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Recent Postings

Past 2 Weeks Past 4 Weeks

11/20/2009 USCIS Powerpoint Presentation On Transformation (.pdf 180 KB) USCIS provides a powerpoint outlining the USCIS transformation effort and specifically External Data Interface Standards. AILA Doc. No. 09112070.
11/20/2009 BIA Finds Voluntary Departure Regulations Effective 1/20/09 Do Not Apply Retroactively (.pdf 22 KB) BIA found that the voluntary departure regulations at 8 C.F.R. § 1240.26(c)(4), Nt. (2009), which took effect on 1/20/09, and superseded Matter of Diaz-Ruacho, 24 I&N Dec. 47 (BIA 2006), do not apply retroactively. Matter of Velasco, 25 I&N Dec. 143 (BIA 2009). AILA Doc. No. 09112069.
11/20/2009 DHS Privacy Office FOIA Request Log 2009 (.pdf 2726 KB) DHS published a DHS Privacy Office FOIA Request Log for 2009 on the DHS FOIA Electronic Reading Room. The log lists FOIA requests from 10/01/08 through 9/30/09. Some information for requests pertaining to individuals is redacted. AILA Doc. No. 09112068.
11/20/2009 AILA/VSC Liaison Committee Seeks Questions for the VSC
The AILA/VSC Liaison Committee requests agenda items to be presented to the Vermont Service Center. AILA Doc. No. 09112067.
11/20/2009 USCIS Updates Website to Include All CBO Stakeholder Meetings
USCIS recently updated its website to include each Community Based Organization Stakeholder Meeting in 2008 and 2009. Prior to this update, USCIS had not provided seven Stakeholder Q&As and one updated Stakeholder Q&A. AILA Doc. No. 09112066.
11/20/2009 DHS OIG Report on Monitoring American Recovery & Reinvestment Act Funds (.pdf 894 KB) Under the American Recovery and Reinvestment Act of 2009, DHS received $2.75 billion for various projects to stimulate the U.S. economy. This DHS OIG report discusses the processes used by DHS to assess the accuracy of reports submitted-to it by recipients of Recovery Act funds administered by the department, including CBP and ICE. AILA Doc. No. 09112065.
11/20/2009 Comment Request under Review for Forms DS-2053, DS-2054; Medical Examination for Immigrant or Refugee Applicant
On 11/20/09, DOS issued a notice of information collection request under emergency review for Forms DS-2053, DS-2054; Medical Examination for Immigrant or Refugee Applicant; DS-3030, Chest X-Ray and Classification Worksheet; OMB Control Number 1405-0113. Comments for the regular review will be accepted until 1/19/09. (74 FR 60305, 11/20/09). AILA Doc. 09112064.
11/20/2009 Comment Request for Form I-775
On 11/20/09, CBP issued a comment request for Form I-775, Visa Waiver Program Carrier Agreement. Written comments will be accepted until 1/19/10. (74 FR 60281, 11/20/09). AILA Doc. No. 09112063.
11/20/2009 Comment Request Period Extended for Form N-400
On 11/20/09, USCIS issued an extension of an existing Information Collection; Comment Request, for the Form N-400, Application for Naturalization. The comment period will be extended until 12/21/09. (74 FR 60282, 11/20/09). AILA Doc. No. 09112062.
11/20/2009 Expedited Natz and Other Benefits for Military Personnel Audio Seminar Recording
This AILA Seminar recording is available for purchase; choose from immediate download or CD. This seminar addressed naturalization benefits for military personnel, and how to advise clients of the immigration benefits of enlisting for themselves, their spouses, and family members. AILA Doc. No. 09081279.
11/20/2009 AILA’s Immigration This Week: November 19, 2009
AILA’s Immigration This Week for November 19, 2009. AILA Doc. No. 09112061.
11/20/2009 Types of USCIS Site Visits
USCIS' Fraud Detection and National Security Chief of Staff explains the three types of USCIS site visits to which applicants and petitioners could become subject. AILA Doc. No. 09112060.
11/19/2009 ICE Form I-9 Inspection Overview and Civil Fine Guidance (.pdf 2805 KB) On November 19, 2009, ICE released guidance on Form I-9 inspections and civil fines. The guidance outlines the process of an I-9 inspection and provides five factors that ICE considers during the course of the inspection and when determining a recommended fine. AILA Doc. No. 09111920.
11/19/2009 DHS Announces Rule Proposing Permanent Global Entry Program (.pdf 33 KB) On 11/19/09, DHS Secretary Janet Napolitano, announced the publication of new proposed rule that would establish Global Entry, a CBP voluntary initiative that streamlines the international arrivals and admission process at airports for trusted travelers through biometric identification, as a permanent program. AILA Doc. No. 09111970.
