News Portal

VISA BULLETIN FOR October 2008   Availability of immigrant numbers during October. Only applicants who have a priority date earlier than the cut-off date may be allotted a number.  FAMILY-BASED  Family Based All chargeability Areas Except Those Listed CHINA –mainland born INDIA MEXICO PHILIPPINES 1st 15APR02 15APR02 15APR02 ...

  Recently, the American Immigration Lawyers Association (AILA) issued a section-by-section analysis of the Visa Efficiency and E-Verify Extension Act of 2008. In summary this bill recaptures unused family based and employment based visas from fiscal years 1992 through 2007 and allows unused family and employment based visas in future years to automatically “roll over” to the next fiscal year. Although the maximum number of visas issued is mandated by law, the actual number of visas issued in a given year can be significantly lower based on processing or other bureaucratic delays. In order to ensure that all authorized visas are actually used, the Act permits calculation of the final number of visas available that takes into account unused visas from past yea...

  The fifth employment based preference (EB5) category is designed specifically for Employment Creation.. To qualify, a foreign national must invest between $500,000 and $1,000,000.00 depending upon the employment rate in a specific geographical location. The national must invest in a commercial enterprise in the U.S. that will create at least 10 new jobs for U.S. citizens, lawful permanent residents, or other lawful immigrants, not including the investor and his/her family. Accordingly, the regulation at 8 C.F.R. §204.6(j) states that to show that the petitioner has invested or is actively in the process of investing the required amount of capital, the petition must be accompanied by evidence that the petitioner has placed the required amount of capital at risk for...

  On July 24, 2008, the USCIS posted changes to the vaccination requirements to adjust status to that of a Legal Permanent Resident for Form I-693. The new vaccination requirements require the following age-appropriate additional vaccinations to adjust status: Rotavirus, Hepatitis A, Meningococcal, Human papillomavirus, and the Zoster vaccine.  These new vaccine requirements went into effect on July 1, 2008.  The new vaccinations must be administered for USCIS to approve the applicant for adjustment of status.   As of August 12, 2008, the Centers for Disease Control and Prevention (CDC) informed USCIS that the Zoster vaccine is currently unavailable due to shipping delays with the manufacturer. The new Zoster vaccine is required to be administered to applicants...

From June 20-24, 2008, U.S. Mayors from across the United States met in Miami, Florida for their annual conference. One important piece of their agenda was to establish a unified voice in dealing with U.S. Immigration Reform and ICE Worksite Enforcement. The U.S. Conference of Mayors have adopted several resolutions in regards to establishing this unified voice. The most important of the 2008 adopted resolutions are provided below: Immigration Reform NOW, THEREFORE, BE IT RESOLVED by The U.S. Conference of Mayors acting on behalf of its constituents to call on the President of the United States to issue an executive order to cease and desist in the execution of all raids and deportations that do not relate to our national security or to criminal activity until comprehensive i...

The following is a list of processing times released by the AAO for appeals that are filed with them. These processing times are valid as of July 21, 2008. Form Number Case Type Processing Time I-140 EB1(A) Alien with Extraordinary Ability 13 Months I-140 EB1(B) Outstanding Professor or Researcher Current I-140 EB1(C) ...

VISA BULLETIN FOR AUGUST 2008 Availability of immigrant numbers during August. Only applicants who have a priority date earlier than the cut-off date may be allotted a number.  FAMILY-BASED  Family Based All chargeability Areas Except Those Listed CHINA –mainland born INDIA MEXICO PHILIPPINES 1st 15MAR02 15MAR02 15MAR02 08AUG92 ...

We recently reported that DHS Secretary Chertoff announced that USCIS will begin issuing Employment Authorization Documents (EAD) with a two-year validity period for a limited number of individuals who have applications for legal permanent residence status pending with the U.S. Citizenship and Immigration Services (USCIS). On June 12, 2008, USCIS issued a fact sheet addressing frequently asked questions regarding the eligibility requirements for the two year EAD. In summary the fact sheet states: The two-year  EAD cards will be available to individuals with pending adjustment of status applications who have filed for an EAD and are currently unable to adjust their status to that of a permanent resident because an immigrant visa number is currently not available. In...

DHS Secretary Chertoff Announces that USCIS will begin issuing Employment Authorization Documents with a 2 year validity period for individuals with green card applications pending. On June 9, 2008, Homeland Security Secretary Michael Chertoff announced at his State of Immigration Address that the Department of Homeland Security (DHS) will be extending the validity period of the employment authorization documents (EAD) that are issued to individuals who applications for adjustment of status to lawful permanent resident status (“green card”) pending. Currently, such individuals are granted EADs with a maximum validity of one year. According to Secretary Chertoff, beginning later in June 2008, the U.S. Citizenship and Immigration Service (USCIS) will start issuing EADs ...

According to the American Immigration Lawyers Association (AILA), the U.S. Citizenship & Immigrations Service (USCIS) has provided the following update regarding H-1B cap subject cases that were received for fiscal year 2009: 1. The Service Center Operations reports that as of May 24, 2008, all receipts have been issued for those cases selected in the random lottery. The only cases that have not been issued a receipt are cases that are being reviewed for duplicate filings. 2. The USCIS has received approximately 500 petitions that are believed to be duplicates. Each of these cases will be reviewed and determination of duplicate filing will be made on a case-by-case basis. 3. The USCIS received a sufficient number of petitions during the random selection process to meet the ...

