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Immigration Law

Immigration Law Answers Blog

News, Information, Opinions, and Online Resources for People with Immigration Questions.
By Robert Kraft

Post Frequency: 2.9/day

Last Entry: March 07, 2011 at 17:08:57

BIA Decision is a Strong Reminder Not to Claim False U.S. Citizenship

Posted on June 26, 2009
A recent Board of Immigration Appeals (BIA) decision addressed the actions of a foreign national who simply claimed on a passport application that she had been born in Texas. In this decision, the BIA emphasized the fact that the Immigration and Nationality Act (the Act) strictly forbids anyone who is not a United States citizen from claiming, in any way, that he or she is a citizen...

USCIS Reinstates Premium Processing Service for certain Form I-140 Immigrant Petition for Alien Worker

Posted on June 25, 2009
Effective June 29, 2009, the U.S. Citizenship and Immigration Services (USCIS) will resume Premium Processing Service for Form I-140 (Immigrant Petition for Alien Worker) for the following petitioner categories: ... EB-1 Aliens with Extraordinary Ability, ...

H-1B Cap Not Yet Reached

Posted on June 25, 2009
As of June 19, 2009, approximately 44,500 H-1B cap-subject petitions have been received by USCIS and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption have been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits...

Military Service Offers Fast Track to Citizenship

Posted on June 24, 2009
For many naturalized citizens, service in the United States military was the key to earning that citizenship. In fact, approximately 1,000 foreigners have earned their United States citizenship through military service since the Department of Defense initiated the Military Accessions Vital to National Interest (MAVNI) program after the 9/11 attacks...

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USCIS, FBI Eliminate National Name Check Backlog

Posted on June 23, 2009
On June 22, 2009, the U.S. Citizenship and Immigration Services (USCIS) and the Federal Bureau of Investigation (FBI) announced that a partnership between the two agencies has resulted in the elimination of a large backlog in the FBI's National Name Check Program (NNCP)...

Worker ID Cards May Be a Central Component of Immigration Law Reform

Posted on June 22, 2009
The Los Angeles Times reports that Senator Charles Schumer (D-N.Y.) favors requiring every eligible worker in America to obtain a "forgery-proof" worker identification (ID) card to show proof of ability to work. Schumer intends to lead the Senate's effort at comprehensive immigration reform and also called the ID card 'the best way to ensure that all workers are authorized to work' in the U...

What is a U.S. Passport Card?

Posted on June 17, 2009
U.S. Citizens can apply for a passport card that allows re-entry into the U.S. at land border-crossings or sea ports-of–entry from Canada, Mexico, the Caribbean region (which includes 17 nations), and Bermuda. The 17 Caribbean nations are: Anguilla, Antigua and Barbuda, Aruba, Bahamas, Bermuda, British Virgin Islands, Cayman Islands, Dominica, Dominican Republic, Grenada, Jamaica (except for business travel), Montserrat, Netherlands Antilles, St...

USCIS Issues Interim Rule to Remove References to Filing Locations and the Immigration and Naturalization Service

Posted on June 16, 2009
Effective July 6, 2009, U.S. Citizenship and Immigration Services (USCIS) issued an interim rule amending the Department of Homeland Security (DHS) regulations with the intention to: ... end confusion by removing certain obsolete references to the Immigration and Naturalization Service (INS); ...

More Texas County Sheriff's Offices Now Partner With ICE to Identify and Remove Criminal Aliens

Posted on June 15, 2009
Sheriff's offices in the South Texas counties of Hidalgo, Starr, Brooks, Jim Wells, and Kenedy have begun accessing U.S. Immigration and Customs Enforcement (ICE) fingerprint databases to determine if arrested individuals are immigration offenders who may face removal...

More Texas County Sheriff's Offices Partner With ICE to Identify and Remove Criminal Aliens

DHS Establishes Interim Relief for Widows of U.S. Citizens

Posted on June 14, 2009
On June 9, 2009, U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano granted deferred action for two years to widows and widowers of U.S. citizens (and their unmarried children under 18 years old) who reside in the United States, and who were married for less than two years before their spouse's death...

USCIS Begins Transfer of Historical A-Files to National Archives

Posted on June 10, 2009
A signing ceremony was held on June 3, 2009, to formally announce the schedule that will initiate the permanent retention and transfer of alien registration files ('A-files') from U.S. Citizenship and Immigration Services (USCIS) to the National Archives and Records Administration...

Permanent Resident Card Production Delays

Posted on June 09, 2009
U.S. Citizenship and Immigration Services (USCIS) announced that permanent resident card applicants may experience up to an eight week delay in the delivery of their permanent resident card while USCIS is in the process of upgrading card production equipment...

USCIS Reminds Applicants for Adjustment of Status, Asylum, Legalization, and TPS Beneficiaries to Obtain Advance Parole Before Traveling Abroad

Posted on June 08, 2009
U.S. Citizenship and Immigration Services (USCIS) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have: • been granted Temporary Protected Status (TPS); • a pending application for adjustment of status to lawful permanent resident; • a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203); • a pending asylum application; or • a pending application for legalization...

Rule Requiring Federal Contractors to Use E-Verify System Delayed Until September 8, 2009

Posted on June 08, 2009
Final implementation of the rule requiring federal contractors and subcontractors to begin using U.S. Citizenship and Immigration Services (USCIS) E-Verify system has been delayed until September 8, 2009. Once applicable, the rule will require federal contractors and subcontractors to agree to electronically verify the employment eligibility of their employees...

