LATEST IMMIGRATION NEWS
Last updated: Tuesday, July 31, 2001
Presentation © Copyright 1998-2001. VIKRAM BADRINATH, P.C. All rights reserved.
JULY 2001
INS reminds eligible Hondurans and Nicaraguans to re-register for Temporary Protected Status (TPS) to maintain TPS and employment authorization for the 12-month period beginning on 7/5/01 and ending on 7/5/02. Application deadline is 8/6/01.
EOIR published an interim rule to establish procedures for the filing and adjudication of motions to reopen deportation or removal proceedings of certain aliens who are newly eligible for special relief under NACARA as a result of VTVPA and LIFE Act Amendments.
DOS announces to all diplomatic and consular posts that Consular Affairs plans to expand the AOS and Packet 4 review program to include AF immigrant visa posts beginning Oct. 1, 2001.
This rule establishes overall implementation procedures for the Trafficking Victims Protection Act (TVPA) of 2000 and assigns responsibilities for DOJ and DOS officials to identify and protect the victims. (66 FR 38513, 7/24/01)
INS issues a press release indicating that the address in Chicago that it had previously circulated for LIFE Act filings contained an incorrect zip code. The corrected address is provided.
In a July memo to the INS Acting Commissioner, the Attorney General addresses post-order custody review after Zadvydas v. Davis.
Statement from the Attorney General reflects hostility to Supreme Court's decision in Zadvydys.
DOS provides all diplomatic and consular posts with an updated summary of nationalities and/or circumstances in which additional clearance procedures, beyond the standard CLASS namecheck, are required in connection with visa issuances.
Interim regulation for motions to reopen under LIFE by persons with reinstated final orders, or new final orders based on illegal reentry after removal or voluntary departure, to apply for suspension or special rule cancellation under NACARA section 203. (66 FR 37119, 7/17/01).
State Dept. cautions posts to be judicious in returning IV and NIV petitions to INS for revocation. It notes that such returns should occur only when fraud or ineligibility 'can be clearly established'.
State Dept. advises posts that all humanitarian parole requests and recommendations should now be sent to INS Headquarters, because jurisdiction has been transferred from INS overseas offices to HQ.
Training materials for Asylum Officers regarding the one-year filing deadline for asylum applications.
State Dept. reminds posts that 'cohabiting partners' can be eligible for B-2 visas to accompany longer-term nonimmigrants in the U.S. Such B-2s remain subject to 214(b), even if the partner they are accompanying are not subject to that section.
A list of all occupations certified by DOL from June 1, 1999, to May 21, 2000. The occupations are listed by the DOT code include the total number certified during that 12-month period.
A list of all occupations certified by DOL from June 1, 1999, to May 21, 2000. The occupations are listed by both the DOT code and by job title, and include the total number certified during that 12-month period.
INS General Counsel advises INS attorneys of changes in standards for when INS may concur in a motion to reopen for consideration of an adjustment of status application.
INS memo from October 1998 advising the field on processes related to the filing of asylee adjustment applications at the Nebraska Service Center.
U.S. INS issues a news release automatically extending the EADs of certain Honduran and Nicaraguan TPS registrants seeking extensions.
Decisions and desenting decisions in the case of INS v. St. Cyr. The Supreme Court, in its St. Cyr and Calcano decisions, upholds the right of individuals to seek habeas review of final removal orders, even if the cases involve criminal convictions.
In Zadvydas v. Davis, 99-7791 and Ashcroft v. Ma, 00-38, the Supreme Court holds that the INS cannot indefinitely detain individuals who have been ordered deported but cannot be removed in the foreseeable future.
Decisions and disenting decisions in Cacano-Martinez v. INS
INS HQ instructs the field to place a Canadian TN applicant into expedited removal if the applicant does not wish to withdraw the application for admission.
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