THE OH LAW FIRM

Dedicated Professionals in Immigration Law for 24 Years

Reported by Matthew Oh, Esquire.

(11/01/2002 - 02/28/2003)

The Oh Law Firm and its Lawyers are not responsible for reliance by the reader on this information as each individual situation may be unique and different. The readers are advised to seek legal counsel from a qualified immigration attorney. The information stated here is subject to change.

The posting in the Breaking News requires visitors' some level of knowledge of immigration issues. Reading one posting without closely following previous postings will result in reading it out of context. The laws, policies, and practices of agencies are constantly changing and people should be careful in reading old postings. People should not take the news in this page as a legal advice. The purpose of Breaking News is to feed into the immigrant communities up to the minute news, especially inside information of agencies' decision making. Just like any other news reporting, the life span of the news can be very short. This is not a text book or a law book. It is a "news report." This site will welcome "only" those visitors who follow the news reports everyday just like the subscribers of daily newspapers. The sole purpose of this site is to serve the immigrant communities and not immigration law professionals...

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02/28/03:

02/28/03: DOS Cable Asks Visa Posts to Use "Revised" DS-156 Form

• DOS revised DS-156 form and asks the visa posts to use this new form. The updated DS-156 includes additional questions, a dedicated space on the form for a 1-D barcode sticker, and has been redesigned to synchronize questions to match the sequence of data fields on NIV 4.01. The date format has also been revised to match the (DD-MMM-YYYY) format used on the NIV 4.01 system. Note also that the updated DS-156 includes specifications for a revised photo format for NIV processing. The new photo format matches that used for U.S. passports. The change is being made to improve the quality of photos captured in the CCD and allow for more robust use of facial recognition technologies. The Form DS-156 is now available on the Department's Internet site (http://www.state.gov/m/a/dir/c4455.htm). For the full text of the cable, please click here.

02/28/03: Our "Thanks" to the Men and Women Who Have Worked for the INS

• For the old timer immigration law practitioners like this reporter, today marks a special day not just because the age-old federal institution pulls down its curtain but because the old timers lived for decades with the men and women who worked for the institution. As the agency went through the turbulent course of "ups and downs," we, the old timers, in a way, were fellow travellers, navigating the same journey. It was the institution itself and the legislators that were responsible for the diseases and eventually leading to a downhill course. The men and women working for the institution were personally not responsible for the infection. They were simply hard working people who tried to meet their daily needs. As the agency went through the turbulence, these men and women had to suffer from something over which they had no control. Their morale sank and their jobs became insecure.
• On this historic occasion of demise of the INS, we just want to express heartfelt "thanks" to all of you who have been part of this institution.

02/28/03: Final Countdown of Transfer of Immigration to DHS and Reorganization of Department of Justice Regulations

• As the transfer of immigration functions other than Executive Office for Immigration Review from the U.S. Department of Justice to the U.S. Department of Homeland Security is going through the final countdown and the INS is scheduled to be abolished in less than 24 hours, the DOJ released this morning a regulation reorganizing DOJ regulations in the code book. This reorganization of the code takes effect today, February 28, 2003, and immigration practitioners should review and make themselves familiar with the reorganized code to cite the provisions properly. This is particularly important for those practitioners who practice in immigration courts as the EOIR remains within the jurisdiction of the DOJ. For the reorganization regulation, please click here.

02/28/03: INS Notice of N-400 Naturalization Application Form Validity

• The INS issued a notice this morning that effective March 31, 2003, only editions dated May 31, 2001, or later, of the Form N-400, Application for Naturalization, will be acceptable for filing by persons applying for United States citizenship. These revised editions include recent legislative changes, clarify the information required from applicants, eliminate obsolete questions, and update the data collection process. This notice advises the public that Forms N-400 that are mailed, postmarked or otherwise filed on or after March 31, 2003 must bear the edition date of May 31, 2001, or later. Read on.
  

02/27/03: Reinstated INS Filing Fees in Effect Today, 02/27/03

• As predicted, the INS released the Interim Rule reinstating the filing fees that had been in effect until January 23, 2003. For the information on the effect of filing of cases with the fees before reinstatement, please refer to our posting of 02/26/03.
  • Alert: Filing of applications and petitions can be rejected if the reduced fees before reinstatment are submitted "unless" it is posmarket on or before 02/27/2003!!
  • For the Vermont Service Center filers by mail, VSC advices that it will also accept the filing with the reduced fees if it is received by March 3, Monday. Whether or not this applies to other Service Centers has not been confirmed. It appears, though, that the VSC announcement somewhat conflicts with the INS web site announcement and the regulation itself.
• Reinstatement Interim Rule
• INS Announcement
• Corrected INS Fee Chart (INS Site)

02/26/03: Questions on Immigration Services Budget and Backlog Reduction Under BCIS/DHS

• When it comes to the issue of backlog reduction in applications/petitions under the new Department of Homeland Security, the immigrant community is getting a confusing message from the Beltway. The positive messages are twofolds: One is the Homeland Security Act of 2002 which directs the Department of Homeland Security to work on the processing backlogs. The Second is the statement of DHS concerning FY 2004 budget which promises to continue the Bush's 5-year $500 million backlog reduction plan.
  • Despite the positive promises from the Hill and the DHS, there is a lingering question on substances of these promises when it comes to funding allocation for immigration services for FY 2004. The FY 2003 budget of INS reflects that the funding for immigration services was approximately $1.4 billion. Contrast to this figure, the FY 2004 budget earmarks only $800 million for immigration services. The other concern the immigration community should look into is the impact of the split of the INS functions on the available resources for the immigration services function. Currently, when it comes to the local INS district offices operation, the immigration inspectors and investigators have been offering some resources for immigration services function. The DHS takes away these two available resources from the immigration services function. This will, without doubt, add pressure on the limited resources for the immigration services function.
• We hope that the DHS makes available to the immigration community its detailed plan for backlog reduction and some explanation as to how it intends to achieve the plan with the limited funding in the coming year.

02/26/03: INS Assures Smooth Transition of Immigration Services Function to BCIS/DHS on March 1, 2003

• The INS has released a statement assuring immigrant a smooth transition to DHS. The key points involve:
  • Official forms and documents issued by the former INS are still valid and will continue to be accepted by BCIS and other agencies as evidence of status in the United States.
    
    BCIS local offices will remain in existing INS locations, including Application Support Centers and Service Centers. There will be no immediate change in office locations.
    
    Forms should continue to be mailed to the address indicated in forms and notices.
  • 
    
    The National Customer Service Call Center will continue to be available at 1-800-375-5283, or for the hearing impaired at 1-800-767-1833.
    
    Customers will still be able to download forms and check the status of their case online (for cases pending adjudication at Service Centers). The new web address for BCIS will be www.immigration.gov.
• For the full text, please click here.
  

02/26/03: INS Fee Schedule To Be Reinstated to Old Schedule Tomorrow

• AILA has reported that the INS will release the Interim Rule on 02/27/03 that will reinstate the filing fees which had been in effect before 01/24/2003.
• The new fee will take effect as of the date of publication of the Interim Rule and if it is indeed published tomorrow in the federal register, the new fee will be in effect as of tomorrow, 02/27/03.
• The submission of the reinstated fees is required for applications submitted on or after date of publication this Interim Rule, but INS will accept applications or petitions submitted with the fee that was in effect before the publication of this Interim Rule, "if the application or petition is POSTMARKED on or before date of publication of the Interim Rule."
• Consequently, if the Interim Rule is published tomorrow and the application/petition is mailed out with the postmark of tomorrow's date, the INS will still accept the filing. Otherwise, people will have to enclose the reinstated fees from tomorrow. Please stay tuned to this web site for the INS release of this Interim Rule tomorrow.

02/26/03: INS Corrects List of Designated Ports of Entry for Special Registrants

• Recently, the INS released the regulation listing ports of entry for these aliens. People must have noticed in the regulation that certain ports of entry should have been preceded by * mark, which was missing. Accordingly, the INS today release the new regulation to correct this problem and others. People should replace the previous federal register announcement by this new announcement. Click here for the announcement.

02/26/03: State/Local Law Enforcement Officers to Enforce Immigration Law During Mass Influx of Aliens

• INS announced Interim Rule which would go into effect today, 02/26/03, that would authorize state and local law enforcement officers to enforce immigration law during mass influx of aliens as an emergency assistance measure. For such action, the Attorney General needs to declare a situation of "Mass Influx of Aliens." For the full text of the rule, please click here.

02/26/03: New Wage Rates, Etc., for H-2A Temporary Alien Labor Certification Effective 02/26/03

• DOL released today a notice of 2003 Adverse Effect Wage Rates, Allowable Charges for Agricultural and Logging Workers' Meals, and Maximum Travel Subsistence Reimbursement for H-2A temporary alien labor certification for alien agricultural and logging workers. Please clikc here for the notice.
  

02/25/03: Under Secretary Hutchinson To Name New Interim Directors for All U.S. Ports of Entry (350) on March 1, 2003 (Saturday)

• As the Bureau of Border and Transportation Security of DHS takes over immigration and customs enforcement functions on Saturday, March 1, 2003, its Under Secretary Hutchinson will name interim port directors at 350 U.S. ports of entry, creating a single chain of command at U.S. ports. Accordingly, when the officials at the ports come to work Saturday morning, they will perform the same line of duties but will have someone different to report to. Currently, the Customs Service, Immigration and Naturalization Service, and Animal Plant and Health Inspection Service (APHIS) each maintain their own management structures at ports of entry. Saturday’s action will merge the chains of command at ports and put all inspectors under a single port director, who in turn will be accountable to the new Bureau of Customs and Border Protection (BCBT), headed by current Customs Commissioner.
• DHS will also end the current practice of having some INS criminal investigators report to agency officials with experience in immigration services or inspection. As of Saturday, INS enforcement officials will supervise all INS investigators, as investigators will shift to the Bureau of Immigration and Customs Enforcement (BICE).
• On March 1, 2003, the current INS inspectors will be in the Bureau of Customs and Border Protection (BCBT) and the investigators will be in the Bureau of Immigration and Customs Enforcement (BICE) which will be led by the current acting INS Commissioner Michael Garcia.
• As the current INS enforcement functions are split into the two different Bureaus and the current INS immigration services function comes under the direct command of the Deputy Secretary of DHS, the three-way split of the current INS will present for the DHS leadership a very challenging task of effective and efficient coordination among the three related immigration functions. Furthermore, moving the immigration courts and appeal units to a different Department, the U.S. Department of Justice, will in fact demand not only "within," but also "without" the DHS a close coordination of policy making and implementation.
• For the details of this news, please click here.

02/24/03: INS Fact Sheets for Extension of Group III and Group IV Call-In Special Registration

• Group III Extension Fact Sheet
• Group IV Extension Fact Sheet

02/24/03: State Department Guidelines/Interpretations of Child Status Protection Act ("Age-Out Act") for Visa Posts

• The State Department issued a cable to visa posts to guide them to implement this important legislation, clarifying its interpretation of the provisions of the legislation. Please click here for the full text.

02/24/03: State Department Advises Visa Posts for Visa Reciprocity Changes for Eastern Caribbean Countries

• The changes are as follows: The validity period for C-1,, and C-1/D visas has been increased to 120 months for ten Eastern Caribbean countries. The issuance fee for student visas (F-1, F-2, J-1, J-2, M-1 and M-2) for citizens of Barbados has been eliminated. The validity period for B-1 and B-2 visas for St. Kitts and Nevis, St. Vincent and the Grenadines, and St. Lucia posted on the Department's website has been corrected to read 120 months, instead of 60 months which had been erroneously listed. Finally, the validity period for A-1 and A-2 visas for citizens of Barbados has been extended from 48 months to 60 months. For the full text of changed visa reciprocity table for these countries, please click here.

02/24/03: State Department Cables to Visa Posts to Use 2003 Poverty Guidelines for I-864

• phe cable instructs that Posts should begin using these new guidelines in calculating levels of income and assets that immigrant visa petitioners and joint sponsors must demonstrate in their I-864 Affidavits of Support. Family-based immigrant visa applicants should now submit income proof per 2003 Poverty Guidelines. For the cable, please click here.
  