Immigrants Can Appeal Deportation If Bad Lawyer Work Is To Blame

Posted on June 04, 2009
As reported in the Dallas Morning News, a rule limiting access to lawyers for immigrants facing deportation has been tossed out by the Obama administration. Here are excerpts from the article: The rule was issued in the waning days of the Bush administration, angering immigrants' rights groups that immediately sought to persuade the incoming Democratic administration to discard it...

San Diego County Sheriff's Office First in California to Partner With ICE to Identify and Remove Criminal Aliens

Posted on June 02, 2009
Until now, new inmates booked into the San Diego County Sheriff's Department had their fingerprints checked only for criminal history information. But now, each new inmate booked into one of the three largest jails in the County will now also have his or her fingerprints checked by the U...

DREAM Act May Reawaken as Congress Pushes Toward Comprehensive Immigration Reform

Posted on May 30, 2009
The Development, Relief, and Education for Alien Minors (DREAM) Act was originally introduced in the Senate by Senator Dick Durbin (D-Ill.) in October of 2007, but was defeated on a cloture vote of 52 to 44. However, the Act was re-introduced in the Senate by Senator Durbin on March 26, 2009...

2009-H1N1 Influenza Travel Alert No Longer in Effect

Posted on May 28, 2009
As of May 15, 2009, the U.S. Centers for Disease Control (CDC) lifted its recommendation that all American citizens avoid nonessential travel to Mexico. Because this recommendation was lifted, the U.S. Department of State has announced that the Department's travel alert relating to the 2009-H1N1 influenza outbreak is no longer in effect...

"AgJobs Bill" Proposes Amnesty For Up To 1.35 Million Farm Workers

Posted on May 27, 2009
On Thursday, May 14, 2009, Senator Diane Feinstein introduced a bill, nicknamed the 'AgJobs Bill,' that seeks to grant amnesty for up to 1.35 million farm workers working in the country illegally, primarily in California. Feinstein and other legislators proposed the AgJobs Bill numerous times over the last decade but were met with fierce opposition...

Texas Prison System First in Nation to Partner With ICE to Identify and Remove Criminal Aliens

Posted on May 26, 2009
Until now, new inmates booked into the Texas Department of Criminal Justice (TDCJ) prison system had their fingerprints checked only for criminal history information. But now, each new inmate booked into the Huntsville, Texas, intake site will now also have his or her fingerprints checked by the U...

New Requirements on Border ID Cause Worries at Crossings

Posted on May 25, 2009
Big changes are coming on June 1, 2009, for Americans who return to the United States after trips to Mexico or Canada, or who come back from a cruise. These changes have caused concern about an adverse effect on trade between Canada and the United States...

Senate Bill Requires Sheriffs to Determine "Citizenship Status" of Certain Convicted Felons

Posted on May 24, 2009
On May 18, 2009, the Texas Senate passed a bill requiring Sheriffs or any other officers in charge of a correctional facility, to determine the 'citizenship status' of all convicted felons. The bill, S.B 2584, amends Chapter 2, Code of Criminal Procedure, by adding Article 2...

H-1B Cap Still Not Reached

Posted on May 23, 2009
As of May 18, 2009, U.S. Citizenship and Immigration Services (USCIS) had received 45,500 H-1B petitions counting toward the 65,000 cap. For the fiscal year 2010 H-1B program, USCIS continues to receive petitions subject to the 65,000 cap. Visit the USCIS Web site for updates.

Non-Minister Special Immigrant Religious Worker Program Extended Through 09/29/2009

Posted on May 19, 2009
On March 20, 2009, President Obama signed Public Law 111-9 extending the non-minister special immigrant worker program through September 29, 2009. The program, which had expired on March 6, 2009, includes professional or non-professional capacities within a religious vocation or occupation...

Trying To Stop Passport Fraud

Posted on May 18, 2009
Parade.com has an interesting story about U.S. passports, and the ease with which they can be fraudulently obtained. This is apparently a big problem, and should be addressed as soon as possible by the government. Here are excerpts from the article: Alarmed by a government report revealing how easy it is to obtain a fraudulent passport in the United States, lawmakers are calling for changes to the system...

Naturalized Citizens Are Poised To Reshape Political Landscape

Posted on May 12, 2009
The Los Angeles Times reports that more than 1 million immigrants became U.S. citizens last year, the largest surge in history, hastening the ethnic transformation of certain states' political landscapes with more Latinos and Asians now eligible to vote...

Migrant-Smuggling Bust Leads To 27 Arrests Around Dallas

Posted on May 11, 2009
The Dallas Morning News reported that 27 people were arrested in the Dallas area on charges of migrant-smuggling. The Federal government has accused these people of bringing 500 to 1,000 illegal immigrants a month into the United States. The U.S. Attorney's office said these arrests were the result of a two-year investigation.

Helpful Information for Visa Applicants in Ciudad Juarez, Mexico

Posted on May 06, 2009
The Web site for the U.S. Consulate in Ciudad Juarez reflects that most consular services that were suspended until May 8, 2009, will remain suspended until May 15, 2009. Once the consular services for immigrant and non-immigrant visas begin operating again, we can only imagine the huge backlogs that will exist for visa applicants...

Court Bars Identity-Theft Law as Tool in Immigration Cases

Posted on May 05, 2009
As reported in the New York Times, unauthorized immigrants got a big break from the U. S. Supreme Court this week. The Court ruled unanimously that prosecutors cannot use federal identity-theft laws against illegal immigrants who use Social Security numbers belonging to U...

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