LATEST IMMIGRATION NEWS

Last updated: Friday, September 20, 2002

Presentation © Copyright 1998-2003. VIKRAM BADRINATH, P.C. All rights reserved.

SEPTEMBER 2002

• Dept. of Education Announces Computer Matching Program with INS [09/19/2002]
  A Dept. of Education (DED) notice in the Federal Register announced a computer matching program between the DED and the INS which will permit the DED to confirm the immigration status of alien applicants for, or recipients of, Title IV financial assistance programs. (67 FR 59056, 9/19/02).

• DOJ Funds Partnerships to Promote Fair Hiring [09/18/2002]
  The DOJ’s Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) announced the award of nearly $900,000 in grants to 15 nonprofit groups serving communities throughout the country, to conduct public education programs for workers and employers about immigration-related job discrimination.

• U.S. INS Swears in Over 15,000 New Citizens [09/18/2002]
  In observance of Citizenship Day on 9/17/02, the U.S. INS swore in more than 15,000 immigrants during 23 naturalization ceremonies throughout the country.

• Justice Dept. Statement on North Jersey Media Group, Inc. v. Ashcroft [09/18/2002]
  The Justice Department comments on the Third Circuit’s 9/17/02 hearing in North Jersey Media Group, Inc. v. Ashcroft. The case concerns a challenge to a government policy blocking media and public access to the immigration hearings of people detained in connection with the events of September 11.

• DOS Rule Creates New Interim Student Database [09/18/2002]
  A 9/18/02 State Department interim rule announces the creation of the ‘Interim Student and Exchange Authentication System’ (ISEAS) for monitoring the visa adjudication process and visa issuances to foreign students and exchange visitors. ISEAS will remain operational until SEVIS is fully developed. Comments due 11/18/02.

• AILF Practice Advisory: Practicing Before the BIA Under the New Procedural Reforms" Rule [09/18/2002]
  This practice advisory highlights some of the changes made by the BIA's new "Procedural Reforms" rule, which goes into effect on September 25, 2002. The practice advisory includes a sample supplemental brief/statement addressing why a case is appropriate for three-member panel review.

• New Biometric BCCs Required Beginning October 1, 2002 [09/17/2002]
  In a 9/16/02 News Release, the INS reminds Mexican border crossers that beginning on 10/1/02, holders of the old non-biometric Mexican Border Crossing Card (BCC) will be required to present the new biometric BCC at all U.S. ports of entry along the U.S./Mexico border.

• Border Patrol Apprehensions Down 28 Percent [09/16/2002]
  The Border Patrol, on 9/16/02, announced that, during the first 10 months of FY 2002, apprehensions of undocumented immigrants were down 28 percent from the FY 2001 apprehensions for the same period. The News Release also includes figures for drug seizures during the same time frame.

• DOS Cable Provides Further Clarification and Instructions on ISEAS [09/13/2002]
  A 9/11/02 DOS cable provides further clarification and instructions on the Interim Student and Exchange Authentication System (ISEAS). ISEAS became operational on 9/11/02, and will remain in operation until the permanent SEVIS system is fully implemented.

• Cambodia Adoption Review to Expand [09/12/2002]
  The INS, on 9/11/02, announced that it will expand its review and clearance of certain Cambodian adoptions that were begun prior to the agency's December 2001 suspension of such cases. The initiative will now include those prospective adoptive parents who filed the I-600A by 12/31/01.

• Additional Information from State Dept. Regarding F, J and M Visas [09/11/2002]
  An email from DOS provides additional information on the 9/11/02 cable announcing that F, M and J visas cannot be issued without electronic notification from the sponsoring institution that the individual has been accepted into the program.

• DOS Cable Announces the Interim Student and Exchange Authentication System [09/11/2002]
  A 9/11/02 DOS cable announces that the Interim Student and Exchange Authentication System (ISEAS) will be operational on 9/11/02. ISEAS will remain in operation until the permanent SEVIS system is fully implemented.

• U.S. INS Revised Guidance for When an Adjustment Interview Can Be Waived [09/11/2002]
  INS field memo from William Yates outlines INS policy on when an interview in employment-based, family-based, asylee, and other adjustment of status cases may be waived. The memo updated an 11/92 guidance, which also is attached.

• U.S. INS Website Contains a New Section on Special Registration [09/11/2002]
  The INS has updated its website with detailed information on how and where to comply with the new Special Registration requirements, which a 9/6/02 Federal Register notice made applicable to nationals of 5 countries.

• ORR Announces Refugee Resettlement Program Funds [09/11/2002]
  The Office of Refugee Resettlement published a notice in the Federal Register announcing the availability of funds for services to refugees in areas of high need.

• Guidelines for Submitting an Optional Supplemental Brief Under the New BIA Rule [09/10/2002]
  The BIA has issued guidelines for the submission of optional supplemental briefs pursuant to the final BIA procedural reform regulation published on August 26, 2002. The regulation takes effect on September 25.

