. INS announces, effective 3/29/01 to 3/29/02, an extension of Angola's TPS designation and redesignation to include nationals of Angola (and aliens without nationality who last resided in Angola), who have been continuously physically present in the U.S. since 4/5/01. (66 FR 18111, 4/5/01)
Selected BALCA Case Summaries.
DOS announces final rule, effective March 30, 2001, to reduce to $0 the current $100 consular fee for adjudicating citizenship for applicants born abroad who have no previously issued documentary proof of U.S. citizenship. (66 FR 17360, 3/30/01)
U.S. INS announces interim rule, effective April 2001, adding Colombia to the list of countries whose citizens or nationals are ineligible for Transit Without Visa due to a perceived increase in abuse of TWOV privileges. Comments are due 5/29/01. (66 FR 17321, 3/30/01)
DOS announced a final rule, effective April 2, 2001, which authorizes consular officers to collect reduced fees for Mexican citizens under the age of 15 who are applying in Mexico for a machine-readable combined border crossing card and nonimmigrant visa. (66 FR 17510, 4/2/01)
Includes information about Lobbyists efforts to introduce bills on a 245(i) Extension, Protection of Unaccompanied Minors, Changing the Registry Date, Banning Secret Evidence, Rules of Procedure on Private Bills, Recently Introduced Legislation.
All H-1Bs received at INS after April 13, 2001 will be rejected if they do not contain the new version of Form I-129W. INS indicates that it is planning to eventually combine the I-129W information into the Form I-129. (66 FR 17442, 3/30/01).
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