The American Immigration Lawyer’s Association (AILA)  reports that beginning July 16, 2008, the U.S. Citizenship and Immigration Service (USCIS) will resume premium processing for I-140 petitions in limited circumstances. Premium processing should be available for those beneficiaries whose six year H-1B status will expire within 60 days of filing the premium processing request so that they can utilize the approved I-140 petition to become eligible for additional time on H-1B status. The I-140 petition process is the second phase of most employment-based immigration proceedings. An official notice has not yet been issued by USCIS. This is definitely positive news for individuals who will be running out of time on H-1B status.

Availability of immigrant numbers during July. Only applicants who have a priority date earlier than the cut-off date may be allotted a number.  FAMILY-BASED  Family Based All chargeability Areas Except Those Listed CHINA –mainland born INDIA MEXICO PHILIPPINES 1st 15MAR02 15MAR02 15MAR02 22JUL92 ...

According to the American Immigration Lawyers Association (AILA), the United States Department of Labor (DOL) on June 1, 2008, a change in processing between the Chicago and Atlanta PERM National Processing Centers (NPC) went into effect. Effective June 1, 2008, the Chicago NPC will complete the processing of any pending PERM cases located there, including any that were issued an audit before April 15, 2008, or which were denied and an appeal was filed before April 15, 2008. Responses to all audits and denials issued as of April 15, 2008 must be submitted to the Atlanta NPC.  According to AILA, the DOL anticipates that the Chicago NPC will not complete all the cases by June 1, 2008 but that they will complete the cases in a short period of time after June 1, 2008.

Availability of immigrant numbers during June. Only applicants who have a priority date earlier than the cut-off date may be allotted a number.  FAMILY-SPONSORED PREFERENCES First:  Unmarried Sons and Daughters of Citizens:  23,400 plus any numbers not required for fourth preference. Second:  Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers: A.  Spouses and Children:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit; B.  Unmarried Sons and Daughters (21 years of age or older):  23% of the overall second pre...

On May 5, 2008, U.S. Citizenship and Immigration Services (USCIS) announced improvements to the E-Verify employment authorization program that will reduce a mismatch rate for naturalized citizens, while also streamlining and increasing the effectiveness of the overall program. “Less than one percent of all work-authorized employees receive a tentative non-confirmation through E-Verify,” said USCIS Acting Director Jonathan Scharfen. “While this is a very small percentage, we believe every employee who is authorized to work in the United States should be instantly authorized by the program. We’re confident that the enhancements we’re launching today will help us achieve that goal.” The E-Verify system will include naturalization data...

"The delays in completing the politically charged project, designed to stem illegal immigration, have been blamed on politicians' resistance, landowners' unwillingness to sell, shortages of materials, soaring costs and unforeseen construction problems." Houston Chronicle, Oct. 10, 2008.

"The night before their World Cup qualifier with the United States, Cuba sees two players disappear from the team hotel, according to head coach Reinhold Fanz, in presumably another case of a Cuban athlete defecting to the US." Goal.com, Oct. 11, 2008.

"In an alarming development, close to the end of the current administration, the Attorney General has signaled that he may eliminate immigrants' long-standing ability to protect their rights and salvage their removal case when former counsel was ineffective. Operating under the severe time restraint imposed by the AG, AILF filed an amicus brief reiterating immigrants' constitutional, statutory and regulatory right to protection against ineffective assistance of counsel. The brief also recommends that the Attorney General not change the current process for evaluating ineffective assistance claims by further restricting immigrants' ability to pursue their claims. Instead, AILF urges the Attorney General to adopt ameliorative changes through notice and comment and develop a better system f...

"Two presidential debates later, and still no comment from John McCain or Barack Obama on the issue of illegal immigration." Sacramento Bee, Oct. 10, 2008.

"The Army may have powerful night-vision goggles, but did you know the folks at ICE (Immigration & Customs Enforcement) have magical “illegal alien” goggles, enabling them to detect at a glance whether the person in their sights is a) an alien, rather than a U.S. citizen, and b) unlawfully present in the United States?"

"A USCIS spokesman said today that the agency is weighing a series of reforms to the H-1B application process, including the use of "independent open-source data" to obtain information about visa seekers or the companies that file the petitions on their behalf." Computerworld, Oct. 10, 2008.

"It was just two years ago that Annie Moore's descendants discovered she provided a face for America's immigrant story. Moore was the first immigrant to be processed at Ellis Island, in 1892." NPR, Oct. 10, 2008.

"Alden quotes a governor who travels abroad to find investors for his state: "When you go to Europe, the whole first half of every meeting is about how they've been travelling to the US for 20 years and now they're treated like criminals by the immigration system." This is not the price you pay to win the war on terror. It is how you lose it." Book review in the Financial Times, Oct. 6, 2008.

"Some 1500 miles north of the Mexican border, Ohio citizens attempt to confront the complexities of immigration with new legislation and police crackdowns. Two Ohio newspapers, one English-language and one Spanish-language, recently ran a special joint-series of articles on this topic: "American Divide; The Immigration Crackdown" in The Columbus Dispatch, and "División Americana: Investigación Especial" in Fronteras de la Noticia." NPR, Oct. 9, 2008.

"In North Carolina, there's been a rash of threats against Hispanic advocates and state legislators who are deemed supportive of immigrants. In recent months, those threats of violence have become so common that one Hispanic leader takes a bodyguard to some public appearances." NPR, Oct. 9, 2008.

"A new law will help speed up the application process for foreign-born U.S. troops seeking American citizenship. Sen. Charles Schumer (D-N.Y.) introduced the Military Personnel Processing Act, which will reduce FBI background check delays and other red-tape barriers holding back Iraq and Afghanistan service members' citizenship applications. President George W. Bush signed the bill into law yesterday." Newsday, Oct. 10, 2008.