02/23/03: Substitution of Alien Beneficiary in Labor Certification-Based Immigration Proceedings

• In the current unusual poor economy, the employment between the U.S. employer and the alien employee can terminate at all stages of labor certification and immigraion proceedings. Additionally, the U.S. employer who started the labor certification process to hire "not" current nonimmigrant employee but certain aliens in the future may face a change of situation because of the employer's decision not to continue the job offer or the alien's decision not to take the job with the employer. More likely, such termination of the sponsorship may take place particularly in the "regular" labor certification situation rather than the RIR or other short-cut labor certification process.
• The rule of substitution of the alien beneficiary for the ongoing or certified labor certification application gives a valuable leverage for both the employer and a new alien beneficiary who wants to take over the already on-going or certified labor certification. For the employer, it can save a substantial amount of expenses, exhaustive time, and the high risk of failure of the application in the required labor maket test when the unemployment rate is high. For the alien who wants to take over the ongoing or completed labor certification, the benefit is beyond description in that the green card is almost guaranteed in case of substitution of certified labor certification, not to mention that he/she does not have to worry about a potential failure of the labor certification application because of the high unemployment rate. It also guarantees a short-cut green card process in that he/she bypasses all those times that were required to go through the time-consuming labor certification process. Additionally, the new alien also take over the "priority date" which can be valuable in the event that priority dates in Visa Bulletin for some reasons retrogresses in the future. We will briefly go over below substitutions in each stage of the green card process:
  • State Level: Employer is allowed to substitute at any stage of the state proceedings by amending the application form. The benefit of substitution at this early stage of labor certification is that the states are somewhat flexible in amending job descriptions and requirement inasmuch as the job location and the nature and type of the occupation remain same.
  • DOL Certififying Officer Level: Employee can be substituted inasmuch as the Certifying Officer has not completed adjudication. The procedure is similar in that the employer requests the Certifying Officer to return the ETA 750 to amend the alien information. However, unlike the amendment at the State level, amendment of job description or qualification requirement is not available. The substituting alien must prove that on the date of initial filing of the labor certification on behalf of the substituted alien, which is called "priority date," he/she met all the requirement which were specified in the initial application.
  • INS I-140 Petition Level: Once the labor certification is approved, substitution procedure moves to the INS and not, repeat not, the DOL. Inasmuch as the location of the job, job descriptions and qualification requirements plus wages offered remain same and the new alien proves that he/she had all the qualification requirement when the other alien first filed the labor certification application, all the employer has to do is to file I-140 for the new employer along with the certified labor certification application and Part B of ETA 750 for the new employee with the Service Center. In the event that the former employee had already obtained the I-140 petition approval on his behalf, there is additional action which the employer has to take when filing I-140 petition for the new employee: Withdrawal of the aproved I-140 petition which was approved for the old employee.
• In labor certification-waiver cases, the substitition of alien beneficiary for the I-140 petition is currently not available under the immigration laws. What about the substitution of the employer? For instance, assuming that the labor certification on behalf of him/her was forwarded to the DOL Certifying Officer and there is a change of the company which does not meet "successor-in-interest" requirement, would the new employer be able to take over the old employer's application and keep completing the labor certification and the alien does not lose the labor certification? There is a precedent decision of the DOL appeal board, BALCA, which states that the Certifying Officer can give approval of the pending labor certification application even if the old employer no longer exists and substituting employer meets all the requirement, including the job site, offered wage, same job duties and responsibilities, and the same qualification requirement, and there are no changes in all of these components. The rule applies only when the labor certification is pending and not decided. However, once a case is certified, the Certifying Officer is precluded from any changes with the certification. It is upto the INS whether it will recognize such substitution of the employer. Readers are reminded of two important points: Somehow, the BALCA decision of substitution of employer is not well accepted by the Certifying Officers other than the Chicago Region and people should not take it granted that the employer can be substituted. The INS is also uncertain as to whether it will accept the substitution of employer when a labor certification application was granted by the DOL. These discussions involve a very complex legal issue and a legal maneuvering, and people should discuss with their own lawyers to learn whether he/she would need to explore this route of substitution.
• Corporate Structural Change of "Successor-In-Interest" and Survivality of Labor Certification Application: If the employer is taken over by another company and the change meets the legal requiement of so-called "successor-in-interest" entity, this allows both employer substitution and employee substitution. In the situation of successor-in-interest corporate change, the labor certification survives despite the employer change and the new employer also can file for substitution of employee to give the benefit to another qualified alien employee. Readers should study very carefully to see whether they can take advantage of this rule despite the change of employer!
• Employers and Employees! Just keep one rule in mind: The certified labor certification is "valid" for good and indefinitely unless it is revoked or withrawn!!! It does not matter how old the certified application is. You may want to audit your files to see whether there are certified applications in company files being wasted now.

02/22/03: DOL FY 2004 Alien Labor Certification Program Budget for Backlog Reduction: Increase From 5.5 M To 55.0 M!

• DOL's FY 2004 (10/01/2003-09/30/2004) budget reflects an aggressive backlog reduction program using PERM labor certification and reduction strategies at the state agencies. The budget states that: "In FY 2004, an increase of $49.5 million will be provided as the first of a two-year investment to eliminate the 300,000 case backlog in the permanent Foreign Labor Certification program. In addition, funding will be provided in the Program Administration account to provide the Federal support necessary to address the problem. The backlog elimination will actually begin in FY 2003 as DOL makes changes to the program that will prevent future backlogs by expediting certification and eliminating the state role in the processing of applications."
• Apparently, this budget statement confirms the current DOL schedule to launch the PERM program in July 2003!

02/22/03: Application/Petition Filings During Transition From INS to BCIS/DHS

• Coming Friday, February 28, 2003, the INS will be completely abolished and DHS will take over the immigration business. As we reported earlier, however, people will not notice the change since everything will continue the way the agency has been operated. There will be no interruption or disruption whatsoever and the people will file same papers with the same field offices, no matter whether it is a Service Center or a local District Office. From the information which has been made public, the following is the policy of the new DHS:
  • Application/Petition Forms: People will continue to use the current INS forms until any change is made.
  • Filing Fee Payment Check: AILA has been notified that BCIS will accept the check s "made payable to either BCIS or INS." Until further notice, people do not have to worry about filing being rejected because of the wrong agency name they wrote on the filing fee checks.
  • Filing Fee Schedule: The President signed the Omnibus Spending Bill day before yesterday, but it appears that until the INS publishes the reinstated fee schedules in federal register, people may have to send out checks according to the current reduced fee scheduled and it is not likely that the INS will reject the filing for the reason of wrong filing fee payment. However, there is a chance that the federal register may provide that the agency will collect the differences before they complete the adjudication.
• This is a time people should keep their eyes wide open and keep themselves updated on the ongoing changes. Beginning from next week, people should constantly visit the following sites to get the information on changes that can affect the filing procedures:
  • This Web site: www.immigration-law.com
  • INS Web Site: www.ins.usdoj.gov
  • BCIS Web Site: www.immigration.gov (Effective 03/01/03): Enforcement functions including deportation proceedings and inspections will be accessible through the BCIS web site.
  • DHS Web site: www.dhs.gov
• The foregoing information is subject to change. This web site will be not responsible for reliance on this posting. People should keep updating themselves!!!!

02/21/03: Change of BCIS Web Site Address To www.immigration.gov

• We previously reported that the web site address of the Bureau of Citizenship and Immigration Services of Department of Homeland Security will be www.BCIS.gov. Today, the INS announced that beginning from March 1, 2003, the new web site address will be www.immigration.gov for the BCIS. Basically, current INS web site information and data will be maintained the way it is with the change of the name of the agency to BCIS. For the INS announcement, please click here.

02/21/03: AILA's Washington Update 02/21/2003

02/20/03: President Signed Omnibus Spending Bill Ino Law Today, Reinstating INS Filing Fee Schedules

• The President signed the Omnibus Spending Bill today. Consequently, the INS filing fee schedule is resumed to the schedule that had been effective until January 23, 2003. It is anticipated that the INS will release a notice in the federal register shortly. For those who have discarded the old INS filing fee schedule, we suggest that the federal register which announced the reduced fee schedule as it contains the old fee schedules. (Refer to F.R. for INS Filing Fee Schedules which became effective 01/24/2003 but invalid effective 02/20/03)
• Readers are advised to follow the INS notice which is anticipated to be released soon. It is not clear at this time which fees people will have to pay pending release of the INS Notice. Please stay tuned to this web site for development of this news.

02/20/03: U.S. Entry Visa Application Procedures for Permanent Residents in Canada

• As we reported, beginning from March 17, 2003, most of the permanent residents (landed immigrants) in Canada will not be able to enter the U.S. without a passport and entry visa issued by American visa posts overseas. In order to help such permanent residents of Canada, the American Embassy in Canada has just released guidance on the procedure for applying for the visas at the American visa posts in Canada. We express our gratitude to the AILA for the information. For the Embassy announcement, please click here.

02/19/03: Disturbing News of Special Registration RFE for Nonimmigrant Status Extension Petition

• Special registration notice provides that a "willful" failure to comply with the registration requirement constitutes a falure of maintaining nonimmigrant status. AILA reports that one of its members reported that a Service Center had issued a RFE requesting the evidence that a national of one of designated countries who had filed I-129 extension petition completed the special registration. As people know, the period of call-in special registration for Group I and Group II has expired and apparently this RFE is going after those who did not comply with the requirement.
• The period of Group III (Pakistan and Saudi Arabia) has been one month expended from 02/21/03 to 03/21/03, and the same for Group IV has been extended to April 25, 2003. Currently, the INS has not released any information on its policy relating to enforcing this provision in connection with any nonimmigrant or immigrant applications filed by such violators. Additionally, nothing is known about its policy on pending adjudication of nonimmigrant or 485 applications during the period of the call-in special registration for certain nationals - whether or not they hold adjudication pending the special registration. Especially in 485 context, should the INS approves 485, such decision will take such new permanent resident out of the group of call-in special registration. No one knows at this time how this consideration affects adjudication of 485 applications for these nationals.
• This presents a question as to whether it will be advantageous for 485 filers to complete the call-in special registration as early as possible for the purpose of completing the status applications. It is hoped that the INS clarifies this issue as soon as possible. Without doubt, AILA will also attempt to obtain this information at the national level. We will post the development as soon as this information is made available.

02/19/03: Undersecretary of DHS, Asa Hutchinson, Opines Immigration After March 1, 2003

• USA Today carried the opinion of Undersecretary Hutchinson as follows: "I believe the reforms we intend to implement at the Department of Homeland Security beginning March 1 will result in better enforcement of our immigration laws and more timely and predictable services for people who want to legally come to the United States to work, study or visit." We really hope so, Mr. Undersecretary! For the full text, please click here.

02/19/03: Alert to CSC Premium Processing E-Mail Approval Notice Receivers

• AILA has reported that CSC had a computer glitch and sent out erroneous approval notices via e-mail on 2/17 and 2/18. If you see a language that it will be adjudicated within 15 days in the notice, you may take it as an erroneous approval notice. People should not jump on taking the job on such e-mail notice. Sorry!

02/19/03: INS Designates "Additional" Ports-of-Entry for Departure of Special Registrants

Effective March 3, 2003, those POEs identified with an asterisk below, will be authorized to provide final registration and departure by nonimmigrant aliens subject to special
registration. The other POEs listed without the asterisks were designated on October 1, 2002, and will continue to process special registrants for final registration and departure. For the entire list of the designated ports, please read the INS notice.

02/19/03: INS Notice Extending Special Registration Deadline Groups III & IV

• As reported earlier, the INS released this notice today. This Notice amends two previous Notices that require certain nonimmigrant aliens to appear before, register with, and provide requested information to the Immigration and Naturalization Service. This Notice changes the dates on which the registration periods close, thus permitting the affected nonimmigrant aliens more time to register. The Notice permits nonimmigrant aliens of Pakistan or Saudi Arabia who are required to register under the Notice published on December 18, 2002, at 67 FR 77642, to timely register on or before March 21, 2003. The Notice permits nonimmigrant aliens of Bangladesh, Egypt, Indonesia,
  Jordan, or Kuwait who are required to register under the Notice published on January 16, 2003, at 68 FR 2363, to timely register on or before April 25, 2003. This Notice makesno other changes to the registration requirements. This Notice is effective on February 19, 2003. Read the Notice.

02/15/03: SEVIS Mandatory and In Force Effective 02/15/03 for Foreign Students and Schools

• Foreign student school registration and monitoring system was scheduled to go into effect on January 30, 2003. However, this mandatory system has been extended until February 15, 2003 as people notice on the INS web site. Effective today, unless the schools comply with the SEVIS, they will not be able to enroll foreign students and schools should use new electronic I-20 registering system. Read on.
• To learn how the SEVIS works, please click here.

02/15/03: Omnibus Bill Reinstates INS Filing Fees

• Sources confirm that the Omnibus Spending Bill indeed has a provision to reinstate the INS filing fees. This bill will take effect on the date the President signs the bill, but it is expected that the INS will publish a federal register which may allow the INS to accept the filings with the previous reduced fee payment and require the filers to pay the additional fees under the reinstated fee schedule. The reinstatement of fee schedule will not apply retroactively and any cases filed before the effective date of this law will remain valid and not be affected by this legislation of reinstatement of filing fee schedule. The President has yet to sign the Omnibus Spending Bill. We hope that people did not discard the old fee schedules which are expected to be reinstated within a next few days. Please stay tuned to this website for the development of this news.

02/15/03: Omnibus Bill Includes Funding for NSEERS/Special Registration Program

• Various sources, including AILA and Washington Post, have confirmed that the Omnibus Spending Bill has a provision to continue funding for NSEERS/Special Registration Program. It is thus clarified that the Call-In Special Registration will continue. We have yet to see whether the DHS will designate other countries for Group V Special Registration or expand such registration requirement to other population groups such as females. For additional news, please click here.

02/14/03: DOJ To Extend Groups III and IV Call-In Special Registration Deadlines

• According to the AILA, DOJ is scheduled to publish a notice on February 19, 2003 to extend the deadlines for Group III and Group IV Call-In Special Registration Deadlines as follows:

	Group I	Group II	Group III
Countries	Iran, Iraq, Libya, Sudan, and Syria	Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, UAE, Yemen	Pakistan, Saudi Arabia
Date of U.S. Entry and Departure Date	09/10/2002 or before, and will stay until 02/07/2002 or later	09/30/2002 or before, and will stay until 02/07/2003	09/30/2002 or before, and will stay until 03/21/2003
Registration Period	11/15/02-02/07/02 *Deadline Extended to 02/07/03	12/02/02-02/07/03 *Deadline Extended to 02/07/03	01/13/03-03/21/03 **Deadline Extended to 03/21/03

	Group IV
Countries	Bangladesh, Indonesia, Egypt, Kuwait, Jordan
Date of U.S. Entry and Departure Date	09/30/2002 or before, and will stay until 04/25/2003
Registration Period	02/24/03-04/25/03 **Deadline Extended to 04/25/03

[Note 1**] This requirement does not apply to U.S. citizens, lawful permanent residents(green card holders), refugees, asylum applicants, asylum grantees, anddiplomats or others admitted under "A" or "G" visas. [Note 2**] Prosecutorial discretion will be considered if a registrant has a currently-filed request or application for a benefit, appears to be immediately and prima facie eligible for the benefit sought, and if no adverse or disqualifying information is developed through indices checks or other sources. [Note 3**] Embassy officials will be permitted to be present at INS offices to assist the registrants. (Courtesy of AILA)

• For other details, please see the text of the forthcoming release of the notice on February 19, 2003.

