Immigration News

• TPS Issued for Haitians
  On 1/21/10, DHS issued a notice announcing that designation of Haiti for temporary protected status (TPS) for a period of 18 months. The 180-day registration period for eligible individuals to submit their TPS applications begins 1/21/10. (Jan 2010)


• SECRETARY NAPOLITANO ANNOUNCES PROPOSED RULE FOR PERMANEENT GLOBAL ENTRY PROGRAM
  Department of Homeland Security (DHS) Secretary Janet Napolitano announced the publication of new proposed rule that would establish Global Entry—a U.S. Customs and Border Protection (CBP) voluntary initiative that streamlines the international arrivals and admission process at airports for trusted travelers through biometric identification—as a permanent program. “ Global Entry—currently available as a pilot program at 20 U.S. international airports—allows pre-approved members a streamlined, automated alternative to regular passport processing lines. The proposed rule poses federal regulations that would end the current pilot and make Global Entry permanent—allowing CBP to expand the program to additional U.S. international airports. Those members currently participating in the pilot will have their time credited to the five year membership as proposed in the rule, so there will be no break in membership or need to re-apply when the program becomes permanent. At Global Entry kiosks, members insert their passport or lawful permanent resident card into a document reader, provide digital fingerprints for comparison with fingerprints on file, answer customs declaration questions on the kiosk’s touchscreen,and then present a transaction receipt to U.S. Customs and Border Protection (CBP) officers before leaving the inspection area.


• ICE ASSISTANT SECRETARY JOHN MORTON ANNOUNCES 1,000 NEW WORKPLACE AUDITS
  U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton announced the issuance of Notices of Inspection (NOIs) to 1,000 employers across the country associated with critical infrastructure—alerting business owners that ICE will audit their hiring records to determine compliance with employment eligibility verification laws. “ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces,” said Assistant Secretary Morton. “We are increasing criminal and civil enforcement of immigration-related employment laws and imposing smart, tough employer sanctions to even the playing field for employers who play by the rules.” (Nov 2009)


• USCIS STANDARDIZES PROCESS FOR CUSTOMERS WITH DISABILITIES
  USCIS announced that it has established a streamlined, standardized process for receiving requests for accommodations from customers with disabilities. Customers in need of accommodations from field offices and Application Support Centers should now call the National Customer Service Center (NCSC) at 1-800-375-5283 (TDD: 1-800-767-1833). (Nov 2009)


• CUOMO ISSUES MORE THAN 30 ADDITIONAL SUBPOENAS ACROSS NYC IN EXPANDING IMMIGRATION FRAUD INVESTIGATION
  Attorney General Andrew M. Cuomo today announced that - as part of his office’s expanding investigation into immigration fraud - he is issuing more than thirty additional subpoenas to organizations and individuals accused of engaging in fraudulent immigration business practices. The organizations and individuals allegedly pose as legitimate immigration service providers and provide legal services that they are not authorized to perform. The subpoenas issued today demand documents and testimony from the organizations and individuals within thirty days. “This expanding investigation continues to uncover evidence that organizations and individuals disregard the law and give unauthorized legal advice to New York’s immigrant communities,” said Attorney General Cuomo. “The consequences of bad legal advice can devastate individuals and their families, threatening their citizenship and chances for a life in this country. (Sept. 2009.)


• 2011 DIVERSITY VISA LOTTERY PROGROM REGISTRATION
  The Department of State announces the opening of the registration period for the DV-2011 Diversity Visa lottery. Entries for the DV-2011 Diversity Visa lottery must be submitted electronically between noon, Eastern Daylight Time (EDT) (GMT-4), Friday, October 2, 2009, and noon, Eastern Standard Time (EST) (GMT-5), Monday, November 30, 2009. Applicants may access the electronic Diversity Visa entry form (E-DV) at www.dvlottery.state.gov during the registration period. Paper entries will not be accepted. Applicants are strongly encouraged not to wait until the last week of the registration period to enter. Heavy demand may result in website delays. No entries will be accepted after noon EST on November 30, 2009. (Sept 2009)


• FLORIDA DISTRICT COURT STRIKES DOWN WIDOWS PENALTY
  The U.S. District Court for the Southern District of Florida, Fort Pierce Division, found that despite a U.S. Citizen I-130 petitioner’s death prior to adjudication on the merits, USCIS had no basis to revoke or terminate the petition for classification as an immediate relative. Maclean v. Napolitano (Sept. 2009.)


• IPC REPORTS CONCLUDE IMMIGRATION NOT INCREASE UNEMPLOYMENT
  Two new reports published by the Immigration Policy Center (IRC) in Washington, D.C. debunk the simplistic myth propagated by anti-immigration activists that immigrants fill U.S. jobs only at the expense of unemployed native-born workers. The first report, “The Unemployment and Immigration Disconnect,” analyzes the relationship (or lack thereof) between recent immigration and the general unemployment rate in different regions, states, and counties. The second report, “Immigration and Native-Born Unemployment Across Racial/Ethnic Groups,” analyzes the relationship between recent immigration and unemployment among native-born whites, blacks, Latinos, and Asians in different states and metropolitan areas. Both reports demonstrate that there is no discernible relationship whatsoever between the number of recent immigrants in a particular locale and the unemployment rate among native-born whites, blacks, Latinos, or Asians. This holds true even now, at a time of economic recession and high unemployment. (May 2009)