"A little-noticed administrative change preventing illegal immigrants from obtaining a Texas driver's license has upset immigrant groups, lawmakers and Hispanic activists, who predict it will boost the number of unlicensed and uninsured drivers on Texas roads. Others fear it will boost a robust black market trade in counterfeit documents." Houston Chronicle, Oct. 9, 2008.

"Lake Buena Vista Resort Village & Spa has become Florida’s first federally-designated EB-5 Regional Center." Orlando Business Journal, Oct. 9, 2008.

After 21 years of non-profit service providing free and low cost legal aid to Central Texas immigrants, PAPA, the Political Asylum Project of Austin, is changing its name to American Gateways. Please join us as we host a premier launch party to celebrate this exciting new era of non-profit excellence.

PROBLEMS WITH ICE INTERROGATION, DETENTION, AND REMOVAL PROCEDURES: HEARING BEFORE THE SUBCOMMITTEE ON IMMIGRATION, CITIZENSHIP, REFUGEES, BORDER SECURITY, AND INTERNATIONAL LAW OF THE COMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES, FEBRUARY 13, 2008, Serial No. 110–80. [Large file, 173 pages, 4+MB, may be slow to load. Note esp. pp. 130-169.]

"On September 12, 2008, U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register revising the Direct Mail Program for the filing of Form N–400, Application for Naturalization. The Notice announced that in certain instances Form N–400 would be filed at a USCIS lockbox facility rather than at the USCIS Service Center. The Notice was to take effect on October 14, 2008. USCIS has decided to delay implementation while technical issues are resolved. Accordingly, the Notice published on September 12, 2008, at 73 FR 53034 is withdrawn. Applicants should continue to file their Form N–400 according to the instructions on the form." Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008.

"(1) Because the BIA found wide variances in how population control policies are understood and enforced throughout China, it reasonably concluded that the “well-founded fear” requirement of 8 U.S.C. § 1101(a)(42) is not susceptible to a construction that categorically affords or denies refugee status to all Chinese nationals with more than one child. (2) To the extent the BIA has employed a three- step evidentiary analysis to facilitate its case-by-case identification of those aliens with more than one child who possess a well-founded fear of persecution on removal to China, we discern no legal error in that framework. Specifically, we do not understand the analysis to impose a heavier burden of proof for the demonstration of a well-founded fear than the “reasonable possibility�...

"Immigrant advocates and some politicians in South Texas were flummoxed with the handling and timing of a state agency’s move to bar unauthorized immigrants from obtaining driver’s licenses — a move some predict will boost the number of unlicensed and uninsured drivers on Texas roads. Labeling the policy change as sudden, rash and possibly dubious, they began mobilizing Thursday to try to find out how it all came about. The new rule requires noncitizens to prove they are in the country legally before they are issued a new license, renew an existing one or apply for a state identification card." San Antonio Express-News, Oct. 9, 2008.

"Secrecy is an essential part of America's promise to refugees. When they apply for asylum, they are by definition seeking to escape persecution on the basis of their race, religion, nationality or political views. The law says that everything they write will be kept private. "No information indicating that you have applied for asylum will be provided to any government or country from which you claim a fear of persecution," the instructions for asylum applications state. When refugees have face-to-face interviews with immigration officials, the promise is repeated, says one local expert on the process. "Everything you tell me will be kept confidential. It won't be shared with your home government," says Regina Germain, legal director of the Rocky Mountain Survivors Center in Denver. "It...

"On net, Public Law 110-293 will decrease budget deficits (or increase surpluses) by $21 million over the 2009-2018 period." CBO, Oct. 8, 2008.

"When Magdalana Domingo Ramirez Lopez moved to this South Carolina city nearly two years ago to work at the chicken processing plant, she felt at home. ... But those hopes were shattered Tuesday when federal agents swooped into the plant, arresting 330 suspected illegal immigrants, six of them juveniles, effectively shutting down the factory and tearing apart the close-knit community." AP, Oct. 8, 2008.

"The D.C. Circuit Court blocked, for at least eight days, the entry of 17 Guantanamo Bay detainees into the U.S., putting on hold a federal judge’s order for their release. In a three-paragraph order, the Circuit Court said it was issuing a stay only to give it more time to consider the Bush Administration’s not-yet-filed plea for a delay of the entry until it can pursue a full appeal. The Court said its order “should not be construed in any way as a ruling on the merits” of the issue of a longer delay pending the appeal." ScotusBlog, Oct. 8, 2008.

"Results from this BFCA have established a 21% baseline fraud and technical violation(s) rate for H-1B petitions. Given the significant vulnerability, USCIS is making procedural changes, which will be described in a forthcoming document." USCIS, Sept. 2008.

“When you’re smuggling Mexicans, you’re talking maybe $3500. But when you start talking about Chinese, Koreans, Brazilians, the money starts going up. Koreans will get anywhere from $15,000 to $20,000. Chinese, maybe $60,000. You’re talking about huge amounts of money. More than you can make on narcotics, sometimes, so of course the drug cartels want a piece.” San Diego Reader, Oct. 4, 2008.

"A long-awaited immigration court will open in Charlotte on Nov. 4, and it's about time, said U.S. Rep. Sue Myrick, R-N.C." WSOCTV.com, Oct. 9, 2008.

