LATEST IMMIGRATION NEWS
Presentation © Copyright 1999, 2000. VIKRAM BADRINATH, P.C. All rights reserved.
JUNE 2000
The Advocacy Update includes the latest news from Congress and issues in the media.
INS proposed rule for review process governing detention of persons ordered removed but whose removal has not been effected within 90 days. (65 FR 40540, 6/30/00)
Texas Service Center forwarded some 7,000 adjustment applications to the CSC for fee processing, but those cases have been returned to TSC for adjudication. Requests for expedites of EADs pending more than 75 days on these cases can be submitted through AILA liaison.
INS News Release regarding the terms of the Honduran TPS lawsuit settlement. It also includes a reminder of the July 5, 2000 deadline for re-registration for Honduran and Nicaraguan TPS.
Selected BALCA Case Summaries.
A woman with liberal Muslim beliefs had established by credible evidence that she had suffered past persecution and has a well-founded fear of future persecution at the hands of her father because of her father’s orthodox Muslim views concerning the proper role of women in Moroccan society.
INS clarifies a May 9, 2000 memo to indicate that priority dates can be transfered between preferences, but cannot be transfered between family based categories and employment based categories.
Topics covered in a liaison meeting between AILA and INS Enforcement included prosecutorial discretion, problems with district offices ignoring G-28s, ASC processing for expiring green cards, and NAFTA adjudication issues.
An EOIR final rule, which also addresses practice before the INS, provides for investigation of complaints and sanctions against attorneys, and makes the BIA the reviewing body for decisions relating to infractions before the EOIR. The rule does not extend to government attorneys. (65 FR 39513, 6/27/00).
Summary of meeting between INS, Vermont development agency & Sen. Leahy's office, and follow-up correspondence, regarding issues related to resort development & survival of project if an I-526 investor petition is denied. Discussion focuses on role of investor in creation of the enterprise.
INS issues revised Form I-129 H supplement. Dates for implementation of the new form have not been announced, but will be posted on InfoNet when known.
Texas Bar’s Immigration & Nationality Committee meeting minutes discuss many topics of interest, including procedures and estimated processing times for certain cases at TSC. Also includes update from DOL Region VI certifying officer. (
HHS has determined that asylees' period of eligibility for refugee assistance and services will begin to run on the date that they are granted asylum, rather than the date they entered the U.S., as has been the past rule.
Procedures for class members in the EB-2 Equivalency litigation and confirmation that certain class members can file AOS applications even if the I-140 is still pending, age-outs will be expedited, and I-824s aren't needed where the class member is outside the U.S.
INS transfers jurisdiction over Hawaii and Guam asylum cases to the Los Angeles asylum office from San Francisco, effective July 24, 2000. (65 FR 39071, 6/23/00).
The INS Data Management Improvement Act (PL 106-215), mandating that INS create centralized database to organize and coordinate entry and exit data CURRENTLY COLLECTED at ports of entry, signed into law June 15.
The DOJ Office of Special Counsel issues press releases regarding settlement of citizenship status discrimination and document abuse cases.
An INS memo allows 'transfer' of an adjustment application to a new petition, but states that priority dates cannot be transferred to different preference categories.
INS announces that applications to renew most expiring I-551 cards must be made at Application Support Centers, rather than at the INS District Offices.
With respect to an H-1B case certified by the NSC, the AAO rejects employer/worksite contract requirements, the concept of 'speculative employment' and inquiries into ability to pay the offered wage. It also finds software design engineer to be a specialty occupation.
INS memo discussing procedures for refugee travel packets, I-730 Refugee/Asylum Relative Petitions, Adjustment of Status and naturalization for refugees
Revised Advocacy Issue Paper on 'H-1Bs at a Glance.' Freely distributable.
IIRAIRA Issues - Advocacy Issue Paper on Mandatory Detention: Immigrants Detained and American Families Pay the Price.
Issue Paper on INS Reorganization
Part of 245i Restoration Advocacy Packet.
Part of 245i Restoration Advocacy Packet.
Part of 245i Restoration Advocacy Packet.
Schedule and summaries of three BIA cases to be argued Friday, June 16.
REVISED: 'H-1B Program: America's Home Court Advantage in Global Competition.' Freely Distributable.
Federal Register notice extending TPS re-registration for Hondurans from June 12, 2000 to July 5, 2000. 65 FR 36719 (6/9/00).
Federal Register notice extending TPS re-registration for Nicaraguans from June 12, 2000 to July 5, 2000. 65 FR 36721 (6/9/00).
The State Department has issued its annual compilation of guidances to posts regarding the security advisory opinion and name check requirements currently in effect for visa issuance.
The Department of State now maintains the fee portion of its reciprocity schedules on a public web site, providing access to what should be current and accurate visa processing fee amounts worldwide.
DOS warns that very heavy demand for diversity visa numbers, combined with a 5,000 decrease in overall numbers due to allocations to NACARA, might cause DV numbers to run out before the end of the fiscal year. Thus, applicants are urged to act now.
The Department of State announces that the period for submitting entries for the fiscal 2002 Diversity Visa lottery will be 10/2/00 to 11/1/00. New addresses in Williamsburg, KY will be used this year. Instructions will be issued by DOS in August.
This Update includes the latest news from Congress and issues in the media.
INS Press Release announcing the extension of the re-registration period until July 5, 2000 and an extension of EADs until December 5, 2000. This does not allow Nicaraguans or Hondurans who entered after December 30, 1998 to file for TPS.
INS memo discusses adjudication of investor visa removal of conditions applications. Courtesy of Dan Kowalski and Bonnie Stern Wasser. (PDF file, 940 kb)
American Business for Legal Immigration Letter to the entire House of Representatives signed by over 400 employers and associations supporting H.R. 3983.
EOIR reconstructed its Web site to include links to EOIR forms, a list of Immigration Courts, and job opportunities. The EOIR Web site will continue to be enhanced.
DOL memo discusses organization of ETA, including re-designation of regions into 6 Hub Regions, and naming of the Regional Administrators for each.
CONNECT! A monthly newsletter on business immigration. Freely Distributable! (Click on PDF document for formatted Newsletter.)
State Dept. advises posts of INS position that unlawful presence does not accrue during pendency of adjustment of status application, except in certain cases where the application was filed after a Notice to Appear was received.
State Dept. advises posts of INS policy that unlawful presence does not accrue during pendency of change of status or extension of status application, provided certain conditions are met.
Department of Labor memo discusses its plan to eliminate the backlog in permanent labor certification applications by the end of fiscal year 2001.
Bullet points describing major provisions and comments of the 1998 law and currently pending H-1B legislation.
Court upholds INS's policy decision to reject Cuban child's purported asylum applications. (Gonzalez v. Reno, No. 00-00206-CV-KMM (11th Cir. June 1, 2000))
Section-by-Section summary of S. 2045 with Q&A messages about the bill.
General message points on the H-1B issue and why an increase in the cap is needed.
Department of Labor certified to the Senate that it 'substantially complied' during calendar year 1999 with the requirement that it process LCAs within 7 days. This certification is necessary for DOL to obtain a share of funds from the $500 filing fee.
Letter to Yates, noting intent to litigate. Demands substantial elimination of backlog of I-817 applications at CSC & TSC; reduction of processing time to 90 days in all service centers; and establishment of measures to ensure prompt processing.
For more information about any news piece presented in our library, please contact us by email, telephone, or fax or schedule an appointment to have your individual case discussed and analyzed by an attorney.