02/14/03: Omnibus Bill and NSEERS and INS Filing Fees Reinstatement

• The Omnibus Bill which the Congress passed last night is a voluminous document and has yet to be reviewed. However, AILA has reported that the agreement of Republican leaders in the House and the Senate, which led to the swift passage of the bill last night, included a continuous funding for NSEERS/Special Registration program and reinstatement of the INS filing fees. It appears that at this point it is almost certain that the INS filing fees will go up beginning from next week. Unfortunately, the Special Registration Program, including Call-In Special Registration, is expected to continue. Please stay tuned to this web site for development of this news.

02/14/03: Heightend Security Alert and INS/Minnesota Checkpoint Clearance Procedure Tightening

• This reporter was at the INS local office in Minnesota yesterday with one married couple and learned that a new screening procedure was in place. The security guard thoroughly searched all the carry-ons including female handbags. My female client carried in the handbag "compact" with a mirror and other cosmetic items in a small bottles. She was not admitted until she had to return to her car to empty her handbag of any glass objects. People are advised not to carry such glass objects or any objects with a mirror and other sharp metals in their possession. Apparently, this measure is related to the recent elevation of security alert system to the second hightest.

02/13/03: Both House and Senate Passed Omnibus Spending Bill Thursday 02/13/03

• Late tonight, both the House and the Senate passed the Omnibus Spending Bill, which the President is expected to sign very quickly tomorrow, Friday. As of the late tonight, this reporter was unable to confirm whether the two immigration-related provisions survived into the final bill: Suspension of Special Registration Program and Reinstatement of Immigration Filing Fees. As soon as the information becomes available, it will be posted promptly on this site. Click here for the news.

02/13/03: Transition of Immigration Services from INS to BCIS and Continuing Services for Public Without Disruption

• This website reported quite earlier that DHS had announced that there would be no disruption of services when DHS takes over the INS and people would not be able to see the change as the services would be operated the way it had been operated under the name of the INS. However, apparently, there is a rumor going around that the INS field offices will be closed on March 1, 2003 as the INS will be abolished on that date. The INS has confirmed to the AILA that such rumor is "absolutely false." According to the INS, all of the current INS offices including the Service Centers, local district offices, asylum offices, fingerprinting offices (ASC), and other offices will operate exactly the way they have been operating and at least for quite a while, other than the name change, people will not be able to see any changes including the service officers.
• The INS website has served the immigrant community "superbly" and it appears that the web site will continue the same services under a different web site name. The new name will be www.BCIS.gov. This new web address will not work probably until the transition is completed at the end of this month.

02/12/03: Body-Recognition Technology Recommended for Immigration Use

• Government scientists are recommending a combination of facial recognition and fingerprint scanning as the federal standard for foreigners' identity documents to be issued starting next year.The standards, which were congressionally mandated as part of the USA Patriot Act and a border security act, would be used in all documents issued to foreigners by the State Department and the Immigration and Naturalization Service. Such documents include green cards, student visas and border crossing cards. Read on.
  

02/11/03: Nurses in China Can Take CGFNS Exam in Beijing Starting This Year

• CGFNS has announced that it is opening a new exam center in Beijing, China, beginning with the July 9, 2003 CGFNS Qualifying Exam. The assigned exam center number will be "801." The exam schedules and deadlines are as follows:

• Exam Date	Deadline for Application
  July 9, 2003	April 9, 2003
  November 12, 2003	August 13, 2003

• For other details, visit CGFNS web site.

02/11/03: DHS Confirms Bush $500 Million Immigration Reduction Initiatives "Alive"

• DHS FY 2004 budget plan confirms that he Department is committed to greatly improving immigration benefits to the more than seven million annual applicants. The FY2004 budget continues the President's $500 million initiative to reduce the backlog of applications.
• On a side note, people should be aware that I-485 adjudications are currently improving.

02/08/03: Step Aside "Patriot Act," Here Comes Your More Invasive Brother "Domestic Security Enhancement Act of 2003"(Draft) of Ashcroft

• NSEERS and Special Registration were offsprings of Patriot Act. Now, the Center for Public Integrity site reports that the U.S. Department of Justice drafted Domestic Security Enhancement Act of 2003 behind the scene and will soon push this legislation. This document remains "confidential" at this time. It covers areas which invade farther civil rights of people.
• For the full text and summary of the document, please go to the Center for Public Integrity site and open the 120-page pdf file. People are warned that this document remains confidential.

02/07/03: HHS 2003 Poverty Guidelines

• Poverty Guidelines are critically important for family-based immigration cases as the immigrant petitioner must meet 125% of this guideline income to submit I-864 Affidavit of Support for the relative green card or immigrant visa application. This new guideline is effective today, February 7, 2003 and from today people should prove the income of this new guideline.

02/06/03: Eduardo Aguierre, Jr., Acting Director of Bureau of Citizenship & Immigration Services (BCIS), DHS

• The President has announced today that he intends to designate Eduardo Aguierre, Jr. of Texas, to be Acting Director of the Bureau of Citizenship and Immigration Service at the Department of Homeland Security. He is currently the Vice Chairman and First Vice President of the Export-Import Bank of the United States. Mr. Aguierre previously worked for Bank of America for 24 years. Mr. Aguierre was named "One of the 100 most Influential Hispanics in the Nation" by Hispanic Business Magazine for three consecutive years. He is a graduate of Louisiana State University. For the announcement, please click here.
• Accordingly, immigration services function as well as immigration enfocement function will be headed by the leaders of Hispanic backgrounds. Neither of these leaders has the immigration policy or management background, but the fact that they were brought up in the Hispanic families and communities will help them in understanding immigration issues and need for a new direction. This web site thus wholeheartedly welcome both Mr. Garcia and Mr. Aguierre and look forward to their effective and innovative management of these two important functions of the new Department of Homeland Security.

02/06/03: U.S. To Accept As Many As 12,000 Somali Bantu Refugees

• The United States said yesterday it would proceed with a plan to take in as many as 12,000 Somali Bantu refugees, starting this spring, despite delays in many other U.S. refugee resettlement programs. The Somali Bantus, descendants of slaves from Mozambique and other parts of southern Africa, have been living in camps in northeastern Kenya for most of the past decade because of the violence in Somalia. The State Department said the first group would arrive in the United States in the spring after interviews to find out if they are eligible. Those eligible will then undergo rigorous security checks, medical examinations, literacy training and cultural orientation, it said in a statement. Read on for the news.

02/06/03: Missouri Service Center Processing Times 01/30/03

02/05/03: State Department Proposal Considers to Raise MRV Fees

• Thanks to a reader of this web site, this reporter learned that it was not only the INS filing fees but also Machine Readable Visa fees which might also go up in the Bush budget proposal. According to the proposal of the Department of State, both the PATRIOTAct and the Border Security Act have placed additional, costly requirements upon the State Department to update databases, interview more visa applicants, gather biometric information in the visa interview process and input that biometric information into shared databases, adjudicate a larger number of applications annually, and reduce the amount of consular activities that may be performed by foreign service nationals. Only cleared Americans may perform certain consular tasks. This is all at a time when visa applications have decreased by more than 2 million since 2001, thereby reducing receipts by an anticipated shortfall of $200 million in 2004. In July 2002, there was an increase in the MRV fee from $65 to $100. Rather than request an additional appropriation in 2004, the Administration proposes another MRV fee increase to cover the shortfall. The government is attempting to raise $271 million from the visa fees next FY!
• At this stage, they are asking more money for study of fee increase, but it is obvious that the cost for security and reduced number of visa applications as affected by foreigners staying away from the U.S. will eventually fall on the shoulder of international travellers rather than the American taxpayers. It is just hoped that such action will not create a vicious circle of discouraging further international visitors from visiting this country.
• However, report indicates that Bush eyes new fees to pay for tax cuts and the fee charges will loom up in a number of government services to cover the expenses, not by the tax but the fees! No wonder why the Senate passed a bill to reinstate the INS filing fees! Read on.
  

02/05/03: Omnibus Budget Bill Status

• The Omnibus budget bill has received a special attention from the immigrant community because the Senate passed two provisions which affect the community: One was suspension of the special registration program and the other was restoration of immigration filing fees to those before January 24, 2003. Report indicates that the appropriators hope to be able to conference the omnibus bill as early as Monday, with votes expected in the House Wednesday and the Senate Thursday. The White House is threatening to veto the bill if the President does not get the bill meeting his appetitie. Please stay tuned to this web site for development of this news.

02/04/03: Numbers of Call-In Special Registrations, Numbers in Custody or Status Violation Charges

• According to the Congressional testimony of the INS on January 31, 2003, the status of special registration was as follows as of the date:
  • Total registered: 26,334
  • Total status violation charged: 2,776
  • Total in custody: 84 (included in 2,776)
• For the full text of the testimony, please click here.

02/03/03: Senate Confirmed Gordon England as Deputy Secretary of DHS by 99-0 Votes

• The Senate voted 99-0 Thursday to confirm Gordon England as deputy secretary of the Homeland Security Department. He is expected to play an important role in shaping up immigration services policy since the Director of Citizenship and Immigration Services (BCIS) will operate the adjudication management under the direct command of this number two man in the Department. As we reported earlier, Michael Garcia, current INS Acting Commissioner, has already appointed as Assistant Secretary of Bureau of Immigration and Customs Enforcement (BICE) under the command of Under Secretary of Border and Transportation Secretary. BICE will take over the immigration enforcement function from INS and BCIS will take over the immigration services and adjudication functions from the INS on March 1. The BCIS Director has yet to be appointed.
• People will hear more and more the abbreviations of BICE and BCIS in the future and may want to remember these names of the agencies which will shape the future of immigrants and immigrant community. It is hoped that Tom Ridge appoints for the BCIS Director post a leader who not only enjoys the access to the powerhouse but also has some level of expertise and understanding of the immigration issues and services functions. The field offices desperately need such leadership to reshape into an effective and efficient operations.

02/03/03: Three U.S. Consulate Employees in Mexico Arrested and Charged for Visa Fraud

• According to the complaints filed in federal district court in the Laredo Division of the Southern District of Texas, agents of the Diplomatic Security Service initiated an investigation last year into allegations that Consulate employees were involved in a scheme to provide visas and border crossing cards in exchange for money. Several participants in the scheme are alleged to have admitted their involvement in the scheme. The scheme allegedly involved persons buying visas without required interviews and without determinations that a person was qualified for a visa. Read announcement of DOJ.

02/03/03: Timeframe for DHS Reorganization

• According to the DHS, the involved agencies join DHS on March 1, 2003, but it will take months to fully integrate the agencies. Moreover, the plan is still being developed, and it will take some time to finalize details. The day-to-day operations will not significantly change on March 1, and employee locations, supervisors, salaries and benefits will not change. It sounds that immigration business may experience uncertainty for a period longer than anticipated. For the announcement, please click here.

02/03/03: Impact of Family-Based Immigration on Racial Balance and Sensitive Subject of Family-Based Immigration System Reform

• Family unification is the backbone of the American principles and foundation. However, we are bringing up this subject not from this perspective but from the historical perspective. American history will reflect that when the forefathers of this country started building this country, the flow of immigrants orginated from European countries. At the time, the family immigration system played an important role in bringing from European countries the fathers, mothers, sons, daughters, brothers, and sisters of then just settled U.S. citizens or permanent residents. The same history will reflect that as the time progressed, more and more diverse ethnic groups were brought in, particularly from Asia, and in reverse to this trend, the influx of immigrant relatives from European countries gradually reduced. This reporter does not have to remind readers of the unfortunate events in the American history to restrict immigration of Chinese and openly attempting ethnic and racial balance at certain level. History repeated in the mid 1980s when then Senator Simpson from Wyoming introduced a bill to reduce the quota for family-based immigration, which facing uproar in the minority immigrant community, particularly Hispanic forces failed to materialize. It was no coincidence that the U.S. News & World Report published at the time statistics and projection of ethnic mix of the American population - about 2010, minority population would exceed so-called white population. Readers also saw a similar report in the 2000 Census. With such background, some people accused the legislators that they were attempting to restrict increase of minority immigrant population under the disguide of overall family-based immigration. The reality was, though, the European background Americans were mostly third or many generation-old descendents and even if they wanted to bring their "remote" relatives, they were unable to do it under the family-immigration system in this country. Flip-side of this coin is that most of the people who have, behind their home countries, parents, sisters, brothers, sons, and daughters, are recent immigrants and most of the family-based immigrants were destined to come from these ethnic groups. Consequently, restriction to the current family-based immigration system can in fact result in the purpose of restricting immigration of these ethnic groups.
• In the present historical context, the subject of reform of family-based immigration system should be handled very cautiously. It can be taken advantage of by some segments of American population that advocate racial/ethnic balance policy. This is something the immigrant community should constantly keep eye on, especially Hispanic community. The reform can be presented in various forms and in most cases the advocates may miss the implication of such reform on the touchy racial/ethinic restriction issue.