H.R. 5571 / Public Law 110-362: To extend for 5 years the program relating to waiver of the foreign country residence requirement with respect to international medical graduates, and for other purposes. (Oct. 8, 2008; 122 Stat. 4013; 2 pages)

S. 2840 / Public Law 110-382: Military Personnel Citizenship Processing Act (Oct. 9, 2008; 122 Stat. 4087; 3 pages)

"A federal jury has acquitted two women who were accused of aiding and abetting illegal immigrants working at a George’s Inc. poultry plant." Joplin Globe, Oct. 9, 2008.

"Nearly one-in-ten Latino adults (9%) – U.S. citizens and immigrants alike -- reported that in the past year the police or other authorities have stopped them to ask about their immigration status. 10% of foreign-born Hispanics reported they had been asked to show their documents, and 8% of native-born U.S. citizens reported they were asked for proof of legal status." IPC, Oct. 9, 2008.

"Immigrants must now prove they are in the United States legally to obtain new driver's licenses and identification cards, which will indicate their status, under new Texas Department of Public Safety rules. As of Oct. 1, applicants who are not citizens must present immigration documents before they are issued a card." Austin American-Statesman, Oct. 9, 2008.

"Angela Guerrero knew she might be overwhelmed for a few weeks, possibly a month, juggling work, child care and the daily grind of family life when her husband set out for the U.S. consulate offices in Ciudad Juarez, Mexico. She never expected to be in the predicament she is in - her husband of five years banned from this country for at least a decade, her family torn between two countries and a tangle of immigration issues to unsnarl." Boston Globe, Oct. 9, 2008.

"With federal authorities stepping up immigration enforcement raids across the country, U.S. Sens. Edward Kennedy of Massachusetts and Robert Menendez of New Jersey have sponsored a bill to protect the rights of U.S. citizens and legal residents who get caught up in them. The Protect Citizens and Residents from Unlawful Raids and Detention Act was introduced on Sept. 25 to push for more stringent legal procedures to be followed by authorities executing immigration-related searches and warrants." Newsday, Oct. 9, 2008.

"I may not look like an undocumented alien, but until the age of 18 that's just what I was." Newsweek, Oct. 4, 2008.

"An internal report by the U.S. Citizenship and Immigration Services (USCIS) examining the H-1B visa program has found evidence of forged documents and fake degrees, and even "shell" companies giving addresses of fake locations." Computerworld, Oct. 9, 2008.

Case analysis by Bruce A. Hake.

MPI, Oct. 2008.

"The special registration measure that required men from Arab and Muslim countries to register with the government has been suspended since December 2003. But a New York court just upheld its validity. NAM contributor Edward Alden writes that it has become a form of immigration control instead of being about counter-terrorism. Alden is a senior fellow at the Council on Foreign Relations, and the author of The Closing of the American Border: Terrorism, Immigration and Security Since 9/11. He was formerly the Washington bureau chief for the Financial Times." NAM, Oct. 4, 2008.

"U.S. Customs and Border Protection announced today a traveler-centric desktop widget as part of the integrated “Let’s Get You Home” advertising and outreach campaign. As the traveler’s departure date approaches, the automated widget provides a trip countdown timer and weather at the traveler’s destination and reminds the user to obtain appropriate travel documents, as required under Western Hemisphere Travel Initiative." CBP, Oct. 2, 2008.

"Learning about your country and the rights and responsibilities that accompany citizenship is an important part of being a good citizen. USCIS and the Office of Citizenship have developed a variety of educational materials that allow immigrants to learn more about U.S. history and government as they prepare for the [new] naturalization test." USCIS, Sept. 30, 2008, including links to flash cards, new test questions and answers, and more.

Rev. June 2008: "The Immigration Outline is provided as a resource to assist attorneys in analyzing petitions for review. It synthesizes procedural and substantive principles relating to immigration law in the Ninth Circuit and covers the following topics: Jurisdiction, Standards of Review, Relief from Removal (e.g. Asylum, Cancellation of Removal, Adjustment of Status), Motions to Reopen or Reconsider, Criminal Issues, Due Process, and Attorney Fees."

"I am pleased to address you concerning your note of August 27, 2008, in which you express your interest in attending a hearing before the Inter-American Commission on Human Rights during its 133'd ordinary period of sessions to address matters relating to the general situation on the Texas/Mexico Border Wall in United States. In this respect, I am pleased to inform you that the Commission has decided to convene a hearing on October 22, 2008." IACHR, Sept. 22, 2008.

"This public notice provides information on how to apply for the DV–2010 Program." Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008.

"The Center for Gender and Refugee Studies (CGRS), one of the nation's leading refugee advocacy organizations, is seeking full-time Judith Stronach Women's Rights Fellows for summer, 2009."

DHS Office of Immigration Statistics, Sept. 2008.

"Opponents of illegal immigration are fond of telling foreigners to “get in line” before coming to work in America. But what does that line actually look like, and how many years (or decades) does it take to get through? Try it yourself!" Reason Magazine, October 2008. [Enlarge in your browser to 100% or greater for best viewing.]

"U.S. Citizenship and Immigration Services (USCIS) announced today that it will extend Temporary Protected Status (TPS) for nationals of El Salvador through Sep. 9, 2010." USCIS, Sept. 24, 2008.

"In January, Judiciary Committee Chairman John Conyers and Congresswoman Zoe Lofgren, Chairwoman of the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, wrote the Attorney General requesting him to overturn a decision by the Board of Immigration Appeals (BIA) that denied asylum to a victim of female genital mutilation (FGM) on the grounds that a woman who has already suffered the procedure could not demonstrate a fear of future persecution. Yesterday, Attorney General Michael Mukasey vacated the decision and remanded it to the court for further proceedings. Today, Conyers and Lofgren sent the Attorney General another letter, lauding him for his consideration of the case." House Judiciary Committee, Sept. 23, 2008.

