LATEST IMMIGRATION NEWS
Last updated: Friday, January 7, 2000
Presentation © Copyright 1999 VIKRAM
BADRINATH, P.C. All rights reserved.
DECEMBER 1999
AILA Issue Paper on INS Reorganization
The SDNY granted a writ of error coram nobis to reduce a prison term from a year and a day to the 10 months served, specifically for the purpose of avoiding IIRAIRA's retroactive impact on what is now considered an aggravated felony.
The INS has retracted information it previously released regarding the top 20 companies that supposedly filed the most H-1B petitions in fiscal year 1998, noting that the 'information is not accurate.'
The court refused to follow Soriano, holding that AEDPA §440(d) does not apply to deportation cases pending when AEDPA was passed, and that AEDPA and IIRAIRA do not repeal habeas relief under 28 USC §2241.
The INS has issued a statement indicating implementation of a policy to ensure that all 4 service centers are processing H-1Bs at the same pace. It indicates that corrective actions, including increasing or decreasing processing at a particular center, may be taken if one processes ahead of or behind the others.
The INS has issued a statement regarding implementation of an audit with respect to its purported 'overage' of H-1B issuances in fiscal 1999. The statement indicates that INS will not release data on the H-1B program until INS is certain of its accuracy, but gives no estimate as to when that certainty might occur.
INS Press Release explaining the automatic extension of EAD's for Haitians granted work authorization under Deferred Enforced Departure.
INS Fact Sheet explaining, through questions and answers, the automatic extension of EAD's for Haitians granted work authorization under Deferred Enforced Departure.
INS alert to employers concerning the automatic extension until September 30, 2000 of DED related employment authorization.
INS alert to Haitian nationals concerning the automatic extension until September 30, 2000 of DED related employment authorization.
Ninth Circuit reverses dismissal of habeas petition and remands case to district court. Case Name: Magana-Pizano v. INS; Case Number: 97-15678; Date Filed: 12/27/99
DOS advises of Consular activities in expectation of possible problems from the Y2K computer bug.
The INS General Counsel has issued a memorandum providing guidance on administrative closure of proceedings for non-permanent residents eligible for repapering.
The INS General Counsel has provided a list of 21 issues that have been resolved through AILA liaison. Among other things, various unlawful presence and 245(i) questions are addressed.
Average district or suboffice processing times for various applications, based on information obtained from INS and/or observations of AILA chapter monitors. Current through Nov. 20, 1999. Not approved by INS for publication.
Proposal for $95 fee that schools and exchange visitor programs must collect and remit on behalf of F & M nonimmigrants in higher education, and J nonimmigrants in programs not sponsored by U.S. government. Comments due by 2/22/00. (64 FR 71323, 12/21/99)
REVISED: 'H-1B Program: America's Home Court Advantage in Global Competition.' Freely distributable.
Employment authorization extended until 9/30/00 for Haitian nationals who obtained DED-based EADs. Limited to (1) I-766 EADs with “A-11” listed as Category; or (2) I-688B EADs with '274A.12(A)(11)' indicated as Provision of Law. (64 FR 71151, 12/20/99)
INS Service Center Operations has issued an Operational Guidance Memorandum delineating the 'proper' manner of completing Form I-129 for various scenarios. This Guidance differs in major ways from common practice by many AILA attorneys.
Information regarding processing times and Packet III documentation needs and processes has been provided to AILA's Department of State Liaison Committee by the NVC.
U.S. district court rejects government's assertion that its failure to process fingerprints prior to fiscal year deadline should preclude adjustment of status for DV98 lottery winners. (Courtesy of Susan Fortino-Brown)
The Ninth Circuit Court of Appeals has agreed to rehear the CSS 'late amnesty' case en banc.
In the absence of regulations, INS HQ has sent a memo to the field instructing that no additional documentation or notations should be demanded of B-1 or visa waiver travelers entering to engage in academic activities involving honoraria.
Final Rule, effective January 14, raises fees for I-360 ($80 to $110) and N-336 ($110 to $170), but lowers fees for N-300 ($75 to $50) and N-470 ($115 to $80). (64 FR 69883, 12/15/99)
The Seattle District has delegated authority to adjudicate applications for parole in behalf of aliens presently in Canada to Supervisory Immigration Inspectors. (District Director memorandum and Assistant District Director letter courtesy of AILA Washington State Chapter).
As of 12/20/99, Macau will become chargeable to the PRC for IV purposes and will cease to be eligible for the DV program (including DV-99), as a result of the reversion of Macau to Chinese authority. Minimal impact on NIV processing is expected.
A signed and notarized I-864 Affidavit of Support is now required as part of the Packet III submission in family-based cases, to make the applicant documentarily qualified for Packet IV issuance. The form need not be otherwise fully completed.
INS memo providing guidance for waiver of fingerprinting for naturalization applicants with disabilities who are unable to provide fingerprints.
Chart of high school educational leaving certificates ('equivalent' of U.S. diplomas) for countries eligible for this year’s Diversity Lottery program (DV01). Other qualifications may also meet this requirement. (Courtesy of World Education Services, Inc.)
A State Dept. cable instructs posts to refuse IV applicants until they provide photos usable for I-551 cards, and emphasizes the need for a 'c/o' line on addresses in the U.S. where the applicant will not be the principal resident.
INS proposed rule would transfer asylum-office jurisdiction over Hawaii and Guam from the San Francisco asylum office to the Los Angeles asylum office. Comments due 2/7/00. (64 FR 68638, 12/8/99)
New Interim Rule, effective 12/8/99, extends from 25 to 75 miles the distance Mexican nationals may travel into the U.S. at selected Arizona POEs without obtaining additional immigration documentation. Comments requested, due 2/7/00. (64 FR 68616, 12/8/99)
INS press release touts new significant increase in institutional removals.
Three organizations have been deleted from the list of Foreign Terrorist Organizations (Khmer Rouge, DFLP and FPMR/D), and one has been added (Al-Qa'ida).
DOS Cable on participants in US Government-sponsored programs who are under the export control exclusion of 212(a)(3)(A)(i)(II) are subject only to the Eagle Mantis clearance (10-day wait) as opposed to the Donkey Mantis (advisory opinion) clearance procedure.
DOS cable on security clearance procedures for Cubans applying in Havana are revised, requiring different levels of clearance depending upon whether the applicant is a senior government or Communist party official, a lesser employee, or a private citizen of Cuba.
Revised AILA advocacy issue paper on 'naturalization system needs to serve eligible people.' freely distributable
Texas Immigrant & Refugee Coalition solicits help in urging repeal of requirement that applicants for drivers licenses or identification cards submit SSN and proof of legal status; “Action Alert,” model letter, and model postcard drafted.
The U.S. consulate at Ciudad Juarez, Mexico, has provided updated information on procedures for Immigrant and Nonimmigrant Visa processing
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