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Wednesday, October 27, 2004
Court says that V-2 Age-Out Provisions Of 8 CFR 214.15(g) Are Invalid - 10/27/04
In Akhtar v. Burzynski, No. 02-57037 (9th Cir. Oct. 5, 2004), the court invalidated the age-out provisions of 8 CFR 214.15(g) concerning V2 visas and said that the age-out provisions were
contrary to congressional intent and frustrated congressional policy. [ more ]
Wednesday, October 20, 2004
President authorizes 70,000 refugees to be admitted to the U.S. during FY 2005 - 10/20/04
The Presidential Determination authorizes up to 70,000 refugees to be admitted to the U.S. during FY 2005. The document includes regional allocation of the admission numbers, and authorization to transfer unused numbers based on regional need. Only 10,000 numbers are allocated for adjustment of asylees. (69 FR 60943, 10/14/04).
[ more ]
Department of State Issues Cable on the Nonimmigrant Travel Initiative - 10/20/04
The attached Cable from Secretary Powel to Chiefs of Missions oversees emphasizing the importance of public diplomacy and outreach. The cable asks posts to assess and report on methods of improving nonimmigrant visa issuance, giving priority to students, medical cases, and the business community. The cable also prioritizes streamlining the security advisory opinion (SAO) process. [ more ]
Land Ports of Entry to Start Testing US-VISIT in Mid-November - 10/20/04
DHS will begin testing US-VISIT entry procedures in secondary inspection areas in mid-November in anticipation of the 12/31/04 implementation of US-VISIT at the 50 busiest land ports. Initial testing will begin in Douglas, Arizona; Port Huron, Michigan; and Laredo, Texas. [ more ]
DHS Publishes Final Rule Adding Actuaries and Plant Pathologists to NAFTA Professions - 10/20/04
The Departmetn of Homeland Security is amending effective 11/12/04, the regulations by adding Actuaries and Plant Pathologists to Appendix 1603.D.1 of the North American Free Trade Agreement (NAFTA) and by modifying the licensure requirements for Canadian citizens seeking admission to the United States as ``trade NAFTA'' (TN). (69 FR 60939, 10/13/04). [ more ]
USCIS To Continue to Issue ADIT (I-551) Stamps - 10/20/04
According to AILA, USCIS To Continue to Issue ADIT (I-551) Stamps. While some District Offices indicated that they would no longer issue ADIT (I-551) stamps, AILA Liaison has been advised that USCIS will continue with existing policy allowing issuance of the ADIT (I-551) stamp for permanent residents. We have been told that we can expect formal written confirmation of this within the next few days. [ more ]
Department of Labor Memo to State Workforce Agencies Administrators on FY 2005 Transition - 10/20/04
This memo provides information on the current and contingency plans for the transition of processing labor certification applications from the State Workforce Agencies to centralized Federal locations. Please see attached memo. [ more ]
Government Moves to Strip Citizenship from Former Holy Land Foundation Board Member - 10/20/04
The Dallas-based office of the U.S. Immigration and Customs Enforcement has filed a highly unusual civil court motion to strip a wealthy North Texas businessman of his American citizenship and eventually deport him to his native Middle East. [ more ]
Wednesday, October 13, 2004
Visa Bulletin for November 2004 - 10/13/04
The department of State has just released the Visa Bulletin for November 2004. [ more ]
Monday, October 11, 2004
House Passes Bill with Numerous Anti-Immigrant Provisions - 10/11/04
The House debated and voted today on H.R. 10 as well as a number of immigration-related amendments to the bill. Unfortunately, the bill passed by a large margin (282-134) and contains a number of extremely troubling provisions, including: (1) a broad expansion of expedited removal, (2) heightened burdens for asylum eligibility, (3) prohibition on acceptance of consular identifications, (4) restrictions on driver’s license issuance to noncitizens, (5) elimination of habeas review for a variety of final removal orders, (6) new mandatory detention provisions, (7) elimination of temporary stays pending judicial review of removal orders, and (8) authorization to remove individuals to countries without functioning governments. [ more ]
Friday, October 8, 2004
Department Of Labor States that requests for expedites for Labor Certifications must be denied - 10/08/04
In a memorandum dated September 21, 2004, William Carlson, Chief of the Division of Foreign Labor Certification, informs certifying officers that requests for expedites must be denied, and applications processed in filing date order. However, the memorandum also states that particular types of cases, such as RIRs, may be queued and processed in order within that queue. A copy of this memorandum is reproduced below.
[ more ]
Monday, October 4, 2004
The Visa Processing Times for various Immigration Service Centers have been updated - 10/04/04
The Visa Processing Times for various Immigration Service Centers have been updated. To view, click on the Proc. Times menu to the left of this screen. [ more ]
USCIS Reaches H-1B Cap for Fiscal 2005 - 10/04/04
USCIS announced, at approximately 8:00 pm on October 1, 2004, the first day of fiscal year 2005, that it has enough H-1Bs in the pipeline to meet the fy 2005 cap. All cap-subject cases received after the end of the business day October 1 will be returned. [ more ]
Friday, October 1, 2004
Beware Of DV Lottery Scams - 10/01/04
Please be aware that fraudulent websites and emails exist regarding the Diversity Visa (DV) Visa Lottery. The State Department (DOS) oversees the DV lottery program. Winners of the lottery have a chance to apply for an immigrant visa, which can be used to enter the US. The DV lottery is free. The most recent DV lottery ended December 31, 2003. The DOS will release instructions before the upcoming 2006 DV Lottery. Be alert to websites offering an increased chance of wining the DV lottery - it is simply not true. AILA also reports the recent circulation of false DV emails. The email informs individuals that they have won the DV 2004 visa lottery and instructs individuals to send $349.67 - these emails are also not true and should be disregarded. [ more ]
DHS Issues Reminder Regarding Expansion of US-VISIT to VWP Travelers on October 1, 2004 - 10/01/04
The Department of Homeland Security has issued a reminder to travelers regarding the expansion of the US-VISIT program effective October 1, 2004, to all foreign visitors at airports and seaports who are requesting admission to the United States under the Visa Waiver Program (VWP). [ more ]
Department of Justice Publishes Final Rule on 212(c) Relief from Deporation - 10/01/04
On September 28, 2004, the Department of Justice published its final rule on 212(c) Relief in the Federal Register. Effective October 28, 2004, the final rule provides procedures and deadlines for filing motions for 212(c) relief before an IJ or the BIA for eligible aliens in proceedings or under final deportation/removal orders. [ more ]
DV 2006 visa lottery has started and will run to January 7, 2005 - 10/01/04
The State Department has announced that the registration period for the DV 2006 visa lottery will run from November 5, 2004 to January 7, 2005. Registration will be exclusively on-line. Please click on the attached link for more information. [ more ]
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