02/02/03: Removal of Visa and Passport Waiver for Certain Permanent Residents of Canada and Bermuda

• Effective March 17, 2003, residents of Canada or Bermuda having a common nationality with Canadian nationals or with British subjects in Bermuda will be required to present a valid passport and visa when applying for admission to the United States. Nationals of Ireland and British Commonwealth countries, who reside in Canada, will be affected by this change. The Service is taking this action, revoking the prior passport and visa exemption for these individuals, in conjunction with the Department of State. This rule is intended to increase security and safeguard the United States. For this interim rule of the INS, please click here. See also Department of State rule which was simultaneously released to implement this change.
• The residents of Canada and Bermuda listed below will be affected by this rule unless they are also listed as a separate visa waiver program country:
  • British Commonwealth Countries: Antigua and Barbuda, Australia, , Barbados, Belize, Botswana, Brunei Darussalam, Cameroon, Cyprus, Dominica, Fiji Islands, Ghana, Grenada, Guyana, India, Jamaica, Kenya, Kiribati, Lesotho, Malawi, Malaysia, Maldives, Malta, Mauritius, Mozambique, Namibia, Nauru, New Zealand, Nigeria, Pakistan, Papua New Guinea, Samoa, Seychelles, Sierra Leone, Singapore, Solomon Islands, South Africa, Sri Lanka, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Swaziland, The Bahamas, The Gambia, Tonga, Trinidad and Tobago, Tuvalu, Uganda, United Kingdom, United Republic of Tanzania, Vanuatu, Zambia, and Zimbabwe.
  • Visa Waiver Program Countries: Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, the United Kingdom, and Uruguay. The United Kingdom refers only to British citizens who have the unrestricted right of permanent abode in the United Kingdom (England,
    Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of Man); it does not refer to British overseas citizens, British dependent territories' citizens, or citizens of British Commonwealth countries.

Accordingly, for instance, the Indian landed immigrants in Canada will no longer enjoy the visa and passport waiver privilege.

02/01/03: DHS Renames Bureau of Border Security to Bureau of Immigration and Customs Enforcemen t (BICE)

02/01/03: AILA Washington Update 01/31/03

02/01/03: A California Service Center Contract Worker Manager Indicted for Shredding Thousands of Documents

• There was an extremely disturbing news reported in the New York Times, Nation section, 01/31/2003, that the California Service Center contract manager ordered shredding of tons of files and documents and criminally indicted. Read on. If you cannot open it, please visit http://www.nytimes.com/2003/01/31/national/31FILE.html?tntemail0.
• INS responses to the federal indictment.

01/30/03: President Announced His Intention to Nominate Michael Garcia as Assistant Secretary of Border Security, DHS

• As this web site predicted, the President today announced his intention to nominate Mr. Michael Garcia, current Acting Commissioner of INS as Assistant Secretary of Border Security, Department of Homeland Security. Mr. Garcia will be in charge of immigration enforcement under the supervision of Mr. Asa Hutchinson, Under Secretary of Border and Transportation Security. For the announcement, click here.
• The President has yet to name the Director of Citizenship and Immigration Services which will take over the current immigration adjudication functions from the INS. The Director of BCIS will report directly to the Deputy Secretary of DHS, Gordon England, the number two leader for the new Department.

01/30/03: 79,100 Out-Of 195,000 H-1B Numbers Used FY 2002

• The INS has yet to release the official statistics, but the private sources, ComputerWorld web site has reported that the H-1B cap numbers which were used until the end of September, 2002 (FY 2002) were only 79,100, reflecting the poor economy, high unemployment rate, U.S. employers' reluctance to hire foreign workers, and the government restrictions on hiring foreign workers for certain occupations for the security issues. As we have reported, the Service Centers have been processing mostly unskilled temporary worker categories and the professional category of H-1B cases has been suffering from the processing delays. The impact of this trend and statistics on the country's long-term economy and international competition has yet to be assessed.

01/29/03: INS Announced SEVIS "Grace Period" Until 02/15/2003

• INS will accept the paper forms until February 15, 2003. After the deadline, unless the forms are issued through SEVIS, the INS will not accept such forms including I-20. Read on.

01/29/03: More Countries Issue ID Cards to Mirror Mexican Practice Issuing ID Cards to Mexicans in the U.S.

• Known as "matricula consular cards," the digitally-coded documents are being used by Mexican nationals in the United States as legal forms of identification, giving the holders the ability to apply for social services, open bank accounts, cash checks, sign lease and rental agreements, and board airplanes. Reportedly, Guatemala, Honduras, Poland, Peru and El Salvador, aware of Mexico's success in getting identification cards to its citizens in the United States, including those here illegally, have begun or are considering issuing cards of their own. Last week, the General Services Administration suspended recognition of the cards at federal facilities pending an investigation. The GSA said once the probe is completed, a recommendation would be made to federal law enforcement and security agencies to ensure the cards' integrity and security. Read on.

01/29/03: INS Notice of Implementation of Class Action Judgment in Proyecto San Pablo v. INS

• The INS published this notice to implement the class action judgment in Proyecto San Pablo v. INS, No. Civ 89-456-TUC-WDB (D.Ariz.) by notifying aliens who applied for legalization under section 245A of the Immigration and Nationality Act (Act), 8 U.S.C. 1255a. This notice is necessary because neither the class counsel nor the INS has reliable information concerning the names and addresses of class members.
• This notice applies to your case if you meet each of the following requirements:
  (a) You filed an application for legalization under section 245A of the Act during the period that began May 5, 1987, and ended May 4, 1988;
  (b) You filed this application with a legalization office in the former Northern or Western region of the Service (that is, in: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington (State), Wisconsin, or Wyoming);
  (c) The Service denied your application for legalization or terminated your temporary residence under section 245A(g)(2)(B)(i) of the Act because, at some time during the period beginning before January 1, 1982, and ending on the date you filed your legalization application, you were ``outside the United States as a result of a departure under an order of deportation.''
  

01/29/03: INS Final Rule On Release of Information Regarding INS Detainees in Non-Federal Facilities

• The INS published this rule as an interim rule with request for comments on April 22, 2002. 67 FR 19508. Today the INS published this rule as a final rule without any amendment to the interim rule. This final rule governs the public disclosure by any state or local government entity or by any privately operated facility of the name and other information relating to any immigration detainee being housed or otherwise maintained or provided service on behalf of the INS. This rule establishes a uniform policy on the public release of information on Service detainees and ensures the Service's ability to support the law enforcement and national security needs of the United States.
  

01/28/03: INS Launches a Massive Campaign to Seeks Out Applicants for LIFE Legalization Benefits

• INS has just launched a massive campaign to seek eligible LIFE legalization aliens, most of whom are considered Mexican. The eligible aliens will be granted a lawful permanent resident status. The deadline for filing such application is "June 4, 2003." For the details of threshold requirement for eligibility and other matters, please click here. To read in Spanish, please click here.
• Fact Sheets in English and Spanish on LIFE benefits are also available online.

01/28/03: Confusion, Confusion! Provision to Reinstate Immigrant Fees Tucked Into Senate Omnibus Bill

• We have already reported that the U.S. Senate tucked into Omnibus budget bill the special registration funding cutoff for the U.S. Department of Justice. Now, report indicates that another provision in the Senate Omnibus budget bill for the U.S. DOJ will reinstate the old INS filing fees which they changed on January 24, 2003! We will have to wait and see whether both Houses will pass the Senate version, but if it does, the fee reduction will become one of the shortest living animal in the immigration business, not to mention the anticipated confusion in the immigrant community and for that matter, the INS itself. Simply amazing!!!!!
• Until a firm legislation is passed, the people should keep paying the INS filing fees per the new filing fee schedules which took effect on January 24, 2003.

01/27/03: Congress to Decide the Fate of Special Registration Hopefully Next Week

• AILA has reported that the Senate passed omnibus budget bill which will suspend funding for the controversial National Security Entry-Exit Registration System, that includes the special registration. However, the House bill does not include this provision and the House and Senate will have to resolve differences between the two bills. AILA expects that the House and Senate conference will take place next week. Recently, AILA demanded to repeal the special registration system and this reporter, in individual capacity, called the Congress to mend the flaws in the special registration legislation. We reiterate our call for the House to act on this seriously flawed special registration system by agreeing to the Senate bill. Please stay tuned to this web site for this important development. Read also Washington Post news.
  

01/27/03: FBI Launches Hunt for 3,000 Iraqis in the U.S.

• News report indicates that the FBI has launched a concerted search for at least 3,000 illegal Iraqi immigrants who have gone missing while visiting the United States and are among those being sought for voluntary interviews. The government suspects that those who have disappeared from the government's view could be agents of the Iraqi regime. It is unclear whether these numbers reflect those Iraqis who failed to appear for the special registration. Reportedly, there are 50,000 Iraqis who entered the U.S., most of whom were refugrees. This presents a new angle of the consequences of failure to appear for special registration other than deportation and criminal consequences for those nationals of so-called sponsors of terrorism. The question remains, though, whether they have disappeared because of their support for terrorism or fear of arrest and deportation. Part of the blame should go to the failure of so-called Call-In Special Registration which focused on immigration enforcement resulting in no-shows. This web site raised this issue from the beginning and even called the Congress to act on the flawed Call-In Special Registration System which slapped the face of the legislative intent (fight terrorism).

01/27/03: INS Terminates Angola TPS Designation Effective 03/29/03

• The designation of Angola for TPS is terminated effective March 29, 2003. After that date, aliens who are nationals of Angola (and aliens having no nationality who last habitually resided in Angola) who have had TPS under the Angola program will no longer have such status. For the details, read the announcement.

01/27/03: INS Instructions on INS Filing Fee Changes and Compliance

• The INS instruction indicates that the public should comply with the new fee schedules which became effective on January 24, 2003, but if people had already sent out filing with old fees, the INS would still accept such filing and refund the difference. It appears that the INS would accept those applications which were mailed out on or before the effective date of the new fee schedules and there is a risk that filings received after certain date would be rejected for failure to enclose the correct fees. Please be careful.
• INS Forms and Fees site has updated the fee schedules and people should check with the INS site for the correct filing fees!

01/27/03: DHS Updates U.S. - Canada Smart Border/30 Point Action Plan

• Very succinct summary of international cooperation agreement between the U.S. and Canada for international terrorism fight across the Northern Border.
  

01/25/03: Senate Confirmed Asa Hutchinson, Under Secretary of Border & Transportation Security

• The U.S. Senate unanimously confirmed Asa Hutchinson as the first Under Secretary of Border and Transportation Security of DHS. The Assistant Secretary of Bureau of Border Security will report to the Under Secretary of Border and Transportation Security. We wonder whether the current Acting INS Commissioner, Michael Garcia, may be nominated to the Assistant Secretary of Bureau of Border Secretary which will be responsible for immigration enforcement functions.
• The second highest leader in DHS, Deputy Secretary Gordon England is also expected to be confirmed by the Senate next week. As people know, the Bureau of Citizenship and Immigration Services which will taken over the current INS adjudication functions including Service Centers will come under his direct control. The Director of BCIS has yet to be named by the President. The Reorganization Plan, however, indicates that the Director of Citizenship and Immigration Services was scheduled to be appointed by January 24 and the Assistant Secretary of Bureau of Border Security was scheduled to be named before January 24, 2003 as well. It is thus likely that these two positions will be named by the President in the very near future. The entire functions of the current INS will be taken over by the DHS on March 1, 2003.
• For Who's Who in the DHS leadership, please click here.

01/25/03: U.S. Rushes Citizenship for Alien Servicemen

• Members of the armed services need not be U.S. citizens. Enlisted personnel about to be deployed commonly request and receive speeded-up citizenship applications, said Tim Counts, a spokesman for the U.S. Immigration and Naturalization Service, according to the news.

01/25/03: Librarians Upset Over Monitoring Law To Monitor What One Reads

• The increased intrusion into academic community by the government for terrorism fight collides with the academic freedom touching the nerve of the academic institutions. Read on.

01/25/03: Report of FBI Enlisting Campus Police for Terrorism Fight

• Washington Post reports that federal authorities have begun enlisting campus police officers in the domestic war on terror, renewing fears among some faculty and student groups of overzealous FBI spying at colleges and universities that led to scandals in decades past. Read on.

01/25/03: DHS Scheduled to Start Immigration Services on March 1, 2003

• The Secretary of DHS announced that the DHS would start the immigration adjudications and services function on March 1, 2003. Pending the transition, the adjudications of nonimmigrant and immigrant cases at the field offices have remained de fact halt or at snail pace. Despite the INS HQ announcement that I-485 freeze had been lifted, the Service Centers' processing times reports reflect that EB-485 remains at halt except a handful of cases that have been transferred to the local district offices. Additionally, for an unknown reasons, the Service Centers have been adjudicating non-skilled workers cases for both I-140 (EB-3GW) petitions and I-129 nonimmigrant petitions (such as H-2A and H-2B) and the immigrant and nonimmigrant petitions for professional occupations such as I-140 in EB-1, EB-2, EB-31 and I-129 (H-1B) show a snail-pace of adjudications.
• There is no confirmed information about the sources of this continuing freeze or halt or snail-pace adjudication of certain types of cases, but it is obvious that certain types of cases, especially I-485, I-129 H-1B, I-140, will not move ahead in a speed which the immigrant community wants to see pending the transition. Apparently, such dragnet is not limited to the Service Centers. Reportedly, the on-going special registrations take away a substantial amount of the local INS district offices' adjudication resources, and probably until the special registration is over on March 28, 2003, the adjudication at the local district offices is also expected to experience a substantial slow-down.
• One good news is looming up, though. Unconfirmed sources indicate that the family-based I-130/I-485 and naturalization cases will be taken away from the local district offices to the Missouri Service Center as early as June 2003. Currently these cases are filed at the local INS district offices. Once this change takes place, the local district offices' function may be restricted to interview and fingerprinting when it comes to the immigration services function. The nationalization of processing of the family-based green card applications and naturalization applications will at least remove a long line of people on the ground of the government buildings in the dawn and in the cold and in the heat.

01/24/03: Birth of DHS and Web Site for Public

• As DHS opened the new federal agency, DHS started operating its web site for public. The web site is up and running! Click DHS Web Site. Report indicates that the DHS revised the figure of the number of employees from 170,000 to 190,000. Wow! What do you know?