11/19/2009 GAO Report on DHS US-VISIT (.pdf 1022 KB) GAO released a report titled “Homeland Security: Key US-VISIT Components at Varying Stages of Completion, but Integrated and Reliable Schedule Needed.” GAO is recommending that the DHS Secretary ensure that an integrated master schedule for the department’s Comprehensive Exit project be developed. DHS concurred with GAO’s recommendation. AILA Doc. No. 09111968.
11/19/2009 H-1B Compliance Review Report Site Visit Instructions (Updated 11/19/09)
USCIS H-1B Compliance Review Report instructions used by FDNS contractors conducting H-1B Administrative Site Visit compliance audits. AILA Doc. No. 09101461.
11/19/2009 ICE Announces 1,000 New Workplace Audits (.pdf 79 KB) On 11/19/09, ICE Assistant Secretary John Morton announced the issuance of Notices of Inspection (NOIs) to 1,000 employers associated with critical infrastructure, alerting business owners that ICE will audit their hiring records to determine compliance with employment eligibility verification laws. AILA Doc. No. 09111966.
11/19/2009 USCIS Standardizes Process for Accommodating Customers with Disabilities (.pdf 36 KB) On 11/19/09, USCIS announced that it established a 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 at 1-800-375-5283 (TDD: 1-800-767-1833). AILA Doc. No. 09111965.
11/19/2009 Stakeholder/USCIS Q & As (8/25/09) (.pdf 53 KB) The Q&As address I-730s, I-485s, TPS, reliance on Visa Bulletin, National Customer Service (NCSC), Stakeholder calls, CSC/AILA Fax, NBC follow up e-mail, and more. AILA Doc. No. 09111964.
11/19/2009 USCIS Q &A on Successor-in-Interest Petitions, TB Testing, I-140 Filing Tips, and Fingerprint Issues (.pdf 36 KB) On 10/14/09, USCIS issued a list of question and answers on issues including the consolidated processing of successor-in-interest petitions, tuberculosis testing requirements, I-140 filing tips, and fingerprint issues. AILA Doc. No. 09111962.
11/19/2009 AILA/VSC Practice Pointer: Strategic Use of the Part Time H-1B
The VSC Liaison Committee offers a practice pointer on using the H-1B petition for part time employment and explains when it would be beneficial for the employer to utilize it. AILA Doc. No. 09111960.
11/19/2009 DHS NPR on Establishment of Global Entry Program
On 11/19/09, DHS CBP issued a notice of proposed rulemaking on establishment of the Global Entry Program as a permanent voluntary regulatory program. The program would allow CBP to expedite clearance of pre-approved, low-risk air travelers into the United States. (74 FR 59932, 11/19/09). AILA Doc. No. 09111860.
11/19/2009 DHS Launches Campaign to Recognize Employers Using E-Verify (.pdf 33 KB) On 11/19/09, DHS Secretary Janet Napolitano, ICE Assistant Secretary John Morton, USCIS Director Alejandro Mayorkas announced the new "I E-Verify" campaign to recognize the approximately 170,000 businesses that use E-Verify, DHS’ online system to verify employment eligibility of new hires. AILA Doc. No. 09111961.
11/18/2009 The Pulse: AILA’s Capitol Beat – November 17, 2009
The 196th issue of the AILA Advocacy Department’s proactive advocacy briefing. In this issue, read about what’s happening on the Hill, and read a new report about the economic contribution of international students to the U.S. economy. Also, take action by telling your Members of Congress that you want CIR NOW! AILA Doc. No. 09111869.
11/18/2009 USCIS Updates FY 2010 H-1B and H-2B Count (Updated 11/18/09)
USCIS updated its count of FY 2010 cap-subject H-1B petitions and advanced degree cap-exempt petitions, as well as FY 2010 H-2B petitions received as of 11/13/09. AILA Doc. No. 09042065.
11/18/2009 DHS PIA on Travel and Employment Authorization Listings (TEAL) System (.pdf 3122 KB) DHS released a Privacy Impact Assessment on the Travel and Employment Authorization Listings (TEAL) system. USCIS VSC owns and operates TEAL, which consolidates immigration information about applicants from selected USCIS and DHS systems to provide more accessibility to immigration information necessary to determine benefit eligibility. AILA Doc. No. 09111868.
11/18/2009 ICE Updates List of SEVP Approved Schools (Updated 11/18/09)
On 11/17/09 ICE updated its list of Student and Exchange Visitor Program approved schools. AILA Doc. No. 08100963.
11/18/2009 San Diego CBP Reminds Travelers to Obtain I-94 Permit Early During Holiday Season (.pdf 219 KB) On 11/17/09, CBP San Diego announced anticipation of an increase in applications by Mexican travelers for the required I-94 permit during the upcoming holiday season. Mexican border crossing card (or “laser visa”) holders who plan to make an extended visit to the U.S. during the holiday season are urged to obtain the I-94 permit early. AILA Doc. No. 09111867.
