WASHINGTON - U.S. Citizenship and Immigration Services (USCIS), marking a significant milestone in its efforts to provide relief to victims of crimes, has for the second straight year approved 10,000 petitions for U nonimmigrant status, also referred to as the U-visa.
On an annual basis, 10,000 U-visas are set aside for victims of crime who have suffered substantial mental or physical abuse and are willing to help law enforcement authorities investigate or prosecute crime.
“Providing immigration protection to victims of crime and their families while aiding law enforcement efforts to bring criminals to justice is of the utmost importance to the Agency and the public we serve,” said USCIS Director Alejandro Mayorkas.
Due in large part to public education and partnerships forged with law enforcement agencies and service providers, USCIS reached the statutory maximum of 10,000 U-visas per fiscal year for the second year in a row since it began approving petitions for them in 2008. It is a significant milestone for the program created by Congress to strengthen law enforcement’s ability to investigate and prosecute cases of domestic violence, sexual assault, human trafficking, and other crimes while at the same time offering protection to victims of such crimes. More than 45,000 victims and their immediate family members have received U-visas since the implementation of this program.
As part of this effort, USCIS adjudications officers have traveled to 30 cities, including Boston, Philadelphia, Seattle and Los Angeles to train federal, state and local law enforcement and immigrant-serving organizations on immigration protections available to immigrants who are victims of human trafficking, domestic violence and other crimes.
USCIS will continue to accept and adjudicate new U-visa petitions, and will resume issuing U-visas on Oct. 1, 2011, the first day of fiscal year 2012.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) is seeking public comment on a proposed rule governing the Special Immigrant Juvenile (SIJ) classification.
Currently, certain children present in the United States may be eligible for SIJ status if they are:

• Declared dependents of a juvenile court located in the United States; or
• Legally committed to, or placed in the custody of, an agency or department of the state in which the child is residing.

A child granted SIJ classification is immediately eligible to apply for permanent resident status.
The proposed rule, if promulgated as a final rule, would allow USCIS to grant SIJ classification to petitioners whose reunification with one or both parents is not possible because of abuse, neglect, abandonment or a similar basis found under state law. A final rule would implement statutorily mandated changes by:

• Revising the existing eligibility requirements to comport with the statute
• Revising consent requirements
• Further exempting SIJ adjustment-of-status applicants from several grounds of inadmissibility.

The proposed rule includes protections against aging-out, meaning that petitioners would still be eligible for SIJ status even if they reach the age of 21 while the petition is pending. Also, petitioners would be required to have a valid juvenile court order that is in effect at the time of filing. While this court order would be required to remain in effect through the time of adjudication, the proposed rule would exempt that requirement for individuals if their court order is no longer in effect at the time of adjudication because the petitioner’s age prevents continued dependency.
USCIS will accept public comments until Nov. 7, 2011, following today’s publication of the proposed rule in the Federal Register. Comments from individuals and agencies with direct experience handling special immigrant juvenile cases are particularly welcomed.

USCIS Automatically Extends Validity of Employment Authorization Documents.
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) today announced its intention to automatically extend employment authorization for Liberian nationals covered under Deferred Enforced Departure (DED) through March 31, 2012. USCIS’s announcement follows President Obama’s announcement today of his decision to extend DED through March 31, 2013, for qualified Liberians and those persons without nationality who last habitually resided in Liberia. The six-month automatic extension of existing Employment Authorization Documents (EADs) will permit eligible Liberians to continue working while they file their applications for new EADs. The new EADs will cover the full 18 months of the DED extension.
Although DED was scheduled to end for Liberian nationals on Sept. 30, 2011, there are compelling foreign policy reasons to continue deferring enforced departure from the United States for eligible Liberian nationals presently living in the United States under the existing grant of DED for 18 additional months.

USCIS Launches Spanish-Language Version of E-Verify Self Check, 08/15/2011

Online Service Also Expands to 16 Additional States.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced thatSelf Check, a free online service of E-Verify that allows workers to check their own employment eligibility status, is now available in Spanish and accessible to residents in 16 additional states: California, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New York, Ohio, South Carolina, Texas, Utah and Washington. Today’s announcement expands on the initial launch of Self Check in March 2011 for residents who reside in Arizona, Colorado, Idaho, Mississippi, Virginia and the District of Columbia.
“Self Check equips workers with fast, secure access to their employment eligibility information before they apply for jobs,” said USCIS Director Alejandro Mayorkas. “By offering Self Check to Spanish speakers and making the service more widely available, USCIS makes good on a promise to streamline and protect the integrity of the E-Verify process for employees and employers alike.”
Self Check is the first online service offered directly to U.S. workers by E-Verify, a Department of Homeland Security program administered by USCIS in partnership with the Social Security Administration. Employers use the Internet-based E-Verify service to determine employees’ eligibility to work in the United States through information reported in the employee's Form I-9 (Employment Eligibility Verification).
When workers over the age of 16 use Self Check to confirm their eligibility to work in the United States, they enter the same information that employers would enter into E-Verify. Self Check allows users to compare their information to the same databases that E-Verify accesses, giving them an opportunity to address any existing data mismatches before they are hired by an E-Verify-participating employer.
USCIS will continue to evaluate and improve the Self Check service, which it intends to expand nationwide by spring 2012.