01/24/03: New INS Filing Fees Effective 01/24/2003

01/23/03: Secretary of State Cable to Visa Posts on Technical Alert List Update Affecting Foreign Scientists Visa Applications

• The Secretary of State Colin Powell issued a diplomatic cable to the U.S. visa posts throughout the world advising update of Technical Alert List and Critical Fields List and requiring clearance with the Department for certain aliens who apply for a visa. The TAL is intended to ensure that certain technologies do not go into the hands of certain countries. This list has been in place for a number of years. However, in light of the 9/11 incidents, the Department intends to intensify clearance process for those visa applicants who will deal with certain Critical Fields of technology and science. Please click here to read the cable.

01/22/03: Foreign Scientists Stranded by Post-9/11 Security Concern

• Please read the Wall Street Journal to learn how the foreign scientist are stranded and suffering from the security concerns.

01/22/03: INS Local District Offices Processing Times as of 12/02

01/22/03: Senate Confirmed Tom Ridge, New Secretary of DHS

• The U.S. Senate unanimously confirmed the appointment of Tom Ridge as the Secretary of Department of Homeland Security. The DHS will be officially born this Friday, January 24, 2003 with the Secretary. Asa Hutchinson, nominee for the Under Secretary, Border and Transporation Security of DHS, is also expected to be confirmed by the Senate in time for the birth of the new DHS. Read on.

01/22/03: Mexican Consular ID Cards No Good For Access to Federal Buildings For Now

• Since there was a report a few days ago that the Mexican government started issuing a massive number of so-called "matricular consular" ID cards which have been accepted by the banks, government offices, and other entities as an ID even for illegal aliens, the Bush administration has been under pressure to look into situation carefully. Report indicates that the Government Service Administration (GSA) issued an order of suspension of federal offices accepting such Mexican consular ID card for their access to the federal buildings throughout the country. The GSA suspension means the cards will no longer be accepted for identification purposes at federal facilities, including the Phillip Burton Federal Building in San Francisco, where House Minority Leader Nancy Pelosi, California Democrat, endorsed a four-month pilot program last month authorizing acceptance of the cards as legitimate forms of identification.
  

01/21/03: Hispanics Now Outnumber Blacks in the U.S: Any Immigration Implication?

• According to the news report, Census indicates that the Hispanics now outnumber blacks, surpassing the blacks' power. The Hispanics now number 37 million. Considering the fact that regularization or legalization of illegal immigrants has been taken a top priority issue for the Hispanics and Mexico, something may loom up down the road as related to the illegal immigrant issues. Watch the lips and eyes of politicians.

01/21/03: State Conrad Program Web Site Links for International Medical Graduates

01/17/03: September 30, 2003: Turning Point for H-1B Professionals, Employers, and Religious Workers

• At the end of September 2003, the annual cap for H-1B visas will return to 65,000 and the religious worker immigration other than Minister will sunset and no religious workers will be able to come to work in this country unless the Congress passes an extension legislation. Since the employment of foreign workers is currently stagnant because of the poor economy and government restrictions, people may take the upcoming change as 'no big deal.'
• However, this is the time for the U.S. employers and foreign students to plan for their future. The figure of 65,000 is a small number considering the fact that there will still be employers and businesses that will have to rely on the high caliber foreign professionals. Another constraint which they will have to factor in is the processing delays. It is not likely that the Congress and the White House will favor increase of quota as the poor economy is expected to stay there for a while.

01/17/03: Some Statistics of Special Registration

• According to the news report which is gathered through the INS officials, requesting anonymity, immigration authorities have fingerprinted and processed more than 54,000 aliens, and detained 330 of them on a wide range of criminal violations, since last fall.
• In addition, 23,414 men already in the United States from the list of selected countries have stepped forward for registration on the domestic program. Of 1,169 men who were detained at least temporarily, only 164 currently remain in custody officials said. The sources also indicate that the agency is somewhat surprised that the turnout of special registrants exceeded their expection. For the full story, please click here.

01/17/03: High Unemployment Rate, 485 Processing Backlog, and INS Request for Evidence of Employment

• From the perspective of the INS, the continuing existence of petitioned employment or a new same or similar job as defined in AC 21 is a condition for adjudication of EB-485. When the nation's economy was good and unemployment rate was very low, the INS paid little attention to the evidence of such employment at the time of adjudication of EB-485 even if a substantial period had elapsed since the initial receipt of the EB-485 application. Therefore, people rarely faced RFE from the Service Centers requesting such evidence immediately before they adjudicate EB-485.
• Now, the country's economy is really bad, producing massive unemployment. On top of the high unemployment rate, the processing of EB-485 takes much longer than it used be because of the security check, temporary freeze of 485 adjudication, and agency transformation. It appears that the INS is conscious of the problem of unemployment of EB-485 applicants, as exacerbated by the processing delays. Some of the EB-485 applicants may find in the mail RFE requesting such evidence.
• Such mail will bring a mixed bag. It should be taken as a good news in that the INS is at least processing and adjudicating EB-485 applications. It is bad news in that such RFE will create another delays. It appears that some of the cases are transferred to the local offices that can verify such evidence at the interview. The situation reminds of the nightmare involving CIA clearance problems one time which created a mountain of EB-485 applications backlog, during which the validity of fingerprint expired (which is good only for 15 months) and the INS had to reschedule and process refingerprinting. This vicious circle created the EB-485 processing times not less than 24 months!
• We certainly realize that the INS has a job to do under the law to prevent frauds. However, the situation can be better handled than RFE or transfer, which will further exacerbate the processing backlog problem. The INS may rather revive the earlier practice suggesting the EB-485 applicants to submit such evidence voluntarily and proactively. It will make more sense under the circumstances. Additionally, it will disappoint the EB-485 waiters less who had to endure the pain of the recent adjudication freeze or halt and are currently in full of expectation that their cases be adjudicated soon!

01/16/03: Expanded SENTRI in Southern Border (San Diego)

• The Attorney General and the Acting INS Commissioner cut the the Ribbon on January 14, 2003 to open expanded enrollment office serving the nation’s largest dedicated commuter lane (DCL) program in San Diego. The new enrollment center will enable the INS to boost the number of motorists being processed for participation in the local SENTRI (Secure Electronic Network for Travelers’ Rapid Inspection) program by almost 30 percent. Currently, there are more than 26,000 motorists enrolled in the San Diego-Tijuana area SENTRI program. In an average month, the dedicated commuter lanes at the San Ysidro and Otay Mesa ports-of-entry log more than 180,000 crossings. For the INS announcement, please click here.

01/16/03: INS Published Notice Designating Group IV Call-In Special Registration Countries and Requirement

• This notice will take effect on February 24, 2003. For the details, please read the regulation. People may also want to revisit our posting yesterday for the summary.

01/16/03: INS Published Notice Extending Groups I & II Special Registration

• As reported yesterday, the INS published today this notice. The notice takes effect on January 27, 2003. Those who missed the registration can appear for registration before February 7and such registration will be considered "timely."

01/15/03: Upcoming Group IV Special Registration Countries: Egypt, Kuwait, Jordan, Indonesia, Bangladesh

• AILA reports that the next special registration countries designation notice will be published tomorrow and the notice will include Egypt, Kuwait, Jordan, Indonesia, and Bangladesh. As soon as the notice is published tomorrow, this web site will post it.

01/15/03: Group I and Group II Special Registration Period To Be Extended to February 7, 2003

• AILA has reported that the INS will publish a notice tomorrow extending the registration period for the Group I and Group II registrants to a period between January 27, 2003 and February 7, 2003. This extension will take care of the concern this web site raised in the previous posting which related to the INS web site error and its consequences on certain aliens.

01/15/03: Arabic Group 2 Call-in Special Registration Information Correction by INS and Legal Defense

• INS web site has just posted corrected Arabic version of Group 2 Call-In Special Registration information. This web site does not have capability to confirm whether this new Arabic version is correct. This web site previously reported that there had been error in the cut-off date for requirement of special registration for the Group 2 (13 countries) Call-In Special Registration.
• However, the Group 2 registration deadline was January 10, 2003 and the corrected information should be taken as after-the-fact correction. In this regard, this web site will repost the legal issues for those who have acted or failed to act in reliance on the previous INS information in error:
  • "Important Reminder: The call-In Special Registration is required for the Group II and Group III only if they last entered the U.S. with inspection as a nonimmigrant on or before 09/30/2002. According to the AILA, the Arabic version of INS web site notice which has been widely disseminated in those alien communities allegedly stated "on or after 09/30/2002," which is an error. The INS web site now reportedly removed this Arabic version notice. But this error will create two problems. First, there will be some people who had entered before 09/30/02 and in reliance on this notice could have failed to report within the registration period. These people should immediately contact with a legal counsel to deal with the problem. The INS should punish only those who willfully failed to report for the special registration. Second, there will be some people who had entered the U.S. after 09/30/2002 and should not have been required to report for special call-in registration but could have appeared for special registration in reliance on this erroneous notice and faced detention and deportation consequences. These people should also immediately seek legal counsel to deal with the problem!!!!"

01/15/03: Federal Court Barred Deportation of Somalis

• The lawyers for Somalis succeeded in arguing and winning in a federal court in Seattle that because of the political situation in Somalia, the deportable Somalis should not be deported to their home country. Apparently there are a fairly large number of Somalians who face the deportation orders and this order gives a relief at least for the time being. Without doubt, the U.S. Department of Justice will appeal the decision. Read on.

01/15/03: Minnesota Legislation To Automatically Cancel Driver License for Nonimmigrants on Status Expiration Date

• Minnesota legislature is poised to pass a legislation to automatically cancel the driver license upon expiration of nonimmigrants' visa/status. A similar bill was introduced and failed last year, but with the Republican majority in the House, it is expected that this bill will pass the legislature with no strong opposition. Driver license means more than a privilege to drive for the nonimmigrants as it is required for bank accounts and a host of other applications. Read on.

01/14/03: AILA's Washington Update 01/14/03

01/13/03: INS Special Registration Questions As Obtained by the AILA

01/12/03: Dilemma of Special Registration System and Call for Congress Action!!

• As this reporter raised it quite earlier on this web site, the so-called Entry-Exit Control legislation was motivated by the 9/11 incident and subsequent need to fight the terrorism. In enacting the legislation, the Congress has given the Administration a broad authority over dual mandates without clear guidelines: Prevention/detection of terrorists and control of entry/exit of criminal/illegal aliens. A close review of these mandates reflects that the new legislation may work fairly well when it comes to the mandated tasks at the port of entry. For the incoming aliens, the Constitution has traditionally treated them differently from those who live in the country. Accordingly, from the standpoint of fairness and equal treatment of different alien groups, the harm from selecting certain nationalities for the dual purposes of terrorism intelligence monitoring and immigration law enforcement may offend less the foundation of the principle of the Constitution of the nation when it comes to the border control.
• The problem lies with the so-called "Call-In" Special Registration Requirement for aliens who have been already residing in the U.S. Without doubt, the special registration is somewhat justified when it comes to the need for the nation to gather intelligence and monitor certain group of nationals because of the on-going fight against the international terrorism. However, the nation can no way justify to select only certain nationals and treat them differently from all other immigration violators in the enforcement of immigration laws. Selective prosecution without constitutional justification flies the face of the foundation of a democratic system. If the country needs to reinforce immigration enforcement for whatever reasons, call-in registration should be required for all the nonimmigrants no matter what their nationalities are. Call-in registration for selective nationals should be condemned if the purpose lies with the immigration law enforcement.
• Dilemma is current INS system. The INS shoulders itself with the dual functions: Special registration of selected nationals for the purpose of intelligence gathering and monitoring and immigration violation enforcement. The INS HQ guidelines which was released in the late November 2002, under which the field offices have been operating the special registration duties, reflect that the registration officers are first required to gather information from the registrants and should the officers detect the registrant's immigration status violation, they are required to refer the registrants to investigators for investigation and enforcement action. Obviously, in this process, the interviewing officers and investigators are given authority to exercise discretion not to initiate enforcement action, should he/she find that the alien's legal status can be somehow reinstated and the alien has a legitimate ground to obtain legal status. Unless he/she finds such room for discretion, the investigators and the enforcement officers face a predicament in that the officers cannot abandon their duties under the law to enforce the laws when the officer is clearly equipped with the knowledge of the aliens' violation of the laws. At this point, the officer is probably performing the duties not as a special registration officer but as a law enforcement officer. However, should they perform the enforcement function against these registrants, it results in selective prosecutions against certain nationals, not to mention infringing these nationals' contitutional rights against self-incrimination. The attorneys are also currently facing this dilemma when they face a special registration client who is out of status.
• The dilemma should be quickly fixed by the Congress. The Congress should quickly pass a law which is similar to the illegal alien amnesty law in early 1980. In order to encourage illegal aliens coming out of closet, the legislation devised a safety net which provided that the information provided by the aliens relating to the illegal status should be shielded from the enforment officers within the INS so that aliens can comfortably come forward to register for amnesty program and at the same time, they are not selectively prosecuted for coming foward disclosing violation of immigration laws. In the context of the special registration, the law may provide a similar safety net, but unlike the amnesty situation, the INS will not be precluded from enforcing the immigration violations for the same aliens if they get caught in the INS' normal enforcement activities. For instance, such alien can be caught by police for traffic violation and taken to a police station that normally contact with the INS if the name indicates that the suspect is an alien. Or a caller may contact with the INS reporting the illegal status of the alien. However, the law should disallow the INS to enforce the immigration violation based solely on the information collected during the special registration process.
• This reporter urges the Congress to act quickly so that the INS or new DHS can focus on the tasks of homeland security and fight on international terrorism using information gathered through the special registration. Such legislation will also be able to correct the current flawed special registration system that touches the nerve of the fundamental foundation of the nation's Constitution, selectively discriminating people purely on nationalities. No Congressladies or gentlemen will support use of special registration that gives appearance of 'ethnic cleansing.'
• Congress, you are the one who created this mess. The INS does not have a legal authority to fix and solve this dilemma under the current law!