USCIS, Sept. 24, 2008.

"We realize that unexpected events in a person’s home country can sometimes affect travel or other plans. Given recent severe weather in the Caribbean, USCIS would like to remind customers of available services." USCIS, Sept. 24, 2008.

"The WEST program is an innovative exchange program that will allow up to 5,000 qualifying university students and recent university graduates from the Republic of Korea to enter the United States for a period of 18 months on J-1 exchange visitor visas that will allow them to study English, participate in internships, and travel independently." DOS, Sept. 22, 2008.

"Georgetown University's Center for Applied Legal Studies will offer one lawyer a two-year teaching fellowship (July 2009 - June 2011). The fellowship provides a unique opportunity to learn how to teach law in a clinical setting."

"The CIS Ombudsman has been receiving numerous inquiries from customers about EAD applications pending more than 90 days." DHS, Sept. 19, 2008.

"USCIS will begin administering a redesigned (new) naturalization test on October 1, 2008. The following guidelines will determine whether you will take the current test or the redesigned (new) test."

"The DV-2010 Lottery online entry begins at Noon EDT on October 2, 2008, and ends at Noon EST on December 1, 2008."

"Nevada, the fastest growing state in the United States due to immigrant and native-born population growth, is facing significant challenges when it comes to education and future economic competitiveness, according to a report released today by the Migration Policy Institute (MPI)."

September 15, 2008: "This issue of AILF's Litigation Clearinghouse Newsletter covers a Seventh Circuit decision holding that the BIA abused its discretion in denying a continuance of an "arriving alien" seeking adjustment; a lawsuit filed by Fragomen, Del Ray, Bernsen Loewy LLP against the Department of Labor; a Second Circuit decision examining the scope of APA review; and a favorable First Circuit EAJA decision in a naturalization delay case." Copyright 2008 AILF.

"PAK is a do-it-yourself kit that assists immigrant families who are concerned that a family member may become unexpectedly separated from the home. The kit is an expandable folder which holds the information and documents families will need should there be an unexpected separation. The kit has instructions which inform the family members on how to use it. The kit is written in Spanish and English." NCATL.org

"In The Closing of the American Border, Edward Alden goes behind the scenes to tell the story of the Bush administration’s struggle to balance security and openness in the wake of the worst attack on U.S. soil. The goal was to build new lines of defense that could keep out terrorists without stifling the flow of people and ideas from abroad that have helped to build the world’s most dynamic economy. But instead, the government created an obstacle course that has made it vastly harder for people from across the world to come to the United States, hurting America’s image abroad and damaging its economic prospects at home."

"I am writing in response to your request for an opinion on the following: Would you please opine on whether or not undocumented individuals may enroll in Arkansas’s public colleges and universities? Do the schools have a duty to verify the citizenship of [their] admittees? RESPONSE - In my opinion, the answers to these questions are “yes” and “no,” respectively, in the absence of a rule or regulation that has been adopted by a college or university refusing admission and enrollment to undocumented individuals." Opinion No. 2008-109, September 10, 2008.

"This "how-to" conference is aimed at beginner and intermediate practitioners, and offers clear step-by-step guidance on how to address typical problems faced by family and business-based practitioners. Primers, practice strategies, citizenship, visas, criminal issues, worksite issues, removal, PERM—it's all here—along with law practice management, and frequent opportunities to ask questions and meet with course faculty and your colleagues."

"EMPLOYMENT VISA AVAILABILITY: Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the “unavailability” of all Employment Third preference categories beginning in July, 2) the “unavailability” of numbers for China and India Employment...

And other documents by ILRC.

"The delays in completing the politically charged project, designed to stem illegal immigration, have been blamed on politicians' resistance, landowners' unwillingness to sell, shortages of materials, soaring costs and unforeseen construction problems." Houston Chronicle, Oct. 10, 2008.

"The night before their World Cup qualifier with the United States, Cuba sees two players disappear from the team hotel, according to head coach Reinhold Fanz, in presumably another case of a Cuban athlete defecting to the US." Goal.com, Oct. 11, 2008.

"In an alarming development, close to the end of the current administration, the Attorney General has signaled that he may eliminate immigrants' long-standing ability to protect their rights and salvage their removal case when former counsel was ineffective. Operating under the severe time restraint imposed by the AG, AILF filed an amicus brief reiterating immigrants' constitutional, statutory and regulatory right to protection against ineffective assistance of counsel. The brief also recommends that the Attorney General not change the current process for evaluating ineffective assistance claims by further restricting immigrants' ability to pursue their claims. Instead, AILF urges the Attorney General to adopt ameliorative changes through notice and comment and develop a better system f...

"Two presidential debates later, and still no comment from John McCain or Barack Obama on the issue of illegal immigration." Sacramento Bee, Oct. 10, 2008.

"The Army may have powerful night-vision goggles, but did you know the folks at ICE (Immigration & Customs Enforcement) have magical “illegal alien” goggles, enabling them to detect at a glance whether the person in their sights is a) an alien, rather than a U.S. citizen, and b) unlawfully present in the United States?"

"A USCIS spokesman said today that the agency is weighing a series of reforms to the H-1B application process, including the use of "independent open-source data" to obtain information about visa seekers or the companies that file the petitions on their behalf." Computerworld, Oct. 10, 2008.

"It was just two years ago that Annie Moore's descendants discovered she provided a face for America's immigrant story. Moore was the first immigrant to be processed at Ellis Island, in 1892." NPR, Oct. 10, 2008.

