njimmigrationlawyer

BIA Finds Derivative Citizenship Where Paternity Not Legitimated by Marriage

2006-07-07T11:30:00.000-07:00

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

2006-06-30T14:36:00.000-07:00

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!

2006-06-19T14:45:00.000-07:00

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

2006-06-19T14:40:00.000-07:00

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!

2005-08-12T09:30:00.000-07:00

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

2005-08-08T11:46:00.000-07:00

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

2005-06-14T17:00:00.000-07:00

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

2004-11-24T11:54:00.000-08:00

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.

USCIS Announces H-2B Numbers as of November 1, 2004

2004-11-18T10:10:00.000-08:00

USCIS announced yesterday that it has received H-2B petitions for 33,153 beneficiaries toward the fiscal year 2005 cap of 66,000. It indicates that it generally needs to approve 100,000 beneficiaries to fully utilize the cap numbers.

DV2006 Lottery Registration to Begin November 5

2004-10-29T09:52:00.000-07:00

The State Department announced on September 29, 2004, that the registration period for the DV2006 visa lottery will run from November 5, 2004 to January 7, 2005. Registration will be exclusively on-line.

Machine Readable Passport Takes Affect

2004-10-29T09:47:00.000-07:00

Department of Homeland Security (DHS) has issued a press release and fact sheet reminding Visa Waiver Program (VWP) travelers that, effective October 26, 2004, the Bureau of Customs and Border Protection began enforcing the requirements that travelers (including children) applying for admission under the VWP must possess a machine readable passport. One-time exemptions may be granted.

NJ Drivers License for Temporary Visa Holders

2004-08-12T08:49:00.000-07:00

The New Jersey Motor Vehicle Commission has tripled the number of locations in which customers with temporary visas can renew or apply for a driver license. There are eight additional locations available for non-US citizens seeking Temporary Visa Restriction driver licenses. In addition to Wayne, West Deptford, Trenton, Eatontown, aliens can obtain driver's licenses at North Bergen, Edison, Elizabeth, Freehold, Jersey City, Lodi, South Plainfield and Toms River. Within six months, MVC estimates that all 45 motor vehicle agencies will be able to handle such transactions.

USCIS Announces Only Full Frontal Photos to be Accepted After September 1, 2004

2004-08-06T09:24:00.000-07:00

The USCIS Press Release advises that USCIS will accept both three-quarter and full color frontal photographs until 9/1/04, after which only full frontal color will be accepted. Applications previously submitted with color photos with the three-quarter standard will not be affected by this change.

Upcoming Change in Photograph Requirements

2004-07-29T09:46:00.000-07:00

An email from Steve Bucher at USCIS Head Quarters instructs service centers on the transition to passport-style photographs as of September 1, 2004. Until September 1, either ADIT or passport photo type is to be accepted, but Request For Evidence's for other reasons may also include a request for new photographs.

July 30th Deadline for Filing Change of Status for F/J Students Affected by the Cap

2004-07-29T09:37:00.000-07:00

July 30th is the Deadline for Filing Change of Status to H1-B for F/J Students Affected by the H1-B Cap; USCIS to Allow Motion to Reopen's for Previously-Denied Change of Status Applications. The DHS Federal Register notice of July 23, 2004 extends the status of certain F and J nonimmigrant students if DHS has received a timely filed request for change of status to that of H-1B no later than July 30, 2004, with a start date of no later than October 1, 2004.

InfoPass Launched in New York, Set to Go Nationwide By September 2004

2004-07-22T21:48:00.000-07:00

USCIS has announced that InfoPass, its internet-based appointment system, was formally launched in the New York office today, July 22. The announcement also states that USCIS plans to implement the system nationwide by early September 2004.

DHS to Publish H-1B "Cap Gap" Notice

2004-07-22T09:53:00.000-07:00

Tomorrow's (July 23) Federal Register will include a notice regarding maintenance of status of persons in duration of status who have applied for change of status to H-1B, but who will run out of status before new quota numbers are available for fiscal 2005. The notice extends the status of certain F and J nonimmigrant students if DHS has received a timely filed request for change of status to that of H-1B no later than July 30, 2004, with a start date of no later than October 1, 2004.

No More Long Lines at USCIS offices!!!

2004-07-15T09:19:00.000-07:00

Effective August 4, 2004 the Newark CIS District Office and the Cherry Hill Sub-Office locations will offer the InfoPass system to their customers.

InfoPass is a Web-based system that enables the public to go online to schedule an appointment with an immigration information officer at USCIS offices and offers a convenient alternative to waiting in line for assistance.

Check back to this site for more details regarding InfoPass as they become available to us.