11/18/2009 ICE SEVP Policy Guidance for DSOs on Student Military Enlistment under the MAVNI Program (.pdf 91 KB) On 11/17/09, ICE Student and Exchange Visitor Program issued updated policy guidance to designated school officials (DSOs) on F and M student enlistment in the U.S. military under the Military Accessions Vital to the National Interest Program (MAVNI). This policy guidance is intended to assist DSOs in applying regulatory requirements. AILA Doc. No. 09111866.
11/18/2009 ICE Announces Secure Communities Initiative Launch in Counties in AZ, MI, and GA (.pdf 590 KB) On 11/17/09, ICE announced the expansion of the Secure Communities initiative into counties in Arizona, Georgia, and Michigan. The Secure Communities biometric identification technology is accessible in over 100 jurisdictions in 13 states, with nationwide coverage expected by the end of 2013. AILA Doc. No. 09111865.
11/18/2009 AIC and AILA Argue K-2 Visa Holders Do Not "Age Out" (.pdf 2681 KB) The Legal Action Center's amicus brief for the Immigration Council and AILA, filed in In Re Qiyu Zhang, No. A96-796-201, argues that K-2 visa holders, the offspring of fiancé(e)s of U.S. citizens, may adjust even after turning 21 years of age. If you have a case with this issue, please contact the American Immigration Council's Legal Action Center. AILA Doc. No. 09111862.
11/18/2009 BIA Finds Release on Bond Requires Respondent to Establish He Would Not Pose Danger to Property or Persons (.pdf 205 KB) Where an IJ characterized an alien seeking release from custody as a “potential” danger to the community but ordered him released upon posting of bond, BIA remanded the record for the IJ to clarify whether the alien met his burden of proving his release on bond would not pose a danger to property or persons. Matter of Urena, 25 I&N 140 (BIA 2009). AILA Doc. No. 09111863.
11/18/2009 AILA Blog: Stephanie Rose Should Explain Her Role in the Postville Prosecutions
AILA President-Elect David Leopold asks U.S. Attorney for the Northern District of Iowa nominee Stephanie Rose to answer questions about her role in the criminal prosecution of nearly 400 undocumented Guatemalan farmers in Postville, Iowa in May 2008.
11/18/2009 DHS News Release on Record Foreign Student Attendance (.pdf 96 KB) On 11/18/09, DHS issued a news release on record foreign student attendance reported in the Institute of International Education 2009 Open Doors Report. At more than 670,000 foreign students choosing the U.S., the latest surge marks a growth rate not seen since 1980 and continues a pattern of growth over the past three years. AILA Doc. No. 09111864.
11/18/2009 Dec. 4: Late-Breaking Seminar: Batting Clean-Up on H-1B Compliance (Audio Seminar)
This seminar will review the steps to proactively prepare for a DOL audit and/or USCIS site visit for new employer clients who have previously filed H-1B petitions that fall short of compliance with DOL and USCIS regulations. Registration is open until 11:59pm, Thursday, December 3. AILA Doc. No. 09111861.
11/18/2009 TCN Processing in Canada and Mexico Audio Seminar Recording
This AILA Seminar recording is available for purchase; choose from immediate download or CD. Practitioners with extensive border experience addressed current issues in third country national (TCN) processing. AILA Doc. No. 09081278.
11/17/2009 Early-bird Rate Extended Through Onsite Registration at the New York Chapter CLE Conference
The 12th Annual AILA New York Chapter Immigration Law Symposium will be held Tuesday, December 1, 2009. The early-bird registration rate is extended through the conference. Register online by November 20 or register on-site at the conference. AILA Doc. No. 09111770.
11/17/2009 California Service Center Processing Time Report (11/16/09) (.pdf 56 KB) CSC Processing Time Report released 11/16/09 with processing dates as of 9/30/09. AILA Doc. No. 09111764.
11/17/2009 National Benefits Center Processing Time Report (11/16/09) (.pdf 54 KB) NBC Processing Time Report released 11/16/09 with processing dates as of 9/30/09. AILA Doc. No. 09111768.
11/17/2009 Atlanta Chapter – USCIS Asylum Office Liaison Minutes (11/13/09) (.pdf 35 KB) Atlanta Chapter meeting with Asylum Office on 10/28/09; EAD issues discussed; failure to issue NACARA approval notice, NTA erroneously issued; in addition to information on upcoming meetings with the USCIS – Arlington Asylum Office. AILA Doc. No. 09111750.
11/17/2009 Texas Service Center Processing Time Report (11/16/09) (.pdf 54 KB) TSC Processing Time Report released 11/16/09 with processing dates as of 9/30/09. AILA Doc. No. 09111767.
11/17/2009 Vermont Service Center Processing Time Report (11/16/09) (.pdf 55 KB) VSC Processing Time Report released 11/16/09 with processing dates as of 9/30/09. AILA Doc. No. 09111766.