01/12/03: 245(i) and Immigration Enforcement in Special Registration

• Section 245(i) is not a provision which saves the qualified aliens from illegal status. It just allows the qualified aliens to file I-485 applications once the underlying petition is approved. Therefore, until I-485 is physically filed, the alien remains illegal alien even if 245(i) grandfathered labor certification is pending or approved or even I-140 immigrant petition is pending or approved. In employment-based immigration, since I-140/I-485 concurrent filing rule permits the aliens to submit I-485 immediately upon approval of the labor certification application, people can minimize facing deportation action by filing the concurrent petition/application as quickly as possible. Attorneys report that the INS field offices appear to go strictly by the law book and unless the special registrant produces I-485 Receipt Notice, they tend to detain and initiate enforcement action. Please remember the rule that it is not 245(i) eligibility itself but I-485 filing that makes the alien's status 'in status' pending adjudication of I-485. Accordingly, any assertion before the immigration enforcement officers that 245(i) grandfathered labor certification is pending or even approved and therefore the alien should be exempted from the immigration violation enforcement will not save him/her from detention or deportation action by the immigration enforcement officers in the special registration process. Important to remember!

01/11/03: Special Registration Scenes on the Deadline Date 01/10/03 as Reported by Media

• Unlike the Group I deadline date registration scenes, particularly in California, media reflects much toned-down handling of registrants with a very small number of arrests or none in each District Office. The INS spokesman disclosed to the media that HQ had taken a measure to prevent the California experience in the Group I registration process. Here are some sample reports in a few cities:
  • Detroit
  • Los Angeles
  • Atlanta
  • Houston
  • Baltimore
  • Washington, D.C. Metro
  • San Francisco
  • Minneapolis
  • Philadelphia

Updated 01/10/03: INS 485/Citizenship Adjudication Halt Lifted!

• People who visited the INS Online Case Status Check yesterday must have noticed that the INS had resumed adjudication of 485 cases and naturalization cases. This is also confirmed by the AILA that it received a notice from the INS HQ that the halt had been lifted. What a terrific news!
• It is expected that a large number of cases be approved at both District Offices and Service Centers in the coming weeks. Please keep checking status of your case online!!

Updated 01/10/03: Federal Judge in Califonia Denied Temporary Restraining Order To Block Arrests and Deportation of Special Restrants

• We reported that a lawsuit was filed by civil liberty groups in the federal court in Los Angeles seeking restraining order to stop INS from arresting and launching deportation proceedings for those who appeared for special registration. We also reported that the hearing was rescheduled pending assignment of a new judge who had the record of denying such motion. On Thursday, the U.S. district judge declined to issue such an order blocking implementation of the registration. The lawsuit was brought after the massive arrest of Iranian Special Registrants in L.A. area by the L.A. INS District Office. Read on.

Updated 01/10/03: U.S. Suspends Entry of Iraqi Refugees

• The United States has suspended the entry into the country of several hundred Iraqi refugees who had already received security clearances, refugee agencies said on Friday. Reportedly, between one and two million Iraqis were believed to have fled the country to avoid persecution. Some 250,000 to 300,000 were in Jordan and 200,000 in Iran. Hundreds of thousands of others were internally displaced, living in the Kurdish-controlled region in the north or in marshlands in the south of the country. Read on.
• This action is somewhat contradictory to the current U.S. attempt to encourage the leaders in Iraqi military and scientists to jump ship from Saddam Hussein promising their safe haven outside Iraq.

Updated 01/10/03: PERM News Again

• The PERM program has been pushed off so many times that we want to leave to the readers whether they should rely on this latest news. According to the AILA, the PERM Interim or Final Regulation will be published in April 2003 and will be implemented in July 2003. Hmmm.......We'd better wait and see!

Updated 01/10/03: Pakistanis Flee in Fear of Special Registration

• We reported earlier that some people are fleeing from the U.S. across the Northern border to seek asylum in Canada, but the latest report indicates that more people are deciding to return to their home country. The current situation apparently creates a crack politically between the two allies, the United States and Pakistan.

Updated 01/09/03: Mexico Foreign Minister Offered Resignation Over U.S.-Mexico Immigration Policy Frustration

• Several analysts close to Castañeda said he wanted to step down largely because he had grown frustrated with the job, particularly over the administration's failure to win concessions from Washington over immigration policy, Mexico's number one foreign policy priority. Read on.

Updated 01/09/03: AILA Stands Up Against Special Registration

• AILA Urges Repeal of Special Registration
• Case Samples of Special Registration
• AILA Report of Office-By-Office Special Handling
• Important Reminder: The call-In Special Registration is required for the Group II and Group III only if they last entered the U.S. with inspection as a nonimmigrant on or before 09/30/2002. According to the AILA, the Arabic version of INS web site notice which has been widely disseminated in those alien communities allegedly stated "on or after 09/30/2002," which is an error. The INS web site now reportedly removed this Arabic version notice. But this error will create two problems. First, there will be some people who had entered before 09/30/02 and in reliance on this notice could have failed to report within the registration period. These people should immediately contact with a legal counsel to deal with the problem. The INS should punish only those who willfully failed to report for the special registration. Second, there will be some people who had entered the U.S. after 09/30/2002 and should not have been required to report for special call-in registration but could have appeared for special registration in reliance on this erroneous notice and faced detention and deportation consequences. These people should also immediately seek legal counsel to deal with the problem!!!!

Updated 01/08/03: Schedule A Foreign Nurse Immigration and INS/DOL Policies

• Foreign nurse can immigrate to the U.S. without labor certification if they are qualified under the Schedule A in DOL regulation. Foreign nurses are eligible for Schedule A if they satisfy, among others, that either they have a unrestricted state license issued by the state where they will be employed or they passed and obtained CGFNS Certificate. These foreign nurses can file I-140 immigrant petition without labor certification.
• On December 20, 2002, the INS issued a memorandum that for the purpose of Schedule A determination, even if the actual license has not been issued to the foreign nurses because of the unavailable social security numbers, the foreign nurses may be considered eligible for I-140 immigrant petition on the two conditions: (1) They passed NCLEX-RN examination, and (2) they present a letter from the state of intended employment that the alien is eligible to be issued a license to practice nursing in that state.
• Close review of this memorandum indicates that the impact of this memorandum is very limited for the reason that except a handful of states, most of the states require CGFNS Certificate on top of the NCLEX-RN passage as the threshold requirement for state RN licensing. Accordingly, in these states, even if the alien passed NCLEX-RN examination, the states will not be able to issue a letter that the alien is eligible to be issued a license to practice nursing in their states unless the alien also submits the CGFNS Certificate.
• Currently, there are three Groups of States when it comes to the RN licensing requirement:
  • Group A: Neither CGFNS Certificate nor CGFNS credential review is required for state licensing. In such a state, NCLEX-RN satifsfies the requirement. There is only one state in the United States that does not require any action by the CGFNS. It is California. Nevada can fall under this group if the state decides to waive the CGFNS credential review. The state licensing rule states that a foreign nurse can be licensed with or without the CGFNS review depending on the outcome of their own review and decision.
  • Group B: There are three hybrid rule states that do not require the CGFNS Certificate per se, but requires the CGFNS credential review for a foreign nurse to be licensed in these states. They are Georgia, Florida, and New York.
  • Group C: All other states require CGFNS Certificate, and passage of NCLEX-RN is not enough to be eligible for a state license.
• So, reality is that the benefit of the INS memorandum is limited to the following foreign nurses when it comes to eligibility for I-140 petition:
  • Group 1: Foreign nurses seeking employment in California. They can file I-140 without Social Security Number and CGFNS Certificate if they passed NCLEX-RN.
  • Group 2: Foreign nurses seeking employment in Georgia, Florida, and New York. They can file I-140 without Social Security Number and CGFNS Certificate if they passed NCLEX-RN and obtained CGFNS Credential Review Statement.
  • Group 3: Foreign nurses seeking employment in Nevada, who can get a waiver of CGFNS review. They can file I-140 without Social Security Number and CGFNS Certificate if they passed NCLEX-RN.
  • Group 4: Foreign nurses in the remaining state who obtained CGFNS Certificate and NCLEX-RN, but without social security number.
• However, the foregoing analysis is more or less academic rather than practical in that a foreign nurse does not have to seek NCLEX-RN examination to file Schedule A I-140 petition inasmuch as he/she has CGFNS Certificate. Consequently, at least at this time, the benefit of this INS memorandum will be limited to those foreign nurses who are seeking employment in California, and with a limited extent, those seeking employment in Nevada, Georgia, Florida, and New York.

Updated 01/07/03: 108th Congress in Turf War For Oversight Authority Over DHS

• As the Congress convened at noon today for the 108th Congress, it faces an internal struggle for reorganization of committees and subcommittes in the both Houses as the existing committees that were structured to exercise oversight authorities over 22 federal departments will have to be scrambled into certain new oversight authority for one agency, a dragonian DHS. Some people are concerned that the Congress' oversight reorganization authority job is as dragonian as the task of DHS to bring in 22 departments, and the Congress's oversight authority may be weakend and compromised, leading to insufficient exercise of oversight authority when it comes to protection of civil liberty. Read on. For Select Committee, please click here.
• The President also sent nominations of Tom Ridge as Secretary and England as Deputy Secretary to the Congress.
• Washington Post reports that the DHS is expected to announce the location of DHS HQ site within next two weeks and the top three candidates at this point appear to be: (1) 15036 Conference Center Dr. in Chantilly. The 275,000-square-foot site, now vacant, was acquired late last year by investment firm Carr Capital. Adjacent land is available for a second building with 250,000 square feet. (2) McKinley Buildings in Tysons Corner. The two structures, at 7555 and 7575 Colshire Drive, are leased by Northrop Grumman subsidiary Litton PRC. The government contractor occupies one of the buildings. (3) Litton PRC. It is a single building, currently vacant, at 1500 PRC Dr., a short distance from the McKinley Buildings, and is owned by the Peterson Cos. Read on.

Updated 01/06/03: Ominous Sign of Labor Certificatification Reengineering Plan

• People will recall our report that the DOL had a 5-year strategic plan (1999-2004) under which the labor certification reengineering in the form of PERM was planned to launch before end of March 2003. However, the latest news reflected that this scheduled had been abandoned at least until July 2003. It appears, though, that such decision originated from more than the problem of number of commnets they had received for the proposed PERM regulation.
• Today, the DOL released the announcement that they were soliciting and taking applications for $200 million H-1B grant from eligible U.S. institutions. This announcement reflects change of course for the DOL. Earlier the DOL decided to use this H-1B grant money for reduction of labor certification backlog through launch of PERM and backlog reductions in the states, particularly the big ten. The earlier decision was prompted by the report of failure of H-1B grant for training of U.S. workers by the Inspector General of the DOL. The latest version of the 5-year strategic plan also omitted the original labor certification reengineering schedules. Certainly ominous sign and retreat from the government's labor certification backlog reduction efforts. After all, the labor certification is part of the ongoing policy placing immigration in backburner!

Updated 01/05/03: Chennai Consulate Announcement

• Effective January 2, 2003, U.S. Consulate General, Chennai will no longer accept mail reapplications for persons who have been refused in a personal interview by a consular officer.
• All persons wishing to reapply, click on the "Reapplications."
  
  

Updated 01/04/03: DHS Organization Chart

• In January 24, 2003, current INS will be reorganized into the DHS in the following manner: Current adjudication functions in the Service Centers and local field offices will be transferred to the Director, Bureau of Citizenship and Immigration Services in the Chart. Current enforcement functions including investigation units, deportation units, immigration inspectors, and border patrols will be transferred to the Bureau of Border Security under the Directorate, Border & Transportation Security. The Bureau of Border Security will be headed by Assistant Secretary who has yet to be named. Directorate of Border & Transportation Security will be headed by Undersecretary Asa Hutchinson. As seen in the Chart, immigration services director will report directly to the Deputy Secretary.
• DHS will be led by the Secretary, one Deputy Secretary, 5 Undersecretaries, number of Assistant Secretaries, each reporting to the officer of one level up. Rumor goes the current Acting Commioner of INS, Michael Garcia, may be named for one of these positions, but assuming that the information is reliable, it is unknown whether he will be named for Director of Citizenship & Immigration Services or Assistant Secretary of Border Security. He is from enforcement background.
• Under the Homeland Security Act of 2002, the DHS will not be born until January 24, 2003. See also grand scale chart.

Updated 01/04/03: Schools Balk At Fed Research Fund Strings Putting Academic Freedom on Edge

• Report indicates that the feds are demanding information on foreign students and researchers involved in school research projects and other information as a condition for granting research funds and higher learning institutions, including MIT, are balking aloud, refusing to take such fed money in order to preserve the freedom and integrity of the academic institutions. Read on.

Updated 01/04/03: Board of Immigration Appeals Under Pressure of Clearing 56,000 Cases by 03/25/2003 Deadline

• The Attorney General reformed the BIA to clear the immigration appeal cases as quickly as possible. Report indicates that the BIA, being under pressure to meet the deadline of March 25, 2003 to clear 56,000 backlog cases, has been handing down decisions "fast and in sloppy" manner. The fallout of this trend is crowding the federal appeals courts with the appeals. Read on.

Updated 01/04/03: Bay Area Group II Special Registrants in Anxiety Over Approaching Deadline

• As the deadline approaches, the nationals/citizens from 13 designated countries in the Bay Area, including 40,000 Afghans, are agonizing over the decision of special registration. The fear was created by the massive arrest in the Southern California. Read on.