"Alden quotes a governor who travels abroad to find investors for his state: "When you go to Europe, the whole first half of every meeting is about how they've been travelling to the US for 20 years and now they're treated like criminals by the immigration system." This is not the price you pay to win the war on terror. It is how you lose it." Book review in the Financial Times, Oct. 6, 2008.

"Some 1500 miles north of the Mexican border, Ohio citizens attempt to confront the complexities of immigration with new legislation and police crackdowns. Two Ohio newspapers, one English-language and one Spanish-language, recently ran a special joint-series of articles on this topic: "American Divide; The Immigration Crackdown" in The Columbus Dispatch, and "División Americana: Investigación Especial" in Fronteras de la Noticia." NPR, Oct. 9, 2008.

"In North Carolina, there's been a rash of threats against Hispanic advocates and state legislators who are deemed supportive of immigrants. In recent months, those threats of violence have become so common that one Hispanic leader takes a bodyguard to some public appearances." NPR, Oct. 9, 2008.

"A new law will help speed up the application process for foreign-born U.S. troops seeking American citizenship. Sen. Charles Schumer (D-N.Y.) introduced the Military Personnel Processing Act, which will reduce FBI background check delays and other red-tape barriers holding back Iraq and Afghanistan service members' citizenship applications. President George W. Bush signed the bill into law yesterday." Newsday, Oct. 10, 2008.

"A little-noticed administrative change preventing illegal immigrants from obtaining a Texas driver's license has upset immigrant groups, lawmakers and Hispanic activists, who predict it will boost the number of unlicensed and uninsured drivers on Texas roads. Others fear it will boost a robust black market trade in counterfeit documents." Houston Chronicle, Oct. 9, 2008.

"Lake Buena Vista Resort Village & Spa has become Florida’s first federally-designated EB-5 Regional Center." Orlando Business Journal, Oct. 9, 2008.

After 21 years of non-profit service providing free and low cost legal aid to Central Texas immigrants, PAPA, the Political Asylum Project of Austin, is changing its name to American Gateways. Please join us as we host a premier launch party to celebrate this exciting new era of non-profit excellence.

PROBLEMS WITH ICE INTERROGATION, DETENTION, AND REMOVAL PROCEDURES: HEARING BEFORE THE SUBCOMMITTEE ON IMMIGRATION, CITIZENSHIP, REFUGEES, BORDER SECURITY, AND INTERNATIONAL LAW OF THE COMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES, FEBRUARY 13, 2008, Serial No. 110–80. [Large file, 173 pages, 4+MB, may be slow to load. Note esp. pp. 130-169.]

"On September 12, 2008, U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register revising the Direct Mail Program for the filing of Form N–400, Application for Naturalization. The Notice announced that in certain instances Form N–400 would be filed at a USCIS lockbox facility rather than at the USCIS Service Center. The Notice was to take effect on October 14, 2008. USCIS has decided to delay implementation while technical issues are resolved. Accordingly, the Notice published on September 12, 2008, at 73 FR 53034 is withdrawn. Applicants should continue to file their Form N–400 according to the instructions on the form." Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008.

"(1) Because the BIA found wide variances in how population control policies are understood and enforced throughout China, it reasonably concluded that the “well-founded fear” requirement of 8 U.S.C. § 1101(a)(42) is not susceptible to a construction that categorically affords or denies refugee status to all Chinese nationals with more than one child. (2) To the extent the BIA has employed a three- step evidentiary analysis to facilitate its case-by-case identification of those aliens with more than one child who possess a well-founded fear of persecution on removal to China, we discern no legal error in that framework. Specifically, we do not understand the analysis to impose a heavier burden of proof for the demonstration of a well-founded fear than the “reasonable possibility�...

"Immigrant advocates and some politicians in South Texas were flummoxed with the handling and timing of a state agency’s move to bar unauthorized immigrants from obtaining driver’s licenses — a move some predict will boost the number of unlicensed and uninsured drivers on Texas roads. Labeling the policy change as sudden, rash and possibly dubious, they began mobilizing Thursday to try to find out how it all came about. The new rule requires noncitizens to prove they are in the country legally before they are issued a new license, renew an existing one or apply for a state identification card." San Antonio Express-News, Oct. 9, 2008.

"Secrecy is an essential part of America's promise to refugees. When they apply for asylum, they are by definition seeking to escape persecution on the basis of their race, religion, nationality or political views. The law says that everything they write will be kept private. "No information indicating that you have applied for asylum will be provided to any government or country from which you claim a fear of persecution," the instructions for asylum applications state. When refugees have face-to-face interviews with immigration officials, the promise is repeated, says one local expert on the process. "Everything you tell me will be kept confidential. It won't be shared with your home government," says Regina Germain, legal director of the Rocky Mountain Survivors Center in Denver. "It...

"On net, Public Law 110-293 will decrease budget deficits (or increase surpluses) by $21 million over the 2009-2018 period." CBO, Oct. 8, 2008.

"When Magdalana Domingo Ramirez Lopez moved to this South Carolina city nearly two years ago to work at the chicken processing plant, she felt at home. ... But those hopes were shattered Tuesday when federal agents swooped into the plant, arresting 330 suspected illegal immigrants, six of them juveniles, effectively shutting down the factory and tearing apart the close-knit community." AP, Oct. 8, 2008.