• U.S. INS Memo on Self-Petitioning as the ‘Intended’ Spouse of an Abusive USC or LPR [09/10/2002]
  In an 8/21/02 memo, INS Exec. Assoc. Comm’r for Field Operations, Johnny N. Williams, provides guidance on self-petitioning eligibility requirements for battered aliens who believed they were married to a USC/LPR but later discovered that the marriage was not valid due to the bigamy of the USC/LPR. See also accompanying email from Gail Pendleton.

• Summary of Smart Border Action Plan Status [09/10/2002]
  A White House News Release dated 9/9/02 provides a summary of the current status of the U.S.-Canada “Smart Border Action Plan,” designed to enhance the security of our shared border with Canada while facilitating the legitimate flow of people and goods.

• United States - Canada Nexus Program [09/10/2002]
  A White House News Release dated 9/9/02 provides information on the NEXUS alternative inspection programs that allows prescreened, low-risk travelers to cross the U.S.-Canada border in a dedicated lane, upon presentation of their NEXUS ID card.

• DOS Cable on Child Status Protection Act [09/09/2002]
  The State Dept. Visa Office advises posts regarding its interpretation of certain provisions of the Child Status Protection Act. It defines visa availability as requiring both a current priority date and an approved petition, and defines 'seeks to acquire the status of an LPR' as applying for an immigrant visa.

• U.S. INS Issues News Release, Fact Sheets on TPS Re-registration for Salvadoran Nationals [09/09/2002]
  The INS has issued a News Release and two Fact Sheets concerning TPS re-registration for nationals of El Salvador. The re-registration period closes on 11/12/02. One Fact Sheet reminds employers that the validity of existing TPS-related employment authorization documents for eligible Salvadorans has been extended through 3/9/03.

• President Authorizes $6.6 Million for Crisis in Liberia, Return of Refugees to Sierra Leone [09/09/2002]
  The President has determined that up to $6.6 million should be made available from the Emergency Refugee and Migration Assistance Fund to address unexpected, urgent refugee needs arising from the crisis in Liberia and from the return of refugees to Sierra Leone. (67 FR 57127, 9/9/02).

• Five Countries Designated for Special Registration [09/06/2002]
  Official copy of the Federal Register notice designating Iran, Iraq, Libya, Sudan and Syria as countries whose nationals/citizens are subject to special registration. The designations are effective 9/11/02. (67 FR 57032 9/6/02).

• Preliminary Settlement Reached in the Family Unity Lawsuit [09/06/2002]
  AILF and INS have reached a preliminary agreement to settle Escutia v. Reno, the class action lawsuit challenging the INS's failure to timely adjudicate applications for Family Unity benefits.

• DOJ Issues Fact Sheet on Final BIA ‘Reform’ Rule [09/05/2002]
  The DOJ has issued a Fact Sheet on the final rule that revamps the structure and procedures of the BIA.

• US & Canada Agree to Final Draft of Safe Third Country Agreement [09/05/2002]
  On August 30, negotiators from the U.S. and Canada initialed a final draft of a Safe Third Country Agreement. If signed, the agreement will allocate responsibility among the two countries for asylum claims made at land border ports of entry on the U.S./Canada border.

• BIA Summary Affirmances [09/05/2002]
  AILF's Legal Action Center is looking for strong appeals that the BIA has affirmed without opinion.

• U.S. INS Memo Instructs on Child Status Protection Act in Context of Asylum Applications [09/05/2002]
  In an 8/7/02 memo, INS Asylum Division Director Joseph Langlois discusses the effects of the Child Status Protection Act (PL 107-208) on derivative asylum applicants.

• Somalia TPS Extended Until 9/17/03 [09/04/2002]
  Effective 9/17/02, INS extended Temporary Protected Status (TPS) for nationals of Somalia until 9/17/03. Additional information on the registration requirements (forms required, who is eligible, etc.) are provided.

• Legislative Update, September 3, 2002 [09/03/2002]
  Congress Reconvenes; Important Pending Legislation, BIA Procedural Reforms; New INS Regulations on Concurrent Filing of I-140/I-485 Petitions, etc.

• U.S. INS News Release on TPS Extension for Nationals of Sudan [09/03/2002]
  The DOJ granted a 12-month extension of Temporary Protective Status (TPS) for eligible nationals of Sudan. This TPS extension, which covers approximately 552 registrants from Sudan, is effective 11/2/02 and remains in effect until 11/2/03. The 60-day re-registration period runs from 8/30/02 through 10/29/02.

• U.S. INS News Release on TPS Extension for Nationals of Burundi [09/03/2002]
  The DOJ granted a 12-month extension of Temporary Protective Status (TPS) for eligible nationals of Burundi. This TPS extension, which covers approximately 13 registrants from Burundi, is effective 11/2/02 and remains in effect until 11/2/03. The 60-day re-registration period runs from 8/30/02 through 10/29/02.

• U.S. INS Announces Legal Immigration Figures for FY 2001 [09/03/2002]
  The INS announced that a total of 1,064,318 persons legally immigrated to the U.S. in FY 2001. Of that figure, 411,059 obtained their visas abroad and 653,259 adjusted their status in the U.S.

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.