USCIS Centralized Filing of Form I-130, 08/15/2011

WASHINGTON - Effective Aug. 15, 2011, petitioners residing in countries without USCIS offices must file their Form I-130, Petition for an Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS) lockbox facility in Chicago. This change makes the filing process more efficient and gives USCIS greater flexibility in managing its workload.
Petitioners residing in a country with a USCIS office may send their petitions to the USCIS Chicago lockbox, or file at the USCIS office in that country. Overseas petitioners filing with the lockbox should expect processing times similar to petitions filed domestically, which currently stand at five months.
Based on a Policy Memorandum published in July 2011, these petitioners will also be granted more time to respond to Requests for Evidence (RFE). Applicants and petitioners residing outside the United States are now given up to 12 weeks to respond to RFEs, plus an additional 14 days to account for overseas mail.
Previous regulations permitted individuals overseas, who comprise about 5 percent of all I-130 petitioners, to file with USCIS or their local U.S. Embassy or consulate. 

The Agreement between the United States of America and the Russian Federation Regarding Cooperation in Adoption of Children, 07/13/2011

The Department of Homeland Security and the Department of State announced today, July 13, 2011, that Secretary of State Hilary Clinton and Russian Foreign Minister Sergey Lavrov signed a bilateral adoptions agreement that will strengthen procedural safeguards in adoptions between our countries.
This Agreement will provide additional safeguards to better protect the welfare and interests of children and all parties involved in intercountry adoptions.  Under the Agreement, only adoption agencies authorized by the Russian Government will be able to operate in Russia and provide services in adoptions covered by the Agreement, except in the case of an adoption of a child by his or her relatives. This will largely eliminate independent adoptions from Russia and create a better defined framework for intercountry adoptions between the United States and Russia. The Agreement also includes provisions designed to improve post-adoption reporting and monitoring and to ensure that prospective adoptive parents receive more complete information about adoptive children’s social and medical histories and anticipated needs.
The United States is committed to working with the Russian Federation on implementing the provisions laid forth in this Agreement as soon as it enters into force.

USCIS Announces End of Parole Program in Moscow - Update, 07/12/2011

WASHINGTON—U. S. Citizenship and Immigration Services (USCIS) today announced it will no longer offer parole to Lautenberg category members who are denied refugee status in Moscow.  Individuals who have been offered parole by USCIS in Moscow must make plans to arrive in the United States by Sept. 30, 2011.
A provision of the Lautenberg Amendment to the Foreign Operations Appropriations Act allows certain individuals who are paroled into the United States after being denied refugee status to adjust to lawful permanent resident status after being physically present in the United States for one year. Within the Moscow program, this provision is limited to only those refugee applicants from countries that made up the former Soviet Union who meet the Lautenberg criteria. 
Congress has not extended this Lautenberg Amendment provision, which expires after Sept. 30, 2011.

USCIS Proposes Significant Enhancement to EB-5 Visa Processing to Help America Win the Future, 05/19/2011

Actions Will Streamline Program Designed to Create Jobs
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today proposed significant enhancements to the administration of the USCIS Immigrant Investor Program, commonly referred to as the EB-5 Program—transforming the intake and review process for immigrant investors as part of the Obama administration’s continued commitment to improve the legal immigration system and meet our economic and national security needs for the 21st century.
The EB-5 Program makes 10,000 visas available annually to immigrant investors who invest in commercial enterprises that create at least 10 U.S. jobs. EB-5 investors may petition independently or as part of a USCIS-designated Regional Center.
“Congress created the EB-5 Program in 1990 to attract investors and entrepreneurs from around the globe to create jobs in America,” said USCIS Director Alejandro Mayorkas. “We are dedicated to enhancing this program to ensure that it achieves that goal to the fullest extent possible.” 

18-Month Extension and Re-designation of Haiti for Temporary Protected Status Update, 05/19/2011

Secretary of Homeland Security Janet Napolitano announced this week the re-designation of Haiti for Temporary Protected Status (TPS) and extended the country’s current TPS designation for 18 months—through Jan. 22, 2013. Following consultations with other federal agencies, Secretary Napolitano has determined that current conditions in Haiti support extending the designation period for current TPS beneficiaries and re-designating Haiti for TPS in order to re-establish the continuous residence date as Jan. 12, 2011.
U.S. Citizenship and Immigration Services (USCIS) strongly encourages Haitian nationals to review the Federal Register notice published today. Individuals who do not have TPS or a pending TPS application may begin filing immediately, and must file no later than Nov. 15, 2011. Individuals who already have Haiti TPS must wait to file for re-registration until a Federal Register notice describing the re-registration procedure is published.
Individuals who attempt to enter the United States illegally now will not be granted TPS and will be repatriated consistent with U.S. policy. 