ICE Publishes Final Rule Requiring Additional Fees for Students

2004-07-08T09:55:00.000-07:00

On July 1, 2004, ICE published its final rule regarding additional fee requirements for students subject to SEVIS. According to the final rule, F-1, F-3, M-1, and M-3 students will incur a $100 fee. J-1 students will incur a $100 fee, though summer work/travel, au pair, and camp counselor program J-1 students will only incur a $35 fee. Exempt from these additional fees are F, M, and J spouses and dependents, and certain other programs identified in the final rule. The new fee requirement will become effective on September 1, 2004. (69 FR 39814, 7/1/04).

State Dept. to End Visa Revalidations

2004-06-16T12:20:00.000-07:00

Deputy Assistant Secretary of State Catherine Barry announced at the AILA (American Immigration Lawyers Association) Annual Conference that applications for visa revalidations (for classifications C, E, H, I, L, O and P) will no longer be accepted by the Department of State after July 6, 2004. However, we understand that the cut-off date has now been changed to July 16, 2004, but that an exception will be made for applications pending at that point for which additional information has been requested under INA Section 221(g).

The ostensible rationale for terminating visa revalidations is that DOS lacks the capacity domestically to acquire the biometric identifiers all visas will be required to contain as of October 26, 2004. Ms. Barry further stated that DOS has no current plans to revive the revalidation service.

AILA has urged DOS to retain the revalidation service, which remains valuable despite a significant increase in processing times, rejections and denials, and is developing ideas on how to do so.

However, while AILA plans to work in coalition with other business groups to bring pressure to bear on the agency, we are not optimistic than DOS will change its mind any time soon.

June 1, 2004

2004-06-01T13:55:00.000-07:00

NEW IMMIGRATION FILING FEES EFFECTIVE 4/30/2004

Filing fees for immigration applications/petitions have increased, effective 4/30/2004. USCIS (United States Citizenship and Immigration Services have stated that for the most part, if they receive a case on or after April 30 and it has the new fee attached, they will accept the case (assuming it is otherwise acceptable for filing). If the envelope is postmarked before April 30, they will accept the old filing fee, even if they physically receive the envelope after the new fees have become effective. If an envelope is postmarked before April 30 but contains the new filing fee, they will hold the case until the new filing fee is in effect. The exception to their holding a case until the new fees are in effect applies to cases with a request for Premium Processing. If a premium processing case is postmarked before April 30 and includes the new fee, it will be returned.

The New Application and Petition Fees are as follows:

Form No. Description Fee
I-90 Application to Replace Permanent
Resident Card $185
I-102 Application for Replacement/Initial
Nonimmigrant Arrival/Departure Record $155
I-129 Petition for a Nonimmigrant Worker $185
I-129F Petition for Alien Fiance(e) $165
I-130 Petition for Alien Relative $185
I-131 Application for Travel Document $165
I-140 Immigrant Petition for Alien Worker $190
I-191 Application for Permission to Return
to an Unrelinquished Domicile $250
I-192 Application for Advance Permission to
Enter as a Nonimmigrant $250
I-193 Application for Waiver of Passport
and/or visa $250
I-212 Application for Permission to Reapply
for Admission into the U.S. After
Deportation or Removal. $250
I-360 Petition for Amerasian, Widow(er), or
Special Immigrant $185
I-485 Application to Register Permanent
Residence or to Adjust Status $315
I-526 Immigrant Petition by Alien Entrepreneur $465
I-539 Application to Extend/Change Nonimmigrant
Status $195
I-600/600A Petition to Classify Orphan as an
Immediate Relative/Application for
Advance Processiong or Orphan Petition $525
I-601 Application for Waiver of Grounds of Excludability $250
I-612 Application for Waiver of the Foreign
Residence Requirement $250
I-687 For Filing Application for Status as a
Temporary Resident $240
I-690 Application for Waiver of Excludability $ 90
I-694 Notice of Appeal of Decision $105
I-695 Application for Replacement Employment
Authorization or Temporary Residence Card $ 65
I-698 Application to Adjust Status from
Temporary to Permanent Resident $175
I-751 Petition to Remove the Conditions on
Residence $200
I-765 Application for Employment Authorization $175
I-817 Application for Family Unity Benefits $195
I-824 Application for Action on an Approved
Application or Petition $195
I-829 Petition by Entrepreneur to Remove
Conditions $455
I-881 NACARA--Suspension of Deportation or
Application for Special Rule Cancellation
of Removal for adjudication by the
Department of Homeland Security $275
I-881 NACARA--Suspension of Deportation or
Application for special Rule Cancellation
of Removal for adjudication by the
Immigration Court $155
I-914 Application for T Nonimmigrant Status $255
N-300 Application to File Declaration of
Intention $115
N-336 Request for Hearing on a Decision in $250
Naturalization Procedures
N-400 Application for Naturalization $320
N-470 Application to Preserve Residence for
Naturalization Purposes $150
N-565 Application for Replacement Naturalization
Citizenship Document $210
N-600 Application for Certification of
Citizenship $240
N-600K Application for Citizenship and Issuance
of Certificate under Section 322 $240
For Capturing Biometric Information $ 70