LATEST IMMIGRATION NEWS
Last updated: Tuesday, October 31, 2000
Presentation © Copyright 1999, 2000. VIKRAM BADRINATH, P.C. All rights reserved.
OCTOBER 2000
Sample letter to the editor encouraging support for LIFA issues in final days of the Congress.
The Department of Labor provides current fax numbers for its 10 regional offices, for purposes of filing 'traditional' (non-faxback) labor condition applications.
The mandatory detention provisions of INA §236(c) do not apply to an alien who was convicted after expiration of the Transition Period Custody Rules, but who was released from custody prior to the expiration of the Rules, and who was not physically confined or restrained as a result of that conviction.
LIFA has taken center stage in Congress as this session draws to a close. It’s not too late to contact members of Congress and the White House encouraging their support for the provisions included in LIFA!
This Legislative Update includes the latest news from Congress and issues in the media.
INS Commissioner Doris Meissner announces that she will be leaving the INS in mid-November to re-join the Carnegie Endowment for International Peace, where she previously worked.
Full Text of H.R. 3767, the Visa Waiver Permanent Program Act.
FAQs from regarding S. 2045, the American Competitiveness in the Twenty-First Century Act (AC21).
INS instructs the field that I-824s and duplicate immigrant petition filings that request consular processing are to be treated as withdrawals of a pending I-485 and accompanying work authorization.
President Clinton late yesterday signed S. 2045, the H-1B bill, and H.R. 5362, the fee increase bill, with the official date of enactment thereby being October 17, 2000.
INS HQ advises the field that a software engineer may qualify as an 'engineer' under NAFTA, and that 'it is reasonable' to require a degree in engineering for that TN category. Qualification under the Scientific Technician category also is addressed. Please click on the PDF icon for the full text.
Ciudad Juarez will accept third country IV cases even if there is no adjustment of status application pending, as long as the I-824 was filed before 9/20/00.
Full text of bill as passed by Congress and sent to the President for signature.
A final INS rule eliminates the requirement that duplicated and electronically produced forms be in the same color & configuration used on the GPO-produced forms, and that forms provided by public & private entities be submitted to INS for approval. (65 FR 61259, 10/17/00).
Entry of persons from Sierra Leone is suspended for persons involved with the Revolutionary United Front or who impede the peace process in Sierra Leone. This includes the spouses, children, and parents of those involved.
Full text of bill as passed by Congress and sent to the President for signature.
The Board of Immigration Appeals (BIA) has approved a new pilot project that will work to increase the level of pro bono representation to detainees without representation before the BIA.
INS reopens the comment period and extends to October 18 its proposal 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. (65 FR 60384, 10/11/00)
BALCA Case Summaries.
More detailed summary of provisions in the H-1B bill passed by Congress.
Answers from VSC include such topics as I-140 age-outs in consular cases, referrals of I-485s to Baltimore, 'not in system' responses on TIERS, and requiring new I-140s when companies change their names.
This Legislative Update includes the latest news from Congress and issues in the media.
Respondent’s conviction for attempted possession of stolen property is a conviction for an attempted theft offense, and therefore an aggravated felony, pursuant to INA §§101(a)(43)(G) and (U). The INS retains prosecutorial discretion to decide whether to remove a respondent subsequent to IIRAIRA.
Persons arriving from Cuba must enter through JFK, Los Angeles, or Miami International airports, or must obtain advance permission to land. (65 FR 58902, 10/3/00).
Immigration Lawyers Applaud House Vote On H-1B; Congress Needs To Pass Other Immigration Measures
Text and .pdf version of H-1B Bill passed by Congress on October 3 and sent to the President for Signature.
Senate votes to keep economy booming; Congress needs to pass other immigration measures.
Summary of provisions in S. 2045 as passed by the Senate on October 3, 2000.
TPS for Montserrat has been extended retroactively from August 28, 2000 to August 27, 2001. The thirty day re-registration period is from October 2, 2000 until November 1, 2000.
On September 29, 2000, AILF entered into an agreement with INS to settle Abraham v. Reno, the lawsuit filed to compel INS to issue regulations implementing IIRIRA §343 for Medical Technologists, Medical Technicians, Physicians Assistants and Speech/Language Pathologists applying for permanent residence.
In a memo to the AG, President Clinton authorizes up to 80,000 refugees to be admitted to the U.S. during FY 2001. The memo includes the regional allocation of the admission numbers.
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