LATEST IMMIGRATION NEWS
Last updated: Wednesday, January 31, 2001
Presentation © Copyright 1998-2001. VIKRAM BADRINATH, P.C. All rights reserved.
JANUARY 2001
The State Dept. Visa Office offers its current thinking on processing of the new V and K visas.
The State Dept. updates the reciprocity tables for C and D visas for Austrian nationals.
A State Dept cable advises that, although Macau changed from control by Portugal to control by China, visa numbers for Macau nationals will again be charged to Portugal.
The State Dept. provides a new reciprocity schedule for Trinidad and Tobago.
The State Dept. revises the reciprocity schedule for C and D visas for Spain, Switzerland and Denmark.
January 30, 2001. Attorney General Designate John Ashcroft's written response to questions about immigration posed by members of the Senate Judiciary Committee.
INS instructs field offices on procedures and standards for accepting and processing petitions and applications under Section 245(i), as recently extended. Evidence for proving physical presence on 12/21/00 also is discussed. See 1.1 mb PDF file for Memorandum.
INS institutes new procedures for the expedited removal credible fear porcess.
INS proposes to add Actuaries and Plant Pathologists to the list of TN-eligible occupations under NAFTA. Comments are due 2/20/01. (65 FR 79320, 12/19/00).
This Legistlative Update includes the latest news from Congress and issues in the media.
Summary of meeting at which INS described anticipated plans for a program to provide expedited processing of certain employment-based petitions in exchange for a $1,000 additional fee.
The INS seeks input on formation of a Data Management Improvement Task Force for implementation of an integrated entry and exit data system. (66 FR 3616, 1/16/01)
In accordance with a directive from the Administration, INS delays by 60 days its regulation to delegate authority to grant parole from Service custody to various INS designees. (66 FR 7863, 1/26/01)
Under a directive from the new Administration, INS delays until 3/30/01 the effectiveness of its regulation requiring TPS applicants who want EADs to pay the I-765 fee, and authorizing 18-month EADs for TPS recipients. (66 FR 7863, 1/26/01)
A memo to U.S. department heads instructs agencies to send no regulations to the Federal Register until they are reviewed by the new Administration, and postpones the effective date of regulations that have not yet taken effect, pending Administration review.
The U.S. Court of Appeals ruled that INA 241(a)(5), reinstatement of “removal” orders, not valid when reentry was before IIRIRA’s effective date, 4/1/97. Also, “[W]e seriously doubt that the government’s new reinstatement procedure comports with the Due Process Clause...” Castro-Cortez v. INS (9th Cir. 1/23/01)
A final EOIR rule, overturning Matter of Soriano, permits certain persons in deportation proceedings begun before 4/24/96 to apply for 212(c) relief. (66 FR 6436. 1/22/01)
The Attorney General, on her last day in office, vacated Matter of R-A- and remanded it to the BIA to stay reconsideration until after the 12/7/00 regulations are finalized, at which time the decision is to be reconsidered in light of that rule. (See PDF file for the order.)
State Dept. notifies posts of the potential V visa workload at each consular post.
State Dept. advises posts of changes in the UK reciprocity schedule for C and D visas.
State Dept. advises posts of changes in the reciprocity schedule for Germany for C and D visas.
State Dept. advises posts of changes in the reciprocity schedule for Russia for A and G visas, as well as changes in the tiered fee schedule for Russian nationals.
State Dept. issues a new form for beneficiaries to designate an agent in the U.S. to receive consular processing correspondence, packets, etc. (see PDF file).
State Dept. advises posts of a new 'Choice of Address and Agent' form to be sent to beneficiaries when the I-864 is sent.
INS announces in a news release that it is temporarily suspending removal of Salvadoran nationals in the U.S. in light of the recent earthquake, and that the U.S. government is considering the Salvadoran government's request that TPS be provided.
AILA's Comments proposing clarified language to correct errors in Matter of R-A-, new language consistent with the definition of 'refugee,' and eliminating changes to the presumption of future persection. These comments may be used as a model by Individuals wishing to submit their own comments.
Supreme Court to hear two cases on the right to judicial review of removal orders and whether AEDPA and IIRAIRA eliminated eligibility for 212(c) relief retroactively.
INS regulation to implement §343 of IIRIRA for certain non-physician healthcare workers. The regulation is the result of a settlement agreement in litigation filed by AILF. (66 FR 3440, 1/16/01)
INS advises the public of the provisions of section 245(i), noting that that section is not an 'amnesty' program, and indicates that it will not adjudicate V or K-2 visas until it has put procedures in place for their processing.
The DOS Advisory Opinion unit advises an AILA member that the residence of an H-1B visa applicant in Iran is not in itself a basis for denying a visa under the Iran sanctions; the alien must be coming to perform services on behalf of an Iranian entity.
LIFE creates a V visa that allows certain spouses and children of permanent residents to live and work here while their immigration cases are pending. LIFE also extends K visa benefits to the spouse and unmarried minor children of US citizens.
AILF will receive a matching grant from NAPIL to hire a recent law school graduate for a two-year fellowship. The Fellow will work at AILF on issues concerning the right to counsel in removal proceedings. Please see notice for details and application instructions.
The DOL Liaison Committee for the American Immigration Lawyers Association surveyed members in each DOL region, and prepared a compilation of information regarding USDOL practices and timing in each region.
The U.S. INS, in conjunction with DOS, proposes to eliminate the list of countries ineligible for transit without visa from the CFR, and instead publish the list by means of Federal Register notices. It also proposes criteria for determining which countries are ineligible. (66 FR 1053, 1/5/01).
The State Dept., in conjunction with INS, proposes to eliminate the list of countries ineligible for transit without visa from the CFR, and instead publish the list by means of Federal Register notices. It also proposes criteria for determining which countries are ineligible. (66 FR 1064, 1/5/01).
The U.S. INS, in conjunction with DOS, adds to, and deletes from, the list of countries whose nationals are ineligible for transit without visa. (66 FR 1017, 1/5/01).
The State Dept., in conjunction with INS, adds to, and deletes from, the list of countries whose nationals are ineligible for transit without visa. (66 FR 1033, 1/5/01).
Final summary of major provisions included in end-of-session immigration deal (Legal Immigration and Family Equity Act -- LIFE).
Notice of proposed settlement and hearing on proposed settlemnt of class action concerning forfeiture of conveyances in Gete v. INS. (Settlement has been approved.)
The U.S. INS agrees to settle Gete v. INS, a class action lawsuit challenging vehicle seizure practice.
The INS updates its information sheet and Q&A on filing applications for replacement green cards at Application Support Centers.
The INS publishes a brief summary of the LIFE legislation.
1991 Legal Opinion stating misrepresentations on Form I-9 do not render alien excludable under section 212(a)(19).
Burma (Union of Myanmar) is being removed from the list of countries authorized to participate in the Guam Visa Waiver Program, which allows visits for pleasure or business to Guam for up to 15 days without a visa. (66 FR 235, 1/3/01).
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