BIA Finds Derivative Citizenship Where Paternity Not Legitimated by Marriage

Former INA 321(a)(3) provides that a child born outside the U.S. to alien parents may obtain derivative citizenship upon naturalization of the mother if the child was born out of wedlock and the paternity of the child has not been established by legitimation. In an en banc decision issued June 29, the Board held that, where the respondent was born out of wedlock in Guyana and his natural parents were never married -- the sole means of legitimation under the laws of Guyana -- his paternity has not been established by legitimation and he is not ineligible to obtain derivative citizenship. In re Lawrence Rowe, 23 I&N Dec. 962 (BIA 2006)

USCIS Releases Final Rule on Affidavits of Support on Behalf of Immigrants

On June 21, USCIS published a final rule regarding Affidavits of Support (Form I-864). The final rule responds to public comments to an interim rule published by the former INS on October 20, 1997 and clarifies several issues raised under the interim rule. Most significantly, with certain limited exceptions, the new rule looks to the sponsor's income in the year in which the application for immigrant visa or adjustment of status is filed, rather than the year in which the application is decided. In addition, each sponsor is now required to submit as initial evidence only his/her most recent tax return (rather than tax returns from the three most recent federal tax returns), pay stub(s) covering the most recent six months and an employer letter. The rule also introduces a new EZ Affidavit of Support (Form-864EZ ) for petitioning sponsors relying solely upon their own employment to meet the affidavit of support requirements. In addition, the new rule provides a standardized form for establishing that an intending immigration is exempt from the I-864 requirement (Form I-864W).
Other changes include: eliminating the I-864 requirement in certain cases (such as sponsored immigrants with 40 quarters of covered employment); allowing two joint sponsors per family unit based upon the same petition; expanding the definition of "household size"; and reducing the amount of assets that certain sponsors must show to cover household income shortfalls. The rule is effective July 21, 2006 and will apply to any application for an immigrant visa or adjustment of status decided on or after that date, even if the case was filed before that date.

Senate Passes Comprehensive Immigration Reform Bill, S. 2611!

Senate Passes Comprehensive Immigration Reform Bill, S. 2611!
On Thursday afternoon, the Senate voted 62-36 to pass S. 2611, the "Hagel-Martinez compromise" immigration bill, paving the way for conference negotiations with the House, which enacted the highly damaging "Sensenbrenner Bill", HR 4437, last December. Despite attempts by a handful of Senators to fundamentally alter the bill that was reported out of the Judiciary Committee in March, the basic architecture of comprehensive immigration reform survived intact after nearly four weeks of Senate Floor debate on the measure and votes on more than 40 amendments.
The Senate bill includes a path to permanent legal status for most of the 12 million undocumented immigrants in the country, a new temporary worker program, significant increases in family- and employment-based permanent visas, important reforms to the agricultural worker program, significant reforms to the high-skilled immigration programs, and relief for undocumented high school graduates (DREAM Act). The bill also includes some very harsh enforcement provisions and erosion of due process protections that will need to be addressed and corrected as negotiations move forward.

H-1B Cap Reached for Fiscal Year 2007

USCIS announced on June 1, 2006, that it had received sufficient H-1B petitions to fulfill the fiscal 2007 quota as of May 26, 2006. Any cap-subject petitions received after that date will be returned. Petitions received on that date will be subject to a "random selection process."

H1-B 2006 Cap Reached!

USCIS has issued a notice indicating that there are now sufficient cap-subject H-1Bs in the pipeline to fill the fiscal year 2006 quota--a fiscal year that does not even start until October 1, 2005. Petitions filed after August 10, 2005, will be rejected. Those received on that date will be subject to a "random selection process."

DHS Issues Timeline for What is Needed When by Visa Waiver Visitors

DHS (Department of Homeland Security) has put together a detailed timeline illustrating the important deadlines for passports required by the U.S. for the 27 countries participating in the Visa Waiver program. As of June 26, 2005, all visitors to the U.S. traveling under the Visa Waiver program must have a machine readable passport to enter the country. Starting October 26, 2005, all new passports issued on or after this date must include a digital photo, or the Visa Waiver traveler will be required to get a visa. Finally, beginning October 26, 2006, all new passports issued by Visa Waiver countries must be an e-passport, complete with an integrated computer chip with the capacity to store pertinent biographical information.

Improved Passport Application Form Available Online

The U.S. Department of State’s Bureau of Consular Affairs has introduced a new online passport application form procedure. This new process will promote faster passport processing and reduce data entry errors by eliminating the need to manually enter data from handwritten passport applications.
Under the online form process, applicants for U.S. passports will no longer have to handwrite personal data to fill out a passport application form. Instead, the applicant may electronically enter his or her personal information securely online and then print the finished form. The electronic entry system allows for the generation of a 2D barcode on the printed form. This 2D barcode is read by machine during the adjudication process and reproduces the information electronically entered by the applicant. In order to ensure the privacy of data, the Department of State does not retain the data provided by applicants using this process. Once the application form is printed, the data provided to generate that form is automatically deleted.
The online form may be accessed at http://www.travel.state.gov/passport. Blank passport application forms may also be downloaded from that website. Completed passport application forms and accompanying documents may be submitted at any of the 6,000 passport application acceptance facilities around the United States or at a U.S. embassy or consulate abroad.
Last year, over 8.8 million U.S. passports were issued to U.S. citizens. It is expected that the Department of State will issue over 10 million U.S. passports this year.

USCIS Provides Notice on Direct Mail Filing with the Chicago Lockbox, Effective December 1, 2004

According to a USCIS Federal Register notice published November 19, Direct Mail Filing will require that certain I-485, I-765, and I-131 filings be submitted directly to the Chicago lockbox. The notice provides that there will be two phases of implementation, based on the state of residence. Phase One states will commence on December 1, 2004, and Phase Two states will commence on April 1, 2004.