"The D.C. Circuit Court blocked, for at least eight days, the entry of 17 Guantanamo Bay detainees into the U.S., putting on hold a federal judge’s order for their release. In a three-paragraph order, the Circuit Court said it was issuing a stay only to give it more time to consider the Bush Administration’s not-yet-filed plea for a delay of the entry until it can pursue a full appeal. The Court said its order “should not be construed in any way as a ruling on the merits” of the issue of a longer delay pending the appeal." ScotusBlog, Oct. 8, 2008.

"Results from this BFCA have established a 21% baseline fraud and technical violation(s) rate for H-1B petitions. Given the significant vulnerability, USCIS is making procedural changes, which will be described in a forthcoming document." USCIS, Sept. 2008.

“When you’re smuggling Mexicans, you’re talking maybe $3500. But when you start talking about Chinese, Koreans, Brazilians, the money starts going up. Koreans will get anywhere from $15,000 to $20,000. Chinese, maybe $60,000. You’re talking about huge amounts of money. More than you can make on narcotics, sometimes, so of course the drug cartels want a piece.” San Diego Reader, Oct. 4, 2008.

"A long-awaited immigration court will open in Charlotte on Nov. 4, and it's about time, said U.S. Rep. Sue Myrick, R-N.C." WSOCTV.com, Oct. 9, 2008.

H.R. 5571 / Public Law 110-362: To extend for 5 years the program relating to waiver of the foreign country residence requirement with respect to international medical graduates, and for other purposes. (Oct. 8, 2008; 122 Stat. 4013; 2 pages)

S. 2840 / Public Law 110-382: Military Personnel Citizenship Processing Act (Oct. 9, 2008; 122 Stat. 4087; 3 pages)

"A federal jury has acquitted two women who were accused of aiding and abetting illegal immigrants working at a George’s Inc. poultry plant." Joplin Globe, Oct. 9, 2008.

"Nearly one-in-ten Latino adults (9%) – U.S. citizens and immigrants alike -- reported that in the past year the police or other authorities have stopped them to ask about their immigration status. 10% of foreign-born Hispanics reported they had been asked to show their documents, and 8% of native-born U.S. citizens reported they were asked for proof of legal status." IPC, Oct. 9, 2008.

"Immigrants must now prove they are in the United States legally to obtain new driver's licenses and identification cards, which will indicate their status, under new Texas Department of Public Safety rules. As of Oct. 1, applicants who are not citizens must present immigration documents before they are issued a card." Austin American-Statesman, Oct. 9, 2008.

"Angela Guerrero knew she might be overwhelmed for a few weeks, possibly a month, juggling work, child care and the daily grind of family life when her husband set out for the U.S. consulate offices in Ciudad Juarez, Mexico. She never expected to be in the predicament she is in - her husband of five years banned from this country for at least a decade, her family torn between two countries and a tangle of immigration issues to unsnarl." Boston Globe, Oct. 9, 2008.

"With federal authorities stepping up immigration enforcement raids across the country, U.S. Sens. Edward Kennedy of Massachusetts and Robert Menendez of New Jersey have sponsored a bill to protect the rights of U.S. citizens and legal residents who get caught up in them. The Protect Citizens and Residents from Unlawful Raids and Detention Act was introduced on Sept. 25 to push for more stringent legal procedures to be followed by authorities executing immigration-related searches and warrants." Newsday, Oct. 9, 2008.

"I may not look like an undocumented alien, but until the age of 18 that's just what I was." Newsweek, Oct. 4, 2008.

"An internal report by the U.S. Citizenship and Immigration Services (USCIS) examining the H-1B visa program has found evidence of forged documents and fake degrees, and even "shell" companies giving addresses of fake locations." Computerworld, Oct. 9, 2008.

Case analysis by Bruce A. Hake.

MPI, Oct. 2008.

"The special registration measure that required men from Arab and Muslim countries to register with the government has been suspended since December 2003. But a New York court just upheld its validity. NAM contributor Edward Alden writes that it has become a form of immigration control instead of being about counter-terrorism. Alden is a senior fellow at the Council on Foreign Relations, and the author of The Closing of the American Border: Terrorism, Immigration and Security Since 9/11. He was formerly the Washington bureau chief for the Financial Times." NAM, Oct. 4, 2008.

"U.S. Customs and Border Protection announced today a traveler-centric desktop widget as part of the integrated “Let’s Get You Home” advertising and outreach campaign. As the traveler’s departure date approaches, the automated widget provides a trip countdown timer and weather at the traveler’s destination and reminds the user to obtain appropriate travel documents, as required under Western Hemisphere Travel Initiative." CBP, Oct. 2, 2008.

"Learning about your country and the rights and responsibilities that accompany citizenship is an important part of being a good citizen. USCIS and the Office of Citizenship have developed a variety of educational materials that allow immigrants to learn more about U.S. history and government as they prepare for the [new] naturalization test." USCIS, Sept. 30, 2008, including links to flash cards, new test questions and answers, and more.

Rev. June 2008: "The Immigration Outline is provided as a resource to assist attorneys in analyzing petitions for review. It synthesizes procedural and substantive principles relating to immigration law in the Ninth Circuit and covers the following topics: Jurisdiction, Standards of Review, Relief from Removal (e.g. Asylum, Cancellation of Removal, Adjustment of Status), Motions to Reopen or Reconsider, Criminal Issues, Due Process, and Attorney Fees."

"I am pleased to address you concerning your note of August 27, 2008, in which you express your interest in attending a hearing before the Inter-American Commission on Human Rights during its 133'd ordinary period of sessions to address matters relating to the general situation on the Texas/Mexico Border Wall in United States. In this respect, I am pleased to inform you that the Commission has decided to convene a hearing on October 22, 2008." IACHR, Sept. 22, 2008.