11/17/2009 Nebraska Service Center Processing Time Report (11/16/09) (.pdf 53 KB) NSC Processing Time Report released 11/16/09 with processing dates as of 9/30/09. AILA Doc. No. 09111765.
11/17/2009 ICE Releases 2006 Annual Detention Center Reviews
ICE released redacted annual detention center reviews completed during 2006 on the ICE FOIA Reading Room. The reviews used the G-324A, Detention Facility Review Form, and the G-324A Worksheet. AILA Doc. No. 09111762.
11/17/2009 ICE Releases 2009 Detention Center Compliance Standards Reviews
ICE released redacted Detention Standard Reviews completed during 2009 on the ICE FOIA Reading Room. The scheduled reviews are used to determine general compliance with established ICE National Detention Standards for facilities used for over 72 hours. AILA Doc. No. 09111761.
11/17/2009 DOL Interim Final Rule on Extension of the H-2A Transition Period Procedures
On 11/16/09, DOL issued an Interim Final Rule on the transition period application filing procedures implemented under the December 2008 H-2A Final Rule. The application filing procedures under the extended transition period apply to all employers with dates of need before 06/1/10. Written comments are due on 12/17/09. (74 FR 59069, 11/17/09). AILA Doc. No. 09111365.
11/17/2009 AILA Publications Thanks YOU With Free Shipping Thru November 22
From now through the end of the year, AILA Publications will be offering weekly discounts to thank you for your support throughout a challenging year. Through midnight, Nov. 22, receive free shipping on new publications orders. You must mention/enter FR1109. Offer does not apply to previous/existing orders; cannot be combined with other offers. AILA Doc. No. 09111760.
11/16/2009 ICE Memorandum on Discretion in Custody Determinations for Cases of Extreme or Severe Medical Concern (.pdf 273 KB) ICE released a memorandum dated 12/11/06 on prosecutorial discretion when making custody determinations for aliens (adults and/or juveniles) who have severe medical conditions transferring from hospitals and social services or law enforcement agencies. AILA Doc. No. 09111678.
11/16/2009 ICE Parole Statistics for November 2008 – April 2009 (.pdf 339 KB) ICE released parole statistics from November 2008 until April 2009 for arriving aliens found to have a credible fear. The statistics list grant categories, discrepancies, and denial categories. During this period, 89 cases were approved in the “public interest” grant category. AILA Doc. No. 09111677.
11/16/2009 ICE Parole Statistics for May 2008 – October 2008 (.pdf 348 KB) ICE released parole statistics from May 2008 until October 2008 for arriving aliens found to have a credible fear. The statistics list grant categories, discrepancies, and denial categories. During this period, 63 cases were denied in the denial category listed as “other.” AILA Doc. No. 09111676.
11/16/2009 ICE Parole Statistics for November 2007 – April 2008 (.pdf 361 KB) ICE released parole statistics from November 2007 until April 2008 for arriving aliens found to have a credible fear. The statistics include denial categories, which were not tracked until February 2008. AILA Doc. No. 09111675.
11/16/2009 Death Number 105: Pedro Juan Tavarez
AILA President-Elect David calls on ICE Assistant Secretary John Morton to ensure that ICE detention is not a death sentence for an immigrant who is unfortunate enough to take seriously ill while in custody.
11/16/2009 Mar. 23: Understanding 245(i) Adjustment (Web Seminar)
Web Seminar
11/16/2009 Mar. 18: Navigating Dual Intent on the Road to Permanent Residence (Web Seminar)
Web Seminar
11/16/2009 Mar. 11: An In-Depth Look at the H-1B (Web Seminar)
Web Seminar
11/16/2009 Feb. 25: Opportunities and Obstacles in U Visas (Web Seminar)
Web Seminar
11/16/2009 Feb. 18: Export Controls for Immigration Lawyers (Web Seminar)
Web Seminar
11/16/2009 Feb. 4: Ability to Pay Beyond the Yates Memorandum (Web Seminar)
Web Seminar
11/16/2009 Jan. 21: Permanent Residency and Citizenship for Children Born out of Wedlock or Legitimated (Web Seminar)
Web Seminar
11/16/2009 Jan. 7: Pitfalls in Degree Equivalency (Web Seminar)
Web Seminar
11/16/2009 Mar. 9: Administrative and Federal Court Appeals for Business Immigration Lawyers (Audio Seminar)
Audio Seminar
11/16/2009 Mar. 4: Q Visas for International Cultural Exchange (Audio Seminar)
Audio Seminar
11/16/2009 Feb. 23: E Visas: Strategies for Treaty Traders/Treaty Investors in a Down Economy (Audio Seminar)
Audio Seminar
11/16/2009 Feb. 9: What to Do When Your Spousal/Fiancé(e) Case is Denied at the Consulate (Audio Seminar)
Audio Seminar
11/16/2009 Jan. 26: Top 10 Government Errors (and Maybe a Few More) and How to Correct Them (Audio Seminar)
Audio Seminar
11/16/2009 Jan. 14: B Nonimmigrant Visas (Audio Seminar)
Audio Seminar
11/16/2009 Jan. 12: I-751 New Developments (Audio Seminar)
Audio Seminar
11/13/2009 DOL Announces Expiration of the H-1C Nursing Relief for Disadvantaged Areas Reauthorization Act of 2005 (.pdf 67 KB) DOL announced that effective 12/21/09, the Nursing Relief for Disadvantaged Areas Reauthorization Act, which established the H-1C Program, will sunset. Absent further legislative action, Congress has not reinstated the H-1C Program and will no longer accept H-1C Attestations on Form ETA 9081 for foreign nurse positions effective 12/21/09. AILA Doc. No. 09111366.
