LATEST IMMIGRATION NEWS
Last updated: Friday, September 29, 2000
Presentation © Copyright 1999, 2000. VIKRAM BADRINATH, P.C. All rights reserved.
SEPTEMBER 2000
In a memo to the Attorney General, President Clinton extended DED and work authorization for Liberians for one year. Liberian DED was to expire September 29, 2000.
Ciudad Juarez' immigrant visa section advises AILA of procedures at that post to commence the new IV process for employment-based cases with pending I-824s.
The consulate at Ciudad Juarez is implementing new procedures for nonimmigrant visa processing, effective October 2, 2000.
Motion and accompanying amicus brief filed by AILF and AILA in support of Motion for Rehearing in Andreiu v. Reno (9th Cir), a recent case interpreting INA §242(f)(2) as imposing a very high standard for obtaining a stay of removal pending judicial review.
Petitioner’s Brief on Petitioner's Motion for Rehearing in Andreiu v. Reno, a recent 9th Circuit decision regarding stays of removal pending judicial review. The court interpreted INA §242(f)(2) as imposing a very high standard for obtaining a stay.
An agency will be considered to 'know' that an indivual is in the U.S. unlawfully only when the unlawful presence finding is part of a formal determination, subject to review, on a claim for a benefit specified under legislation requiring the agency to notify the INS of such unlawful presence.
Immigration Lawyers: Strongly Endorse Kennedy Bill -- Restores Justice, Fairness, Family Values To Immigration
Corrected Version: The State Dept. instructs posts to accept employment-based immigrant visa cases directly for persons with I-824s pending who were last resident in that district, and encourages posts to accept such cases from out-of district residents.
The U.S. General Accounting Office has issued a report on the H-1B program.
The Vermont Service Center has provided information to AILA's VSC liaison committee regarding processing delays (including those created by the file audit), consular processing requests, the rate of RFE issuance, H-1B processing, and problem case inquiries.
INS corrects its regulations to make clear that fingerprinting is required for renewals or replacements of green cards only when the replacement request is because the individual has reached age 14. (65 FR 57723, 9/26/00).
The State Dept. has designated The Islamic Movement of Uzbekistan as a foreign terrorist organization. (65 FR 57641, 9/25/00)
INS issues regulations defining the rights of, and limitations on, habitual residents of U.S. territories & possessions under Compacts of Free Association with the Marshall Islands, Micronesia and Palau. (65 FR 56463, 9/19/00)
HHS updates its list of areas, population groups, and facilities designated as health professional shortage areas. (65 FR 56027, 9/15/00) Caution: Large File (800 kb)
Under New York Law, the resentencing of a youthful offender following a violation of probation does not convert the youthful offender adjudication into a judgment of conviction.
Text of amicus brief -- filed this week by AILA, National Immigration Project, and N.Y. State Defenders Association -- in U.S. v. Pacheco, in which district court held that “aggravated felony” can include certain misdemeanors.
The Vermont Service Center provides a summary of its I-751 processing procedures.
The VSC discusses unlawful employment after filing an AOS applcation, the order of processing of I-130s, and a change in cabling policies. VSC asks to be contacted if an AOS was filed before 11/99 but no fingerprint notice has been received. Please click on the PDF icon for the newsletter.
Message points on the need for essential workers
Results of a meeting, regarding documentation required to obtain drivers licenses, between the Texas Dept. of Public Safety and a Texas immigrants rights coalition. Refugess, foreign students, and Canadians can obtain licenses. Documentation for other non-citizens is more problematic.
Issue paper on mandatory and indefinite detention.
BALCA Case Summaries.
The State Dept. names the 10 posts where a new rule requiring applicants to pay the processing fee prior to formal application will be implemented. (65 FR 54598, 9/8/00).
The State Dept. proposes to initially implement at only 10 posts a requirement that immigrant visa applicants pay the processing fee prior to formal application. Other posts would be added later. (65 FR 54412, 9/8/00)
The State Dept. announces that a $50 fee will be imposed on all I-864 Affidavits of Support sent to petitioners by the NVC or overseas posts after 10/1/00. The fee does not apply to I-864s filed with INS. (65 FR 54148, 9/7/00)
INS has issued interim regulations governing national interest waivers for physicians practicing in shortage areas or at Veterans Affairs (VA)-operated facilities. Comments are due 11/6/00. (65 FR 53889, 9/6/00).
AILA, AILF and 8 other organizations commented on the EOIR's proposal to partially restore section 212(c) relief, suggesting revisions necessary to achieve greater substantive and procedural fairness for those who should benefit from this regulation.
AILA, AILF and 36 other organizations commented on EOIR's proposed regulation for restoring 212(c) relief. The comments point out the significant ways in which the proposed regulation fails to ameliorate the harm caused by Matter of Soriano.
Revised AILA Advocacy Issue Paper on 'Equity of Relief.' Freely distributable.
Revised AILA Advocacy Issue Paper on 'Changing the Registry Date.' Freely distributable.
Part of 245i Restoration Advocacy Packet. See the AILA Advocacy Center for details.
Revised AILA Advocacy Issue Paper on 'FIX 96, Restoring Due Process to Immigration Law.' Freely distributable.
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