Updated 01/03/03: Continuing Deterioration of Adjudication of Immigration Benefit Petitions/Applications

• The statistics which INS has just released reflects that the adjudication of immigration benefit cases (I-130, I-765, I-485, I-90, etc) has continued its downward spiral for the month of November 2002. Applications and petitions for immigration benefits in November 2002 decreased 21 percent compared to the number received in November 2001. November approvals were down 25 percent, while denials increased by 25 percent when compared to November 2001. On the other hand, total immigration application pending cases (backlog) reached 4,601,778, a 14% increase or approximately 600,000 increase when compared to November 2001. Considering the fact that in November 2001, the adjudication was already affected negatively by the 9/11 incidents, the November 2002 statistics indicates that the adjudication of the immigration cases is continuing its course of deterioration. Considering the recent halt of adjudication of all the I-485 cases, the next month statistics will look more "dramatic" when it comes to approval figures. Please read on.

Updated 01/02/03: INS & Visa Post Delays and Advisory for Human Resources Managers and Corporate Legal Counsels

• The foreign workers are hired by the U.S. businesses to supply services or products to their customers/clients under certain contracts. Such contracts entail a serious liability for breach of contract, should the services or products fail to meet certain contract terms and deadlines. A number of foreign workers are involved in this process, playing an important role in meeting the contractual obligation.
• Pending transfer of the immigration services functions to the new Department of Homeland Security, the processing of both immigrant and nonimmigration petitions and applications is and will be substantially affected and no one knows at this time the extent of problems of processing delays. Additionally, so-called security clearance procedures is creating a tremendous delays in processing of visa applications at the visa posts and processing of both immigrant/nonimigrant petitions/applications at the INS field offices. It is unclear whether breach of contract for failure of the government to provide timely work permit and visa/status approval can be excused on any theory of the contract law, which is very doubful. There will be an increasing number of businesses that will fail to perform the contractual obligations because of the foreign worker employees being stranded in their home country for being unable to obtain visa renewal and for being unable to obtain status extension or timely approval of EAD or other work authorization documents.
• Considering the fact that the damage from breach of contract can reach even millions of dollars in the worst scenario, the Human Resources Managers and legal counsels be mindful of such potential lawsuits and should start paying more attention to ever changing application/petition adjudication environment and preparing internal structures that reflect processing delays or other immigration law issues.

Updated 01/02/03: Disappointing News on Special Registration Litigation in L.A.

• The Plaintiffs' attorney has reported that the case is assigned to another judge who has a record of denying such Temporary Restraining Order against the government on similar special registration litigation. The plantiffs' attorneys are fighting at this time to bring back the judge who was initially assigned to this case. Please stay tuned to this web site for development of this news. Back to Top
• AILA has launched a letter-writing campaign to persuade the Congress to get rid of special registration program. The Congress will return to the session on January 7, Tuesday. People may also contact them before they return to the Hill.

Updated 01/01/03: Effective Today, INS Requires Advance Submission of Passenger Data Electronically

• The INS today announced that it will require all commercial carriers to submit detailed passenger manifests to the agency electronically before an aircraft or vessel arrives in or departs from the United States, including the following:
  • Complete name
  • Date of birth
  • Citizenship
  • Sex
  • Passport number and country of issuance
  • Country of residence
  • U.S. visa number, date and place of issuance (where applicable)
  • Alien registration number (where applicable)
  • Address while in the United States, and
  • Such other information the Attorney General, in consultation with the Secretary of State and the Secretary of Treasury, determines as being necessary.
• For the INS announcement, please click here. and for the official federal register release, please click here. What they do with the informatikon, please click here. Back to Top
  
  

Updated 12/31/2002: Settlement Reached in Barahona v. Ashcroft Affecting People Who Applied for Suspension of Deportation Before 04/01/97

• The EOIR reported today that the U.S. Department of Justice and a class of aliens had reached a settlement to dismiss the class action lawsuite in the federal district court in the Northern District of California, Barahona v. Ashcroft, No. C97-0895 under the agreement that eligible class members of the lawsuite who could have been granted suspension during the period between February 13 and April 1, 1997 will be given the opportunity to apply for suspension under the standards that existed prior to April 1, 1997. The class action lawsuit challenged EOIR directives which prohibited the immigration judges and the Board of Immigration Appeals from granting suspension of deportation during the period between February 13 and April 1, 1997.
• This is a good news for the eligible class members located in the jurisdiction of the U.S. Court of Appeals in the 9th Circuit that covers West Coast states. For the full details of the settlement, please click here.

Updated 12/31/2002: Importance of AR-11 or AR-11SR Reporting in the Current Environment

• Current immigration service environment is so unpredictable that the best policy for any immigrants and nonimmigrants is to comply with all the laws and not to leave any room for the authority to take advantage of minor violations as a ground for removal (deportation) proceedings. The one potential violation which people tend to take lightly, as lightly as traffic violation ticket, is the failure to report address changes within 10 days of move. There are no known reports that the INS has commenced deportation proceeding solely on this ground while they go through the special registration for 20 countries nationals/citizens, but if they wish, they can use this violation to justify their arrests and initiation of deportation proceeding inasmuch as they can establish a willful violation. The Attorney General announced that the special registration would be gradually expanded to another countries and one cannot sit in and take it lightly simply because they are not one of the 20-country nationals/citizens.
• Don't give them any excuse to go after you!

Updated 12/31/2002: INS Intends To Charge Fees To F-1,M-1, J-1 Aliens

• INS released today its emergency request for OMB approval of the new INS form I-901 by January 10, 2003 which will be used for collection of the user fees to the F and M students and exhange visitors (J-1). Please stay tuned to this web site for development of this news.

Updated 12/30/2002: New York Immigration Groups' Concerns for Immigration Processing Delays Resulting from Change from INS to DHS

• Report indicates that the immigration groups in New York expressed their concerns with the potential delays of immigration service processing delays and backlogs as affected by the change of agency from the INS to the DHS. Apparently, the DHS disagrees with such assessment, but if readers are interested in this debate, please click here. Anyone is surprised by the news? Considering the on-going INS processing halt or drag, no matter what you call it, the New York groups' assessment sounds to be a well-founded fear. Don't you agree readers?

Updated 12/28/2002: Detroit Considering Accepting Consular ID for Mexicans

• A growing number of agencies are now recognizing the cards as valid forms of ID. Bearers can open bank accounts, conduct city business in a number of cities and states, including San Francisco and Oakland, Calif., and identify themselves to police in a number of states, including California, Texas, Arizona and New Mexico. Read on.

Updated 12/27/2002: Hearing for Special Registration Lawsuit In L.A. Court to be Rescheduled Under a New Judge

Updated 12/27/2002: Weekend Reader: San Francisco Chronicle Editorial: 'Immigrants As Enemies'

Updated 12/27/2002: INS Under Fire for Handling of Special Registration

• Arrest and treatment of aliens appearing for the special registration are increasingly stirring controversy putting Attorney General Ashcroft and the INS under fire. Not only they were sued in California, three members of the U.S. Judiciary Committee, Sen. Kennedy, Sen. Feingold, and Sen. Conyer also sent a serious protest to the Attorney General. In Colorado, news report indicates that students who failed to take a full course of study were arrested when they had appeared for the registration, leading decry of the higher learning institution. More and more people question how such conduct can help the fight on terrorism.

Updated 12/27/2002: Full Text of L.A. Special Registration Lawsuit Complaint

Updated 12/26/2002: Hearing for Special Registration Lawsuit In L.A. Court Scheduled Tomorrow

• The U.S. Department of Justice filed a motion today to deny the class action restraining order against the INS enforcement of special registration, and a hearing is scheduled tomorrow, to be followed by the judge's ruling. For the news, please click here.

Updated 12/26/2002: Report of Thaw of Freeze in Consular Nonimmigrant Visa Processing - Any Hope for Similar Thaw in INS Adjudications?

• The consular processing of nonimmigrant visas has been severely snagged during the past several months pending the new security clearance procedure. However, report indicates that the consulates have received a large number of security clearances under the new clearance system and the logjam of visa applications is expected to be unravelled fairly quickly. Some good news for international travellers.
• As people know, I-485, citizen applications, and other important immigrant proceedings have been held up allegedly pending the new security clearance procedure. We hope to see a similar development in the INS adjudications soon. Please stay tuned to this web site for the development of this news.

Updated 12/26/2002: INS Final Rules for I-485 for Certain Nationals of Vietnam, Cambodia, and Laos

• The INS has released two final rules today relating to the above-entitled subject. The first rule provides for the adjustment of status for certain aliens from Vietnam, Cambodia, and Laos. Eligible applicants must have been physically present in the United States both prior to and on October 1, 1997, and inspected and into the United States before October 1, 1997, either from Vietnam under the Orderly Departure Program, from a refugee camp in East Asia, or from a displaced persons camp administered by the United Nations in Thailand. This rule establishes eligibility, evidence, and application and adjudication procedures. Starting January 27, 2003, aliens who believe they are eligible may apply for permanent residence under section 586. This rule also adds a new section in the regulations that lists the types of evidence an alien may use to demonstrate his or her physical presence in the United States on a specific date. This regulation will take effect on January 27, 2003. Please click here for this first rule.
• The second rule provides for waiver of inadmissibility on certain criminal grounds for these eligible aliens. The second rule is published in the Interim Rule and for the full text, please click here.

Updated 12/25/2002: FBI Action Requesting All Foreign Students/Teachers' Data from Colleges Stirs Controversy

• News report indicates that the FBI has been sending this request to the colleges and universities since last month, making higher learning institution extremely uncomfortable. Beginning from the end of January 2003, the schools are mandated to send such data to the INS through the so-called SEVIS initiatives. Leading members of the Senate Judiciary have addressed the legality of such move to the FBI.

Updated 12/24/2002: Special Registration Challenged In Court With Potential Impact On Remaining Group II and III Registration

• Today, the INS is sued by the American-Arab Anti-Discrimination Committee, Alliance of Iranian-Americans, Council on Americxan Islamic Relations and the National Council of Pakistani Americans in U.S. District Court in Los Angeles, seeking injunction against arrest, detention, and deportation without warrants. Special Registration has been criticized by various groups for alleged abuse of power by the INS using special registration as a means to detain and deport the aliens with status violation even if a relief is normally available for such aliens. This lawsuit is important in that it can impact the INS authority over the current and future special registration aliens. INS has been arguing that the government is required to expand the special registration step-by-step to most of the foreigners by 2005 and eventually most of the aliens in this country will face the kind of turmoil which was witnessed in L.A. a few days ago. For the report, please click here. Please stay tuned to this web site for the development of this litigation.

Updated 12/23/2002: AILA Reaffirms Its Commitment To Immigrants' Rights Facing New Chapter in American History

• The President of American Immigration Lawyers Association, Jack Pinnix, Esquire, released today his statement elaborating unusual challenge that immigrants were facing lately and the AILA's firm and strong commitment to the justice and immigrants' rights. This web site strongly recommends people to read this wonderful historical review of current events and the organization's preparedness for the new challenge ahead of us. Please click here for the statement.

Updated 12/21/2002: Protests and Debates Grow Over Special Registration Arrests and Inhumane Treatment

• News report indicates that in the Southern California, hundreds of aliens were detained when they had appeared for special registration (Read on), triggering the protest rally by the Iranian-Americans in Los Angeles. Reportedly, approximately one million Iranian-Americans are living in the area. Reports also indicate that the local immigration officials in some areas had no detailed knowledge about the special registration rules or gravely misunderstood the purpose of the special registration. Apparently, when it comes to the special registration, allegedly the Department of Justice maintains a heavy hand on the INS officials rather than the INS HQ.

Updated 12/19/2002: HHS IMG J-1 Waiver Sponsorship Regulation

• As we reported yesterday, the HHS released this regulation this morning. The regulation requires the following criteria for requests for waivers for the delivery of health care
  service:
  (a) The Exchange Visitor must submit a statement that he or she does not have pending and will not submit any other ``interested government agency'' waiver request while HHS processes the waiver being submitted.
  (b) Waivers are limited to primary care physicians and general psychiatrists who have completed their primary care or psychiatric residency training programs no more than12 months before the date of commencement of employment under the contract described in subparagraph (d). This 12-month eligibility limitation is to ensure that the
  physicians' primary care training is current and they are not engaged in subspecialty training. This HHS eligibility requirement relates only to eligibility for an HHS waiver request and does not relieve physicians of the responsibility to maintain lawful status. Alien physicians are strongly encouraged to begin the waiver process as early as they possibly can while still in the residency training program. Early filing of the waiver request by the alien physician, coupled with timely processing of the request by the relevant government agencies, will facilitate the timely completion of the waiver process before the authorized J-1 admission expires, and the physician's subsequent
  application for change of nonimmigrant status from J-1 to H-1B.
  (c) Primary care physicians are defined as: physicians practicing general internal medicine, pediatrics, family practice or obstetrics/gynecology willing to work in a primary care Health Professional Shortage Area (HPSA) or Medically Underserved Area or Population (MUA/P); and general psychiatrists who are willing to work in a Mental Health HPSA. Note: these HHS eligibility criteria for waivers are in addition to and independent of the existing waiver and visa criteria established by the Immigration and
  Naturalization Service (INS), the Department of State, and the Department of Labor.
  (d) The Exchange Visitor must have entered a contract with the applicant employer. This contract must: (1) Require the Exchange Visitor to provide primary medical care in
  a facility physically located in an HHS-designated primary care HPSA or MUA/P, or general psychiatric care in a Mental Health HPSA. (2) Require the Exchange Visitor to complete a term of employment of not less than three years providing primary care health services for not less than 40 hours per week. (3) Require the Exchange Visitor to: (i) Be licensed by the State where he or she will practice; (ii) Have completed a residency in one of the following specialties: family practice, general pediatrics, obstetrics/
  gynecology, general internal medicine, or general psychiatry; and (iii) Be either board certified or board eligible in the relevant primary care discipline.(4) Be terminable only for cause until completion of the three-year commitment, except that, with the agreement of the alien physician, the employer may assign the contract to another eligible employer with the prior approval of HHS and compliance with all applicable INS and Department of Labor requirements. Prior to approving an assignment of the contract, HHS will review and consider the health care needs of the alien physician's current and proposed new locations, as well as the reasons for the request. (5) Not contain a restrictive covenant or non-compete clause which prevents or discourages the physician from continuing to practice in any HHS-designated primary care HPSA or MUA/P or Mental Health HPSA after the period of obligation under the contract has expired.(6) Provide that any amendment to the contract complies with all applicable Federal statutes, regulations and HHS policy. (7) Be consistent with all applicable Federal statutes, regulations and HHS policy.
  (e) The facility or practice sponsoring the physician: (1) Must provide health services to individuals without discriminating against them because either they are unable to pay for those services or payment for those health services will be made under Medicare or Medicaid. (2) May charge no more than the usual and customary rate prevailing
  in the geographic area in which the services are provided.(3) Must provide care on a sliding fee scale for persons at or below 200 percent of poverty income level. Persons with third-party insurance may be charged the full fee for service.(4) Must post a notice in a conspicuous location in the patient waiting area at the practice site to notify patients of the charges for service as required in this paragraph. (5) Must provide evidence that the applicant facility made unsuccessful efforts to recruit a physician who is a United States physician for the position to be filled by the Exchange Visitor.(6) Must provide a statement by the head of the facility to confirm the facility is located in a specific, designated HPSA or MUA/P, and that it provides medical care to Medicaid and Medicare eligible patients and to the uninsured indigent.
  (f) The employer and the alien physician must submit information to the Secretary at the times and in the manner that the Secretary may reasonably require.
• For the full text of the regulation, please click here.