11/13/2009 Immigration Council Submits Recommendations for Protecting the Right to Effective Assistance of Counsel
The American Immigration Council and AILA sent a letter to the Executive Office for Immigration Review recommending steps the immigration courts and the Board of Immigration Appeals can take to protect the right to effective assistance of counsel and help ensure that noncitizens in removal proceedings are afforded a fair hearing. AILA Doc. No. 09111364.
11/13/2009 Remarks by DHS Secretary Napolitano on Immigration Reform at the Center for American Progress (.pdf 78 KB) On 11/13/09, DHS Secretary Janet Napolitano spoke at the Center for American Progress about the broad need for immigration reform. She remarked that to secure the nation by enforcing the law and managing legal flows across the border as effectively as possible, DHS needs immigration reform. AILA Doc. No. 09111362.
11/13/2009 Newly Launched Michael Maggio Immigrants' Rights Summer Fellowship
Attention Law Students!! A brand new summer fellowship program has just launched! The Michael Maggio Immigrants' Rights Summer Fellowship will be awarded to one law student each summer to work on a student-initiated project. The total award for the 10 week fellowship will be $4000, and the first Fellow will be selected in 2009 for a summer 2010 project. The deadline is December 4, 2009.
11/13/2009 DHS Announcement on First Year of Secure Communities Initiative and Expansion (.pdf 81 KB) On 11/12/09, DHS Secretary Janet Napolitano and ICE Assistant Secretary John Morton announced that ICE's Secure Communities initiative will have a presence in every state by 2011 and be available to every US law enforcement agency by 2013. DHS announced that the program identified over 111,000 criminal aliens in local custody in its first year. AILA Doc. No. 09111361.
11/13/2009 AILA Welcomes Sen. Menendez’s (D-NJ) Introduction of the Military Families Act
AILA welcomed the introduction by Senators Menendez, Landrieu, Inouye, Durbin, Gillibrand, and Feingold of the Military Families Act (S.2757). The bill would grant LPR status to immediate family members of active immigrant members of the military and veterans even when the sponsoring solider has lost his or her life in service. AILA Doc. No. 09111210.
11/13/2009 CDC Issues Final Notice on Criteria for Vaccination Requirements for US Immigration Purposes, Ends HPV Vaccine Requirement
Effective 12/14/09, CDC will require vaccinations explicitly listed in INA § 212(a)(1)(A)(ii) and for other ACIP-recommended vaccinations for the public, CDC will begin requiring only those where public health need exists at time of immigration/status change based on criteria. The HPV vaccine will no longer be required. (74 FR 58634, 11/13/09). AILA Doc. No. 09111360.
11/12/2009 Denial and Delay: The Impact of the Immigration Law's "Terrorism Bars" on Asylum Seekers and Refugees in the United States
On 11/12/09, Human Rights First issued a report titled, Denial and Delay: The Impact of the Immigration Law's "Terrorism Bars" on Asylum Seekers and Refugees in the United States. The report examines how changes to immigration law within the 2001 USA PATRIOT Act and the 2005 REAL ID Act are hurting thousands of refugees and offers recommendations. AILA Doc. No. 09111231.
11/12/2009 BIA on Determining Good Cause for a Continuance for Adjustment of Status Application Based on Pending Labor Certification (.pdf 71 KB) In determining if good cause for a continuance exists to await adjudication of a pending employment-based visa petition or labor certification, an IJ should determine alien’s place in the adjustment process and consider applicable factors identified in Matter of Hashmi, and other relevant considerations. Matter of Rajah, 24 I&N Dec. 127 (BIA 2009). AILA Doc. No. 09111230.
11/12/2009 AILA’s Immigration This Week: November 11, 2009
AILA’s Immigration This Week for November 11, 2009. AILA Doc. No. 09111229.
11/12/2009 Watch Out For Lou Dobbs' Next Move
AILA First Vice President, Eleanor Pelta blogs on CNN’s recent announcement that Lou Dobbs was stepping down from his position as an anchor. She provides a behind-the-scenes look at AILA’s role as one of the first organizations in the immigrant rights community to stand up to Dobbs. AILA Doc. No. 09111228.