USCIS Centralizes Filing of Form I-130, 05/16/2011

U.S. Citizenship and Immigration Services (USCIS) today announced that effective Aug. 15, 2011, petitioners residing in countries without USCIS offices will be able to file a Petition for an Alien Relative (Form I-130), with the USCIS Chicago Lockbox facility. This will increase the efficiency of the relative petition filing process and give USCIS more flexibility in managing its workload. Previous regulations permitted these petitioners, who comprise about 5 percent of all I-130 petitioners, to file with USCIS or the U.S. Department of State at their local U.S. embassy or consulate.
Petitioners residing in a country with a USCIS office have the option of sending their I-130 forms to the Chicago Lockbox, or they may file their Forms I-130 at the international USCIS office having jurisdiction over the area where they live.
To enable a smooth transition, petitioners should continue to file at their local U.S. embassy or consulate through Aug. 14, 2011. Beginning Aug. 15, petitioners residing abroad must file according to the new instructions.

USCIS to Issue Employment Authorization and Advance Parole Card for Adjustment of Status Applicants, 02/11/2011

U.S. Citizenship and Immigration Services (USCIS) announces that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. The card looks similar to the current Employment Authorization Document (EAD) but will include text that reads, "Serves as I-512 Advance Parole." A card with this text will serve as both an Employment Authorization and Advance Parole document.
An applicant may receive this card when he or she file an Application for Employment Authorization, Form-765, and an Application for Travel Document, Form I-131, concurrently with or after filing Form I-485. USCIS will continue to issue separate EAD and Advance Parole documents as warranted.
As with the current Advance Parole document, obtaining a combined Advance Parole and Employment Authorization card allows an applicant for adjustment of status to travel abroad and return to the U.S. without abandoning the pending adjustment application. Upon returning to the U.S. the individual who travels with the card must present it to request parole through the port-of-entry. The decision to parole the individual is made at the port-of-entry. Individuals who have been unlawfully present in the U.S. and subsequently depart and seek re-entry through a grant of parole may be inadmissible and ineligible to adjust their status.

New Countries Eligible to Participate in H-2A and H-2B Programs, 01/14/2011

U.S. Citizenship and Immigration Services (USCIS) announced today that the Department of Homeland Security (DHS), in consultation with the Department of State, has identified 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.
Effective Jan. 18, 2011, nationals from the following countries are eligible to participate in the H-2A and H-2B programs: Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, and Vanuatu. Of these countries, the following were designated for the first time this year: Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.
This new list does not affect the status of individuals who currently hold valid H-2A or H-2B visas or status. A national from a country that is not on the list may be the beneficiary of an approved H-2A and H-2B petition if the Secretary of Homeland Security determines, in her sole and unreviewable discretion, that it is in the U.S. interest for the alien to be a beneficiary of the petition.

ICE Memo on Guidance for Removal Proceedings Involving Aliens with Pending or Approved Applications or Petitions, 08/20/2010  

On August 20, 2010, ICE from Assistant Secretary John Morton established a policy for ICE to request expedited adjudication of an application or petition for an alien in removal proceedings that is pending before USCIS if approval would provide an immediate basis for relief.

Recent BIA decision will impact the manner in which aliens are deemed “admitted” for purposes of adjustment applications, 07/28/2010

Matter of Quilantan, Int. Dec. 3688, 25 I&N Dec. 285 (BIA 2010) - For purposes of establishing eligibility for adjustment of status under section 245(a) of the Immigration and Nationality Act, 8 U.S.C. § 1255(a) (2006), an alien seeking to show that he or she has been “admitted” to the United States pursuant to section 101(a)(13)(A) of the Act, 8 U.S.C. § 1101(a)(13)(A) (2006), need only prove procedural regularity in his or her entry, which does not require the alien to be questioned by immigration authorities or be admitted in a particular status. Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980), reaffirmed.

U.S. Citizenship and Immigration Services (USCIS) has proposed to increase the overall fees by a weighted average of about 10 percent but would not increase the fee for the naturalization application.  The proposal also would establish three new fees:  a fee for regional center designations under the Immigrant Investor Pilot Program, a fee for individuals seeking civil surgeon designation and a fee to recover USCIS's cost of processing immigrant visas granted by the Department of State.  The proposal can be seen at http://edocket.access.gpo.gov/2010/2010-13991.htm.  Additionally, the USCIS is seeking public comment on this proposal during a 45 day comment period starting on June 11, 2010 and ending on July 26, 2010.  Comments can be left at www.regulations.gov.

• Understanding Immigration
• Immigrant Visas
• Non-Immigrant Visas
• PERM
• Priority Worker
• National Interest Waivers
• Naturalization
• International Adoption
• Asylum
• Deportation/ Removal
• Recent Changes
• Immigration News