LATEST IMMIGRATION NEWS
Presentation © Copyright 1999, 2000. VIKRAM BADRINATH, P.C. All rights reserved.
MAY 2000
Bullet points on 'Why H.R. 4227 is Worse than Current Law'
Section-by-Section with comments of Smith/Jackson-Lee substitute for H.R. 4227 which passed the Judiciary Committee.
Comment by American Immigration Lawyers Assocation on INS' proposed revisions to the H Supplement to Form I-129, and on Form I-129W. Includes link to 'INS Proposes Change in I-129 H Supplement' posted 4/10/00.
Amended version of the May 16, 2000 INS memo that supersedes and reverses the March 14, 2000 Bach Memo. The memo states that Hs and Ls who have returned to the U.S. under advance parole would be considered to have worked with authorization under H or L status.
Pro Se Motion to Reopen Packet for 212(c) Eligible LPRs under Magana-Pizano in the Ninth Circuit available from the Brief Bank.
PDF version of The 'Immigration and Naturalization Service Data Management Improvement Act of 2000' -- Section 110 Bill.
CSC announces changes, including expedites of I-140 age-out cases, a new policy on denials, a backing away from its successorship interfiling policy, a process to change adjustments to consular processing in Service error cases, and processing priorities for I-140s and I-485s.
In an order dated May 16, the Ninth Circuit denied the INS's motion for rehearing and rehearing en banc in Magana-Pizano.
Texas Immigrant & Refugee Coalition solicits help at a public hearing urging repeal of requirement in Texas that applicants for drivers licenses or identification cards submit a Social Security number and proof of legal status.
A letter from the Atlanta INS District Office instructing prosecutors on how to obtain removals and deportations.
AILA today urged Congress to approve H.R. 2121, a bill introduced by Representatives David Bonior (D-MI), Tom Campbell (R-CA) and Bob Barr (R-GA), which would ban the use of secret evidence during U.S. INS proceedings.
INS terminates TPS for Kosovo. TPS is automatically extended until December 8, 2000 because INS failed to terminate it 60 days before expiration. Re-registration begins May 23, 2000 and ends June 22, 2000.
DOL GAL explaining the use of OES data to obtain a prevailing wage, including ACWIA revisions. Questions and answers regarding prevailing wage policy and the use of private surveys.
Bulleted summary of provisions in H.R. 4227 as passed the House Judiciary Committee on May 10, 2000
DOS updates phone numbers and web sites for various sources of immigration related information.
In 1998, a lawsuit led to the issuance of regulations implementing the certification requirement under IIRIRA §343 for nurses and occupational therapists. On May 19, 2000, a second lawsuit for the remaining four categories of healthcare workers was filed.
The Advocacy Update includes the latest news from Congress and issues in the media.
AILA hailed an agreement between the House and the Senate that effectively revokes Section 110 of the 1996 immigration law.
AILF today filed suite against the Immigration and Naturalization Service seeking regulations that would allow thousands of healthcare workers to become permanent residents.
An INS memo supercedes and reverses the 3/14/00 Bach memo, stating that Hs and Ls who have returned to the U.S. under advance parole would be considered to have worked with authorization under the H or L status, and can extend status. This position is valid only until INS issues its final 'dual intent' rule.
INS memo containing Honduras and Nicaragua TPS extension processing instructions. Applicants whose TPS application was not adjudicated prior to the extension may apply for the extension.
Letter sent to Congress outlining the need for NACARA, Registry and 245(i), in addition to H-1Bs this year.
Matter of ---, Respondent's Brief in Support of Argument that Conviction for Shoplifting under Arizona law Is Not a Crime of Moral Turpitude (IJ Florence, Arizona, March 23, 2000).
Authority over designation of exchange visitor programs is delegated to the Assistant Secretary of State for Educational and Cultural Affairs. (65 FR 31048, 5/15/00)
Motion to Terminate Proceedings Based on Continuing Status as Refugee (without acquisition of other nationality), IJ Brief, April 2000
REVISED: 'H-1B Program: America's Home Court Advantage in Global Competition.' Freely Distributable.