11/12/2009 USCIS Extends Grace Period for Accepting Prior Version of G-28 (.pdf 44 KB) On 11/9/09, USCIS announced that the previous version of the Form G-28 will be accepted until further notice. USCIS encourages attorneys and accredited representatives to use the new Form G-28, however, USCIS will not reject filings of the previous Form G-28 version until further notice. AILA Doc. No. 09111227.
11/12/2009 AILA Practice Advisory on the End of the HIV Ban (.pdf 82 KB) In light of HHS’ recent rule, which eliminated HIV from the list of communicable diseases rendering one inadmissible, on behalf of AILA’s LGBT Working Group, Victoria Neilson and Noemi Masliah provide a practice advisory covering issues surrounding the recent end of the HIV Ban. AILA Doc. No. 09111226.
11/12/2009 A Special Veterans Day Blog By AILA Member Margaret Stock
LTC Margaret Stock, a member of AILA, on honoring the service of military veterans. While honoring all veterans, the AILA leadership in particular acknowledges the contributions of those immigrants who have served in our nation’s Armed Forces. AILA Doc. No. 09111225.
11/12/2009 The Pulse: AILA’s Capitol Beat – November 10, 2009
The 195th issue of the AILA Advocacy Department’s proactive advocacy briefing. In this issue, read about what’s happening on the Hill this Veteran’s day and about a new set of statistics factsheets from the Migration Policy Institute. Also, take action by telling your Members of Congress that you want CIR NOW! AILA Doc. No. 09111224.
11/12/2009 CBP Launches Pilot Program to Automate Arrival Form (.pdf 54 KB) CBP announced on 11/12/09 the launch of a pilot program to automate the arrival/departure form (CBP Form I-94W) for Visa Waiver Program travelers from Auckland, New Zealand to Los Angeles International Airport. AILA Doc. No. 09111223.
11/12/2009 Comment Request Period Extended for Form I-134
On 11/12/09, USCIS issued an extension of an existing Information Collection; Comment Request, for the Form I-134, Affidavit of Support. The comment period will be extended until 1/11/10. (74 FR 58302, 11/12/09). AILA Doc. No. 09111222.
11/12/2009 Visa Bulletin for December 2009 (.pdf 69 KB) DOS released the Visa Bulletin for December 2009. Section D indicates that legislative action which occurred during October 2009 has extended the Employment Fourth preference Certain Religious Workers, and Employment Fifth preference Investor Pilot program categories through 09/20/12. AILA Doc. No. 09111221.
11/12/2009 AILA's DOL Liaison Reports on CalJobs Outage (Updated 11/12/09)
CalJobs is currently operable, but it has posted a notice on its website that it will be down again Sunday 11/15/2009 from 4:00am to 5:00pm. AILA Doc. No. 09110463.
11/12/2009 Impact of Mergers and Acquisitions Audio Seminar Recording
This AILA Seminar recording is available for purchase; choose from immediate download or CD. The discussion addressed the impact of mergers and acquisitions on employment-based NIV and IV cases. AILA Doc. No. 09081277.
11/12/2009 USCIS to Temporarily Accept H-1B Filing Absent Certified LCA
On November 5, 2009, USCIS announced that it will temporarily accept H-1B petitions filed without Labor Conditions Applications that have been certified by the Department of Labor. AILA Doc. No. 09111220.
11/10/2009 Attorneys’ Perspectives on the Rights of Detained Immigrants in Minnesota (.pdf 447 KB) This study on Attorneys’ Perspectives on the Rights of Detained Immigrants in Minnesota sampled attorneys who represent detained immigrants and public defenders who are appointed to represent detained immigrants for criminal violations. The study collected reports of violations of clients’ rights and includes results on barriers to representation and medical care. AILA Doc. No. 09111064.
11/10/2009 DOL Quarterly Performance Report for 4/09 Through 6/09 (.pdf 232 KB) DOL ETA's Office of Foreign Labor Certification released quarterly performance data from 4/09 through 06/09. PERM processing rose to completion of 17% of cases within 6 months of filing. The PERM system for enhanced web-based submission of forms using a new Foreign Labor portal system should be launched July 1, 2010. AILA Doc. No. 09111063.
11/10/2009 Out with the Old, In With the New: What Reforming Immigration Could Do for America
The Immigration Policy Center of the American Immigration Council presents a new video: "Out With the Old, In With the New: What Reforming Immigration Could Do for America." The video highlights reasons for and benefits of reforming immigration policy. For more information on IPC visit www.immigrationpolicycenter.org. AILA Doc. No. 09111061.
11/10/2009 Michael C. McGoings Selected for Position of Deputy Chief Immigration Judge, EOIR
The Executive Office for Immigration Review has informed AILA that Immigration Judge Michael C. McGoings has been selected for the position of Deputy Chief Immigration Judge. AILA Doc. No. 09111062.