"This public notice provides information on how to apply for the DV–2010 Program." Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008.

"The Center for Gender and Refugee Studies (CGRS), one of the nation's leading refugee advocacy organizations, is seeking full-time Judith Stronach Women's Rights Fellows for summer, 2009."

DHS Office of Immigration Statistics, Sept. 2008.

"Opponents of illegal immigration are fond of telling foreigners to “get in line” before coming to work in America. But what does that line actually look like, and how many years (or decades) does it take to get through? Try it yourself!" Reason Magazine, October 2008. [Enlarge in your browser to 100% or greater for best viewing.]

"U.S. Citizenship and Immigration Services (USCIS) announced today that it will extend Temporary Protected Status (TPS) for nationals of El Salvador through Sep. 9, 2010." USCIS, Sept. 24, 2008.

"In January, Judiciary Committee Chairman John Conyers and Congresswoman Zoe Lofgren, Chairwoman of the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, wrote the Attorney General requesting him to overturn a decision by the Board of Immigration Appeals (BIA) that denied asylum to a victim of female genital mutilation (FGM) on the grounds that a woman who has already suffered the procedure could not demonstrate a fear of future persecution. Yesterday, Attorney General Michael Mukasey vacated the decision and remanded it to the court for further proceedings. Today, Conyers and Lofgren sent the Attorney General another letter, lauding him for his consideration of the case." House Judiciary Committee, Sept. 23, 2008.

USCIS, Sept. 24, 2008.

"We realize that unexpected events in a person’s home country can sometimes affect travel or other plans. Given recent severe weather in the Caribbean, USCIS would like to remind customers of available services." USCIS, Sept. 24, 2008.

"The WEST program is an innovative exchange program that will allow up to 5,000 qualifying university students and recent university graduates from the Republic of Korea to enter the United States for a period of 18 months on J-1 exchange visitor visas that will allow them to study English, participate in internships, and travel independently." DOS, Sept. 22, 2008.

"Georgetown University's Center for Applied Legal Studies will offer one lawyer a two-year teaching fellowship (July 2009 - June 2011). The fellowship provides a unique opportunity to learn how to teach law in a clinical setting."

"The CIS Ombudsman has been receiving numerous inquiries from customers about EAD applications pending more than 90 days." DHS, Sept. 19, 2008.

"USCIS will begin administering a redesigned (new) naturalization test on October 1, 2008. The following guidelines will determine whether you will take the current test or the redesigned (new) test."

"The DV-2010 Lottery online entry begins at Noon EDT on October 2, 2008, and ends at Noon EST on December 1, 2008."

"Nevada, the fastest growing state in the United States due to immigrant and native-born population growth, is facing significant challenges when it comes to education and future economic competitiveness, according to a report released today by the Migration Policy Institute (MPI)."

September 15, 2008: "This issue of AILF's Litigation Clearinghouse Newsletter covers a Seventh Circuit decision holding that the BIA abused its discretion in denying a continuance of an "arriving alien" seeking adjustment; a lawsuit filed by Fragomen, Del Ray, Bernsen Loewy LLP against the Department of Labor; a Second Circuit decision examining the scope of APA review; and a favorable First Circuit EAJA decision in a naturalization delay case." Copyright 2008 AILF.

"PAK is a do-it-yourself kit that assists immigrant families who are concerned that a family member may become unexpectedly separated from the home. The kit is an expandable folder which holds the information and documents families will need should there be an unexpected separation. The kit has instructions which inform the family members on how to use it. The kit is written in Spanish and English." NCATL.org

"In The Closing of the American Border, Edward Alden goes behind the scenes to tell the story of the Bush administration’s struggle to balance security and openness in the wake of the worst attack on U.S. soil. The goal was to build new lines of defense that could keep out terrorists without stifling the flow of people and ideas from abroad that have helped to build the world’s most dynamic economy. But instead, the government created an obstacle course that has made it vastly harder for people from across the world to come to the United States, hurting America’s image abroad and damaging its economic prospects at home."

"I am writing in response to your request for an opinion on the following: Would you please opine on whether or not undocumented individuals may enroll in Arkansas’s public colleges and universities? Do the schools have a duty to verify the citizenship of [their] admittees? RESPONSE - In my opinion, the answers to these questions are “yes” and “no,” respectively, in the absence of a rule or regulation that has been adopted by a college or university refusing admission and enrollment to undocumented individuals." Opinion No. 2008-109, September 10, 2008.

"This "how-to" conference is aimed at beginner and intermediate practitioners, and offers clear step-by-step guidance on how to address typical problems faced by family and business-based practitioners. Primers, practice strategies, citizenship, visas, criminal issues, worksite issues, removal, PERM—it's all here—along with law practice management, and frequent opportunities to ask questions and meet with course faculty and your colleagues."

"EMPLOYMENT VISA AVAILABILITY: Item E of the May 2008 Visa Bulletin (number 118, volume VIII) indicated that many Employment cut-off dates had been advancing very rapidly, based on indications that the Citizenship and Immigration Services (CIS) would need to review a significantly larger pool of applicants than there were numbers available in order to maximize number use under the FY-2008 annual limits. That item also indicated that if the CIS projections proved to be incorrect, it would be necessary to adjust the cut-off dates during the final quarter of FY-2008. The CIS estimates have proven to be very high resulting in: 1) the “unavailability” of all Employment Third preference categories beginning in July, 2) the “unavailability” of numbers for China and India Employment...

And other documents by ILRC.