INS announces that its customer service 800 number is now available nationwide, and that its subject coverage is being expanded to provide more information about local offices, to change interview and fingerprint appointments in emergencies, and to report address changes for naturalization applicants.
An INS press release discusses the Service's enforcement activities and acknowledges that IIRAIRA, 'in some respects...went too far.'
The BIA rules that, under Article 3 of the U. N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, an applicant for protection must establish that the torture feared would be inflicted by or with the acquiescence of a public official or other person acting in an official capacity.
The DOS J-1 waiver section has stated that attorney checks are acceptable for the fee, and has provided information about the individual's name and case number on official notices.
TPS is extended for persons who were granted TPS or have applications pending under the initial designation for Hondurans. Those eligible for late initial registration my register during the extension. Filing is at the Service Center with jurisdication over place of residence. (65 FR 30438, 5/11/00)
TPS is extended for persons who were granted TPS or have applications pending under the initial designation for Nicaraguans. Those eligible for late initial registration my register during the extension. Filing is at the Service Center with jurisdication over place of residence. (65 FR 30440, 5/11/00)
INS General Counsel addresses the circumstances under which non-criminal, criminal and 'terrorist' aliens subject to final removal orders should be detained. The impact of delay of removal periods is among the topics discussed.
Notes from a discussion between the California Service Center and AILA representatives regarding what the CSC looks for in adjudicating H-1B petitions.
The American Institute in Taiwan advises that it follows INS' lead on successorship issues, and that documentation on the subjectcan be provided to the Institute. According to the Institute's letter, 'the issue should not cause a delay' in an I-140 based consular case.
INS News Release announcing the extension of TPS for Nicaraguans and Hondurans for one year, to expire on July 5, 2001. Re-registration requires the filing of the I-821 and the I-765.
HHS is accepting grant applications for programs in the areas of Community & Family Strengthening & Integration for Refugees, and Technical Assistance for Integration of Refugees & Families into American Communities. (65 FR 26224, 5/5/00)
Order requires reconsideration of I-140s for EB-2 equivalencies where the labor certification required a bachelor's degree plus 5 yrs. of experience, and allows filing of adjustments before I-140 is approved. Cases appealed to the AAO are considered
INS statement in support of ameliorative legislation for the harsh effect of the 1996 law. INS is issuing field guidance on prosecutorial discretion and the effects of voting before naturalization.
IIRAIRA Issues - AILA Advocacy Issue Paper on Mandatory Detention: Immigrants Detained and American Families Pay the Price.
IIRAIRA Issues - AILA Advocacy Issue Paper on Due Process: Recent Immigration Laws Go Too Far.
Issue Paper on INS Reorganization
INS General Counsel states that asylum officers have been ordered to suspend interviews in ABC or NACARA cases where they find an issue of reinstatement of a previous removal order under 245(a)(5), pending review by General Counsel of whether and when INS should reinstate such orders for ABC class members.
Respondent's Brief in Support of Application for Asylum and Withholding, In the Matter of A-M- (April 2000).
The Advocacy Update includes the latest news from Congress and issues in the media.
Summary with comments of new bill introduced by Rep. Lamar Smith (R-TX), with Representatives Tom Campbell (R-CA) and Bob Goodlatte (R-VA).
In light of the 4/30/00 expiration of the visa waiver pilot program, INS will issue 90-day paroles to qualified individuals until 5/30/00. Congress is considering making the program permanent.
Eligibility of counties previously qualified for and receiving Targeted Assistance Program grants for services to refugees is continued. (65 FR 25341, 5/1/00).
A $15.5 million set-aside for states to provide outreach and referral to eligible refugees for children's health insurance and for the provision of interpreters to enable refugees access to medical and legal services is allocated. (65 FR 25345, 5/1/00)
Suspension of Deportation after IIRAIRA: Retroactivity, Reaccrual and the Stop Time Rule -- 4/14/00.
FACT: Immigrants Are Raising Educational Standards
FACT: Immigrants Help Our Economy
FACT: Immigrants improve U.S. social situation.
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