11/10/2009 Protecting Stateless Persons: the Role of the U.S. Government (.pdf 126 KB) On 10/30/09, DOS Assistant Secretary Eric P. Schwartz of the Bureau of Population, Refugees, and Migration outlined the US government’s four broad foreign policy objectives regarding statelessness in his remarks on “Protecting Stateless Persons: the Role of the U.S. Government” at the Conference on Statelessness sponsored by Refugee Council USA. AILA Doc. No. 09111060.
11/9/2009 New Indian Immigration Regime for Foreign Nationals in India (.pdf 24 KB) Poorvi Chothani, Esq., of LawQuest, a law firm in Mumbai, India, outlines recent changes to the Indian immigration regime for foreign nationals. On 08/20/09, India’s Ministry of Commerce and Industry announced that business visas cannot be granted to foreign nationals to work on projects or specific contracts in India. AILA Doc. No. 09110970.
11/9/2009 American Immigration Council and AILA Argue K-2 Visa Holders Do Not "Age Out" (.pdf 2580 KB) The Legal Action Center's amicus brief for the Immigration Council and AILA, filed in In Re Ting Ting Chi, No. A96-533-521, argues that K-2 visa holders, the offspring of fiancé(e)s of U.S. citizens, may adjust even after turning 21 years of age. If you have a with this issue, please contact the American Immigration Council's Legal Action Center. AILA Doc. No. 09110968.
11/9/2009 BIA on INA § 212(h) Waiver Eligibility for Alien Found Inadmissible Based on Drug Paraphernalia Offense (.pdf 33 KB) BIA found that an alien who is inadmissible under INA § 212(a)(2)(A)(i)(II) based on a drug paraphernalia offense may qualify for a waiver of inadmissibility under INA § 212(h) if that offense “relates to a single offense of simple possession of 30 grams or less of marijuana.” Matter of Martinez Espinoza, 25 I&N Dec. 118 (BIA 2009). AILA Doc. No. 09110967.
11/9/2009 AILA/EOIR Liaison Q & As (10/28/09) (.pdf 91 KB) On October 28, 2009, EOIR provided answers to AILA’s EOIR Liaison Committee. The Q and As address: access to counsel, asylum officer assessment introduced into record, fraud/misrepresentation waivers, hearing information over 1-800 number, renewal of I-485 in proceedings, bond hearings, I-130 appeal delays, and more. AILA Doc. No. 09110966.
11/9/2009 AILA Files Amicus Brief With BALCA on Harmless Error (.pdf 722 KB) On November 6, 2009, AILA filed an Amicus Brief in an en banc review of a recent BALCA decision. The brief urges BALCA to create a harmless error rule in PERM applications. In the Matter of Hawai’i Pacific University. AILA Doc. No. 09110965.
11/9/2009 DHS Notice of Proposal to Establish 013 Alien Medical Records System of Records
DHS issued a notice of a proposal to establish a new “013 Alien Medical Records System of Records.” This system maintains records that document the medical screening, examination, and treatment of aliens arrested and detained by ICE. (74 FR 57688, 11/9/09) AILA Doc. No. 09110663.
11/9/2009 USCIS Launches Informational Video on the SAVE Program (.pdf 28 KB) On 11/6/09, USCIS posted an informational video on its website that provides an overview of the agency’s Systematic Alien Verification for Entitlements (SAVE) program. The new video describes the immigration status verification process and explains how federal, state, and local benefit-granting agencies can apply to participate in the program. AILA Doc. No. 09110964.
11/9/2009 Free November Podcast for Members: Weighing in on Effective Counsel for Immigrants
This fall, the Supreme Court is hearing arguments in two cases that will significantly affect immigrants. Listen in as speakers Beth Werlin, Manual D. Vargas, and Lee Gelernt discuss the potential impact of Padilla v. Kentucky and Kucana v. Holder, as well as other upcoming Supreme Court cases. AILA Doc. No. 09110961.
11/9/2009 Questions Sought for NSC Teleconference on Refugee/Asylee Product Line
The Nebraska Service Center Liaison Committee requests questions for the November 19, 2009, teleconference on the Refugee/Asylee Product Line. AILA Doc. No. 09110960.
11/6/2009 CIS Ombudsman Offers Pathway to Resolve Pending Derivative I-485s Due to File Separation (Updated 11/6/09) (.pdf 30 KB) The CIS Ombudsman's Office offers an option for attempting to resolve the issue of a pending Adjustment of Status (I-485) Application for a derivative beneficiary where the file has apparently been separated from an approved principal beneficiary's casefile. AILA Doc. No. 09101462.
