LATEST IMMIGRATION NEWS
Last updated: Friday, August 31, 2001
Presentation © Copyright 1998-2001. VIKRAM BADRINATH, P.C. All rights reserved.
AUGUST 2001
State Dept. announces that the Form OF-156 has been replaced by the new DS-156. Posts may continue to use up old stock of the OF-156. AILA is trying to obtain a useable copy of the DS-156, and it will be posted to InfoNet once it is obtained.
A compilation of information and pointers, gathered from various liaison discussions with INS, on using the premium processing program.
Designation of Sudan for TPS is extended until November 2, 2002. The re-registration period expires on November 29, 2001. (66 FR 46031, 8/31/01)
Designation of Burundi for TPS is extended until November 2, 2002. The re-registration period expires on November 29, 2001. (66 FR 46027, 8/31/01)
Designation of Sierra Leone for TPS is extended until November 2, 2002. The re-registration period expires on November 29, 2001. (66 FR 46029, 8/31/01)
INS issues regulations starting the 1-year application period under LIFE for adjustment of status of persons subject to any one of three 'late legalization' lawsuits related to IRCA legalization, and implementing LIFE family unity provisions. (66 FR 29661, 6/1/01)
INS corrects the address to be used for filing applications under LIFE Legalization and LIFE Family Unity. (66 FR 45694, 8/29/01)
INS announces the address to which requests for release from detention under Zadvydas should be directed. (66 FR 44646, 8/24/01)
U.S. INS undertakes the paperwork clearance process to start a Practitioner Fraud Pilot Program.
U.S. INS HQ instructs the field on processing renewals of work authorizations under CSS v. Reno. This is a separate process from the LIFE Legalization application process.
U.S. INS General Counsel's office replies to a question regarding whether the filing of a Form G-28 constitutes the practice of law.
U.S. INS discusses coverage of histories of substance, sexual or child abuse or domestic violence in home studies for adoptions, as well as coverage of individual arrests.
A resource for referring asylum candidates when you can't undertake the representation.
U.S. INS HQ authorizes the VAWA unit at VSC to extend deferred action for battered spouses and children with approved self-petitions, and suspends the maximum validity times outlined in an earlier memo.
INS states its position that an individual who travels outside the U.S. after a change of status request has been filed but before the request is adjudicated is considered to have abandoned the request and informs the field that such requests should be denied.
INS announces that the new Form N-400 is in effect, but that INS will also accept the old form until December 31, 2001.
INS press release announces publication of regulations implementing the K-3/K-4 visa petitioning provisions of LIFE.
INS press release on filing of requests for reconsideration under Gete of an administrative forfeiture of a vehiclein the Western region. The deadline for notifying INS of intent to seek reconsideration is October 13, 2001.
Lobbyists oppose recent versions of a 245(i) extension that include new retroactive provisions requiring the “familial or employment relationship” to have existed prior to April 30, 2001 (in the House bill) or date of enactment (in the Senate bill).
Effective 8/27/01, INS extends Temporary Protective Status (TPS) for nationals of Montserrat until 8/27/02. Eligible individuals, who are currently registered, must re-register during the 90-day period from 8/3/01 to 11/1/01.
INS issues its interim regulation on the new K-3/K-4 nonimmigrant categories. Form I-129F will be used to petition for these categories, and should be sent to the P.O. Box in Chicago for processing by the Missouri Service Center.
State Dept. advises posts of the Zadvydas decision and of efforts to assist DOJ in returning detainees to the country of removal.
INS announces proposed fee adjustment and seeks public comments by 10/9/01. Current fees and proposed fees are listed. The new fees are expected to go into effect in January 2002. (66 FR 41456, 8/8/01)
U.S. INS proposes to increase application and petition fees for immigrants. There is a sixty (60) day comment period. A chart of fee increases is attached.
U.S. INS News Release and Q&A on the proposed fee increase on certain applications and petitions. The new fees are expected to go into effect in January 2002.
DOS alerts posts to the Supreme Court decision of Zadvyas v. Davis, which held that U.S. INS may detain criminal aliens with finals orders of removal only for a period reasonably necessary to bring about their removal from the United States.
Summary of the Department of Labor (DOL) RIR Conversion Regulations, allowing pending traditional labor certifications to be converted to RIR cases without loss of the priority date.
INS reports that, as of 7/25/01, approximately 138,000 H-1B workers have been approved against the 195,000 limit for FY 2001, which ends 9/30/01. INS still has an estimated 39,000 pending petitions that may be counted against the H-1B cap.
Effective 9/4/01, DOL's final rule permits employers to request, in certain cases, that labor certification applications for permanent employment in the U.S. that are filed on or before 8/3/01, be processed as a reduction in recruitment request. (66 FR 40584, 8/3/01)
The Employment and Training Administration (ETA) announced 2001 adverse effect wage rates (AEWRs), allowable charges for meals, and maximum travel subsistence reimbursement for 2001. (66 FR 40298, 8/2/01)
The extension of the Temporary Protected Status (TPS) designation for Montserrat is effective 8/27/01, and remains in effect for 12 months until 8/27/02. The 90 day re-registration period begins 8/3/01 and remains until 11/1/01. (66 FR 40833, 8/3/01)
Interim rule, with request for comments before Aug. 30th, makes certain amendments to the regulations implementing the Diversity Immigrant (DV) Program. (66 FR 39435, 7/31/01)
DOS announces that the mail-in period for the next Diversity Visa lottery (DV-2003) will be held between noon on 10/1/01 and noon on 10/31/01. Eligibility and registration requirements are enumerated.
H-1B cases, filed before 7/30/01, can be included in premium processing by sending the following items to to the appropriate Service Center: 1.) $1000 premium processing fee; 2.) G-28; 3.) Form I-907; 4.) copy of filing receipt; 5.) copy of airbill receipt.
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