• WHITE HOUSE ANNOUNCES MEETING ON IMMIGRATION REFORM WITH CONGRESSIONAL LEADERS FOR JUNE 8, 2009
  President Barack Obama will gather congressional leaders at the White House next month to launch a policy discussion on immigration, according to an administration official, but legislative action isn't likely until next year at the earliest. The June 8 meeting is meant to show the White House is moving on the issue -- which is key for Hispanic advocacy groups that helped Mr. Obama get elected in November. (May 2009)


• BIA RULES “ARRIVING” CUBANS NOT ELIGIBLE FOR ADJUSTMENT OF STATUS BEFORE IMMIGRATION JUDGE
  The BIA vacates and remands, holding that Immigration Judges no longer have jurisdiction in removal proceedings to consider adjustment of status applications filed by arriving aliens who are seeking benefits under the Cuban Adjustment Act. Matter of Martinez-Montalvo, 24 I&N Dec. 778 (April 2009)


• US-VISIT ENTRANTS NOW REQUIRED TO OBTAIN PRE-APPROVAL
  The U.S. Department of Homeland Security (DHS) today reminded travelers from all Visa Waiver Program (VWP) countries that they are now required to obtain approval through the Electronic System for Travel Authorization (ESTA) prior to traveling to the United States. This requirement, effective today, applies to all eligible citizens or nationals traveling under the VWP. The citizens or nationals of the following countries are currently eligible to travel to the United States under the VWP: Andorra, Australia, Austria, Belgium, Brunei, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, the Republic of Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. (Jan 2009)


• NEW DOCUMENT REQUIREMENTS FOR TRAVELERS BEGINNING JUNE 2009
  The Department of Homeland Security’s U.S. Customs and Border Protection reminds U.S. and Canadian citizens that travelers will see a change in travel document requirements at the land border on June 1, 2009. On that date the Western Hemisphere Travel Initiative will go into effect at land and sea ports of entry, requiring travelers – including U.S. and Canadian citizens – to present an approved travel document to enter the United States. The approved documents include a passport, a passport card; a NEXUS, SENTRI or FAST trusted traveler program card or a state- or province-issued enhanced driver’s license. Travelers under age 16 need to present only a birth certificate or alternative proof of citizenship. Visit GetYouHome.gov for specific information on acceptable documents and how to apply for them. www.GetYouHome.gov (Jan 2009)


• LEGAL PERMANENT RESIDENTS NOW SUBJECT TO US-VISIT PROGRAM RULES
  Effective January 18, 2009, the Department promulgated a final rule that expanded the US-VISIT program to include aliens seeking admission under the Visa Waiver Program and travelers arriving at designated land border ports of entry. This final rule expands the population of aliens who will be subject to US-VISIT requirements to nearly all aliens, including lawful permanent residents. Exceptions include Canadian citizens seeking short-term admission for business or pleasure under B visas and individuals traveling on A and G visas, among others. Now, US-VISIT entrants may be required to submit to having DHS collect all 10 fingerprints upon entry. These prints will be compared to the Federal Bureau of Investigation's (FBI) criminal data and enables DHS to check visitors' fingerprints against latent fingerprints collected by Department of Defense (DOD). US-VISIT will provide biometric identification services to agencies throughout federal, state and local government. (Jan 2009)


• USCIS INCREASES PERIOD OF STAY FOR TRADE-NAFTA PROFESSIONAL WORKERS FROM CANADA AND MEXICO
  U.S. Citizenship and Immigration Services (USCIS) has increased the maximum period of time a Trade-NAFTA (TN) professional worker from Canada or Mexico may remain in the United States before seeking readmission or obtaining an extension of stay. This final rule changes the initial period of admission for TN workers from one to three years, making it equal to the initial period of admission given to H-1B professional workers. Eligible TN nonimmigrant may now be allowed to receive extensions of stay in increments of up to three years instead of the prior maximum period of stay of one year. The TN nonimmigrant classification is visa category available to eligible Mexicans and Canadians with at least a bachelor’s degree or appropriate professional credentials that work in certain qualified fields pursuant to the North American Free Trade Agreement (NAFTA). Qualified professions identified within NAFTA include, but are not limited to, accountants, engineers, attorneys, pharmacists, scientists, and teachers. (10/08)


• SEVEN NEW COUNTRIES ELIGIBLE FOR VISA WAIVER ENTRY
  Seven countries -- the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, and South Korea -- that have met the requirements to be admitted to the United States Visa Waiver Program. Soon the citizens of these nations will be able to travel to the United States for business or tourism without a visa. (10/08)


• U.S. CONSULATE IN CIUDAD JUAREZ, MEXICO MOVES
  The U.S. Consulate in Ciudad Juarez has been in overdrive for the past few months preparing for its move to its larger new consular facility in November. They have been processing about 800 immigrant visa cases and 700-800 nonimmigrant cases per day. Immigrant visa files not scheduled for interview between now and the move date have already transferred to the new facility in preparation for opening so there may be a delay if they need to bring a file back. November 6, 7, 10, and 11, the post will be closed while they move. They will start operations back up gradually from November 12 to 14. Following a Mexican holiday on November 17, they expect to be back up to full steam on November 18. (11/08)