11/6/2009 ARB Finds ALJ Abused Discretion for Dismissal Based on RSOL Failure to Attend Hearing (.pdf 84 KB) ARB found ALJ abused his discretion in dismissing claim based on RSOL’s failure to attend hearing. ARB distinguished cases where a party is held responsible for counsel deficiencies because here the RSOL was the prosecuting party. Administrator, Wage and Hour Div., Employment Standards Adm., USDOL v. Siliconlinks, Inc. (ARB No. 09-131, 10/28/09). AILA Doc. No. 09110672.
11/6/2009 AILA/SCOPS Liaison Q&As (11/04/09) (.pdf 44 KB) AILA’s Service Center Operations (SCOPS) Liaison Committee call with SCOPS on 11/04/09 covered the following issues: update on H-1B Count, return of TARP funds, and acceptance of concurrently filed I-360/I-485 packages after the reauthorization of the Religious Worker Program. AILA Doc. No. 09110671.
11/6/2009 Practice Pointer: Comprehensive New Policy on DNA Testing
The Rome District Chapter informs members of the Department of State's new comprehensive policy on DNA testing, which states that DNA technology is the only acceptable non-documentary method for proving a biological relationship. AILA Doc. No. 09110668.
11/6/2009 ICE Secure Communities MOA with the State Identification Bureau Template (.pdf 47 KB) 11/5/09, ICE released the template of the Secure Communities Memorandum of Agreement with the State Identification Bureau on the ICE FOIA Electronic Reading Room. The MOA on SC implementation sets forth the responsibilities of ICE and the participating SIB related to biometric interoperability. AILA Doc. No. 09110670.
11/6/2009 2009 ICE Secure Communities Standard Operating Procedures (.pdf 103 KB) On 11/5/09, ICE released the 2009 ICE Secure Communities Standard Operating Procedures on the FOIA Electronic Reading Room. This document details processes that enable the routing of response messages to the FBI and State Identification Bureaus to confirm identity and immigration status during incarceration booking. AILA Doc. No. 09110669.
11/6/2009 USCIS Memo on Additions to AFM on the Adjudication of Form I-751 (.pdf 6538 KB) On 10/09/09, USCIS issued a memorandum providing guidance to USCIS Immigration Field Officers on the adjudication of Form I-751, Petition to Remove Conditions on Residence where the CPR has a final order of removal, is in removal proceedings, or has filed an unexcused untimely petition or multiple petitions. AILA Doc. No. 09110667.
11/6/2009 ICE Fact Sheet on Alternatives to Detention for ICE Detainees (.pdf 40 KB) On 10/23/09, ICE released a fact sheet on alternatives to detention for ICE detainees. The fact sheet includes information regarding the Intensive Supervision Appearance Program, or ISAP, Enhanced Supervision/Reporting (ESR), and Electronic Monitoring (EM). AILA Doc. No. 09110666.
11/6/2009 Adjustment of Status vs Consular Processing Web Seminar Recording
This AILA Seminar recording is available for purchase; choose from immediate download or CD. The discussion addressed the nuances involved in the process of obtaining lawful permanent resident status, either through consular processing or adjustment of status in the United States. AILA Doc. No. 09081268.
11/6/2009 ARB Affirms that Wage and Hour Determination is Prerequisite for ALJ Hearing (.pdf 104 KB) ARB affirmed finding that an investigation and determination by the Wage and Hour Division is a prerequisite for an ALJ hearing. The ARB upheld the finding that the authority to decide to investigate is discretionary and complainant could not appeal a decision not investigate H1-B allegations. Jain v. Empower IT, Inc. (ARB No. 08-077, 10/30/09). AILA Doc. No. 09110665.
11/6/2009 AILA Liaison/USCIS Meeting Questions and Answers (10/27/09) (.pdf 231 KB) In the 10/27/09 meeting between AILA Liaison and USCIS HQ, responses are provided to questions regarding inappropriate RFEs, use of unpublished AAO decisions in adjudications, application of Matter of Treasure Craft, right to counsel during audits and site visits, quality control of civil surgeons, AAO jurisdiction and processing, and more. AILA Doc. No. 09110664.
11/6/2009 USCIS Letter to Civil Surgeons on Revisions to Form I-693 and Changes to Medical Exam Requirements (.pdf 57 KB) On 11/1/09, USCIS issued a letter to civil surgeons explaining recent revisions to Form I-693, Report of Medical Examination and Vaccination Record, and changes to the tuberculosis testing requirement for adjustment of status applicants. AILA Doc. No. 09110662.
11/6/2009 USCIS Update and Q&A: Revisions to Form I-693 and Changes to Medical Exam Requirements (.pdf 98 KB) On 11/1/09, USCIS issued an update and Q&A on the recent revisions to Form I-693, Report of Medical Examination and Vaccination Record, and changes to the tuberculosis testing requirement for adjustment of status applicants. AILA Doc. No. 09110661.
11/6/2009 AILA’s Immigration This Week: November 5, 2009
AILA’s Immigration This Week for November 5, 2009. AILA Doc. No. 09110660.

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