LATEST IMMIGRATION NEWS
Last updated: Monday, July 31, 2000
Presentation © Copyright 1999, 2000. VIKRAM BADRINATH, P.C. All rights reserved.
JULY 2000
INS provides information as to when, and by whom, its FD-258 Fingerpring Tracking System, can be accessed. Comments are due 8/30/00. (65 FR 46741, 7/31/00).
DOS announces procedures and addresses for entering the DV 2002 visa lottery. Entries must be sent to the Kentucky Consular Center between October 2 and November 1, 2000. (65 FR 46757, 7/31/00)
The Memoranda of Understanding signed by transportation carriers to mitigate fines under INA section 273 are extended to 9/30/01. They were set to expire on 9/30/00. (65 FR 46742, 7/31/00).
INS proposes changes in when, and to whom, information contained in the Deportable Alien Control System (DACS) can be disclosed. (65 FR 46738, 7/31/00).
AILF has been preparing to file a lawsuit against the Immigration and Naturalization Service for its failure to timely adjudicate I-140 immigrant visa petitions and I-485 applications for adjustment of status, but we still lack individual plaintiffs.
A statement and Q&A from INS addresses the fact that INS reached the fy 2000 H-1B cap as of filings up to March 17, 2000.
Dept. of Labor proposed regulation would allow employers to request that certain previously-filed labor certification applications be processed as reductions in recruitment. Comments due 8/25/00. (65 FR 46081, 7/26/00).
The Texas Service Center has provided a form (to be used only at the TSC) to advise the Center when an I-130 petitioner has naturalized, thus changing the beneficiary's preference category to one for which visas are currently available.
Advocacy Update includes updates on H-1B legislation, Fix '96 bill, DOJ abandons Soriano position, Senate CSJ Appropriations, border enforcement concerns, presidential race, bill round-up, and more.
A newsletter from the Vermont Service Center to Congressional liaisons includes a primer on the NVC, as well as information about N-400 fingerprinting, address changes, and how the VSC is handling religious worker petitions in light of the upcoming sunset.
INS offices are instructed regarding processing plans for naturalization and adjustment of status, and are advised that measurements of the achievement of processing goals will be changed from average processing time to actual processing time. Courtesy of Dan Kowalski.
Immigration Lawyers: New Soriano Proposal a Good Down Payment; Call on INS, Justice To Go Further. (Revised 7/19/2000)
INS advises field offices of procedures regarding parentage testing to establish family relationships. It notes that there is no authority for requiring DNA tests, but that officers 'may have no alternative to suggesting DNA testing.'
Sample letters for House and Senate. Urge your Senators and Representative to support H-1B legislation, restore Section 245(i), update the Registry date, pass NACARA parity, and reform IIRAIRA this Congressional Session.
INS's NAFTA Handbook, provided as reference material to assist inspectors in processing applicants for admission, is now available on INS's Web site. Hard copies are available from AILA Publications.
INS proposes to apply AEDPA section 440(d)'s elimination of 212(c) relief for certain individuals only to those whose proceedings were commenced after AEDPA's enactment on 4/24/96. Comments due 8/17/00. (65 FR 44476, 7/17/00).
DOL proposes a 3-tier fee for H-2A certifications, based on the number of workers sought and ranging from $150 to $1,000 per certification. The standard I-129 filing fee also would apply. Fees would be refunded if the petition is denied. (65 FR 43545, 7/13/00).
A State Dept. cable that apparently was issued in 9/99 advises posts that they may use discretion in determining whether K-1 petitions should be returned to INS when there are discrepancies in information
Included in INS regulation amendments to conform to the Hernandez v. Reno settlement is provision for requesting EAD on the Form I-817 and clarification that beneficiaries remain eligible if the principal naturalizes. Also, certain juvenile delinquency acts render a beneficiary inelible. (65 FR 43677, 7/14/00).
Inquiries on delayed J-1 waiver adjudications should be made through AILA's DOS liaison, rather than to the Department directly. Details on procedures and the definition of 'delayed' are provided.
Effective 11/13/00, H-2A petitions are to be filed with the Labor Dept. on a combined petition/certification form. DOL will forward to INS for adjudication requests for extensions of H-2A status or for change of status to H-2A. (65 FR 43527, 7/13/00).
INS proposes that a new form be used for filing H-2A requests with DOL, and includes a requirement that beneficiaries sign petitions requesting extension or change of status to H-2A. Comments due 8/14/00. (65 FR 43535, 7/13/00).
Under a DOL regulation effective 11/13/00, DOL will have the authority to adjudicate and revoke H-2A petitions, which are to be filed on a single form that consolidates the I-129 and ETA 750 for these purposes. (65 FR 43538, 7/13/00).
Advocacy Issue Paper on 'Essential Workers Keep The Economy Growing'. Freely distributable.
A U.S. INS memo states that prosecutorial discretion applies to enforcement, not benefit, decisions, and that a decision not to bring removal 'perpetuates a continuing violation of the immigration laws.' The memo, believed to have been written in 1999.
EOIR News Release and Fact Sheet concerning the Professional Conduct Rules and Procedures for Immigration Practitioners final rule issued on June 27, 2000. The rule does not apply to government attorneys.
BALCA Case Summaries by Joel Stewart will be included in July/August 2000 Immigration Law Today.
Discussions with INS ISD included I-140 processing when nearing the cap on status, filing I-140s in multiple categories, the new H supplement and other H-1B processing issues, completing the I-129W, religious worker petitions, and needless RFEs.
In accordance with the Chintakuntla v. INS court order, INS announces that untimely motions to reconsider can be filed by 11/1/00 for EB-2 equivalency cases with administratively final denials issued between 7/1/97 and 3/20/00. (65 FR 41093, 7/3/00)
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