Updated 12/18/2002: State Department Clarifies Its Recently Released Allied Health-Care Worker Visa Screen Requirement

• The State Department released this regulation which confused a lot of people on the purpose and meaning of this regulation. DOS now contacts the AILA to clarify the intent and purpose of the regulation. According to the DOS, simply put, it was intended to mean that the visa posts will continue to issue nonimmigrant visas without requiring visa screen certificate for the allied health-care workers coming to the U.S. to perform clinical practice, pending resolution of the apparent conflict of the American law requiring visa screen for issuance of nonimmigrant health-care workers and the legal rules under the NAFTA that applies to Canadians and Mexicans. So, they will continuously waive the visa screen requirement for nonimmigrant visa applicant for allied health-care worker coming to the U.S. to perform the clinical practice until the foregoing issue of potential conflict is resolved. Wow, what a way to make a point in the regulation!!

Updated 12/18/2002: AILA Summary of Call-In Special Registration Handling in Each INS Office

• AILA is providing this information to the public to give some ideas as to what one could expect. AILA as well as this web site warn that the information may not be complete or change constantly and people should check with the INS offices rather than relying on this posting.

Updated 12/18/2002: What Will Happen With 170,000 Employees of DHS on March 1, 2003?

• The Secretary Tom Ridge broke a silence yesterday and answered a number of questions at a meeting with some of the future employees. According to him, on March 1st, just about all of the departments and agencies will move into the Department of Homeland Security. Shortly thereafter, the DHS will begin the process of trying to rationalize and take 22 different management systems and personnel systems into one. But on March 1st, by and large, every man and women in this office and 170,000 plus employees around this country will go to work doing the same thing they're doing now. For the full text of live Q&A, please click here.
  

Updated 12/18/2002: Good News for International Medical Graduates

• The U.S. Department of Health & Human Services Secretary Tommy G. Thopson announced today that the Department will publish the Interim regulation tomorrow to begin the agency's sponsorship for J-1 residency requirement for international medical graduates. For the details of the announcement, please click here. The Department has ceased to sponsor such J-1 waiver program for clinical practice IMGs and only sponsored the research occupations. This website will post the entire regulation tomorrow as soon as it is published.

Updated 12/18/2002: DOL Changes Projected Date of Release of PERM Final Rule

• In the already published regulatory plan, the DOL planned to release this regulation in January. AILA has just received a notice from the DOL that it will publish Interim Rule in April 2003 with the effective date of July 2003. What a disappointment!

Updated 12/18/2002: Important Notice: Attorney General Withdraws Armenia from the List of Call-In Special Registration

• Only Pakistan and Saudi Arabia will remain subject to the Group III Call-In Special Registration. This Notice rescinds an earlier Notice, Attorney General Order No. 2636-2002 of December 12, 2002, which appeared in the Federal Register on December 16, 2002 (67 FR 77136), and incorrectly listed Armenia as a designated country. For the new notice, please click here.
  

Updated 12/17/2002: State Department Visa Screen Certificate Rule for Allied Health Care Workers

• This rule changes the requirements pertaining to the issuance of visas to certain foreign health care workers. It provides that an alien who seek to enter the United States to perform health-care services (other than a physician) is excludable unless the alien presents a certificate establishing the alien's competency in a specific health care field issued by the Commission on Graduates of Foreign Nursing Schools (CGFNS) or another credentialing organization approved by the Attorney General through the Immigration and Naturalization Service (INS). The promulgation of this rule is necessary in order to comply with U.S. laws regarding the inadmissibility of aliens into the United States. The rule will result in the imposition of a requirement for certain visa applicants seeking to enter the United States as health care workers to obtain
  documentation of their professional credentials and qualifications from approved private credentialing agencies and provide that documentation to a consular officer in order to qualify for visa issuance.
• Does the Department Intend To Continue To Exercise Its Discretion Under Section 212(d)(3)(A) of the INA to Temporarily Waive This Inadmissibility for Nonimmigrant Aliens Seeking To Enter the United States as Health Care Workers Where There May Be Conflict With the North American Free Trade Agreement (NAFTA)?The Department and INS have exercised their joint discretion under section 212(d)(3)(A) to waive the certification requirement for nonimmigrants due to a possible conflicting obligation of the United States under NAFTA. The Department will continue to use its discretion to temporarily waive this inadmissibility for nonimmigrant health care workers until concerned Executive branch agencies resolve the apparent conflict. For the full text of the regulation, please click here.
  

Updated 12/17/2002: State Department Rule for Cancellation of Immigrant Visa Availability After One year

• This rule amends the Department's regulation that defines ``registration'' in connection with an application for an immigrant visa. This change is necessary because the current definition, as written, may be interpreted as being inconsistent with other sections of thisPart concerning the Secretary of State's authority to cancel the
  registration of an alien who fails to apply for an immigrant visa within a specific one-year time period. When this rule becomes effective the ``registration'' of an immigrant visa applicant will be defined to mean the filing of an immigrant visa form (DS-230), when duly executed, or the transmission by the Department to the alien of a notification of the availability of an immigrant visa, whichever occurs first. For the full text of regulation, please click here.

Updated 12/16/2002: INS HQ Guidance for H-1B for Foreign Nurses

• Nurses (RN) are generally not qualified for H-1B petition, but the INS HQ Memorandum indicates that generally the following nurses may be qualified for H-1B:
• Advanced Practice Nurses: Positions that require nurses who are certified advanced practice registered nurses (APRN) will generally be qualified. For instance,
  • CNS (Clinical Nurse Specialist)
  • CRNA (Certified Registered Nurse Anesthetist)
  • CNM (Certified Nurse-Midwife)
  • Certified Nurse Practitioner (APRN-Certified)
  • CNS (Clinical Nurse Specialists): Acute Care, Adult, Critical Care, Gerontological, Family, Hospice and Palliative Care, Neonatal, Pediatric, Psychiatric and Mental Health, and Women Health
  • NP (Nurse Practitioner): Acute Care, Adult, Family, Gerontogical, pediatric, psychatric & Mental Health, Neonatal, and Women Health
• Administrative positions: Nurse Manager, Nurse Services Administrator
• State Requirement: North Dakota license only that requires BSN for RN license.
• Nursing Specalties:
  • Critical care and peri-operative (Operating Room)
  • School health
  • Occupational health
  • Rehabilitative nursing
  • Emergency room nursing
  • Critical care
  • Operating room
  • Oncology and pediatrics.
• For the full-text of the Memorandum, please click here.

Updated 12/16/2002: Social Security To Change Rules on SSN Application

• The Social Security Administration is currently planning on releasing a proposed regulation in December 2002 to provide the followings. The final rule is scheduled to be published in NJovember 2003:
  • Require in-person interview with all individuals age 12 or older who are applying for an original SSN;
  • Children under age 7 will be required to provide evidence of identity in original applications; and
  • Non-work permit SSN will be issued only if the government benefits eligibility is legally established.

Updated 12/16/2002: Disappointing Trend of Green-Card & Related Applications Adjudication of INS

• The October 2002 statiscal report of the INS which reflects the INS immigration benefits adjudications in September 2002 indicates that applications and petitions for immigration benefits in October 2002 increased 42 percent compared to the number received in October 2001, while October approvals were down 16 percent, and denials increased by 41 percent when compared to October 2001. It is obvious that the statistics for adjudications in October, November, and December 2002 will be much worse considering the fact that the INS has been in a mode of standstill for most of these cases. Unconfirmed sources indicate that the current freeze situation involves more than FBI clearance issue. Apparently, it is also affected by the work of transition of the INS functions to the new DHS. Even without such unique circumststances, the INS has historically shown a substantial slow down of adjudications during the year-end holiday season.

Updated 12/16/2002: Government Under Review of Impact of Elimination of Visa Waiver Program

• GAO has been requested by the Congress to review the impact of elimination of visa waiver program for 28 countries. Other than its impact on tourism and relationship with the relevant countries, GAO is reviewing the relevant countries' pace of issuing biometric passports for security checks, which DOJ and DOS differ in the time table. DOJ states 2002 for the timeline, while DOS predicts that it may not be able to see until 2004. To read the full report, please click here.

Updated 12/16/2002: INS Released Call-In Special Registration Requirement Notice For Pakistanis, Saudis (Armenia Withdrawn By Attorney General)

• Today, as expected, the INS published the notice of Call-In Special Registration Requirement for the citizens/nationals of Pakistan, Saudi Arabia. For the regulation, please click here. The registration procedure and other information are identical to the previous Call-In Special Registration Notice for Group I and Group II.

Updated 12/14/2002: DOJ Inspector General Recommends INS Datashare Improvement with Social Security Administration

• Currently, the Social Security Administration is unable to issue a Social Security Number until the alien's legal and employment authorization status is verified through the DataShare and NIIS database. Reportedly the INS takes approximately from 11 days to 13 days to send the approval information to these databases during which the Social Security Administration is unable to process the Social Security Card. The Inspector General of the U.S. Department of Justice recommended the INS to improve the management. For a review of the INS and DOS process of petitions or visa and their follow-up SSA process of Social Security Numbers, please read the IG's report. This report gives a detailed description on how these three agencies handle your legal papers and Social Security Card.

Updated 12/13/2002: Call-In Special Registration Requirement To Pakistanis, Saudis (Revised)

• AILA has reported that the INS will release a notice on December 16, 2002 expanding the Special Registration Requirement to nonimmigrant citizens or nationals of Pakistan, Saudi Arabia, who entered the U.S. on or before September 30, 2002. They will be required to report at the designated INS field offices for the registration between January 13, 2003 and February 21, 2003. Please stay tuned to this web site for the upcoming INS release of this notice.
• The three groups have different cutoff dates as follows:

• 	Group I	Group II	Group III
  Countries	Iran, Iraq, Libya, Sudan, and Syria	Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, UAE, Yemen	Pakistan, Saudi Arabia
  Date of U.S. Entry and Departure Date	09/10/2002 or before, and will stay until 12/16/2002 or later	09/30/2002 or before, and will stay until 01/10/2003	09/30/2002 or before, and will stay until 02/21/2003
  Registration Period	11/15/02-12/16/02	12/02/02-01/10/03	01/13/03-02/21/03

• The special registration requirement applies only to males of 16 year of age or older, but the Group III indicates that it can be expanded other population groups for the nationals and citizens of these countries in the future.

Updated 12/13/2002: State Department Proposes to Eliminate Crew List Visas

• Under current regulations, crewmen working on vessels and aircraft bound for the United States are able to obtain crew list visas without submitting individual application forms or undergoing background checks that would apply to many if they applied for individual visas. In light of the security concerns resulting from the events of September 11, 2001, the Department can no longer justify issuance of a visa without the full application process. This rule
  proposes to eliminate the crew list visa. Click here for the proposed rule.

Updated 12/13/2002: INS Rule-Making Agenda

• The following is the selective rule-making agenda of our interest for FY 2003 for the INS. It is unclear how this agenda will be affected by the merge of INS into the DHS.

• Subject	Rule Type	Release Date	Summary
  245(k)	Proposed	01/00/03	Eligibility/procedure
  AC 21	Proposed	12/00/02	AC 21
  J-1 Waiver	Proposed	12/00/02	Amendment
  EAD for (c)(9)	Proposed	12/00/02	EAD for 2-year
  F, J, I Alien Stay	Proposed	01/00/03	Fixed Period (no D/S)
  H-2B	Proposed	12/00/02	Loosen standards
  F, J, M filing fees	Interim	01/00/03	Fee charge
  NIW IMG	Final	05/00/03	Final Rule
  B visitors ------------------------- Filing Fee Pay Eletronic Signature ------------------------ PermanentResident of Canada	Final ------------------- Interim Interim ------------------- Interim	12/00/02 ------------------- 12/00/02 12/00/02 ------------------- 12/00/02	Max. 6-mos stay ----------------------- Credit card/electronic pay Electronic Signature ----------------------- Visa/Passport Requirement

Updated 12/12/2002: INS HQ Explains 485 Adjudication Halt

• According to the INS explanation, it is not likely that the immigrant community will suffer the kind of blow and mess that was caused by the CIA clearance delays a few years back which created a huge backlog. According to the INS, the current halt is created by the FBI clearance delays. Reportedly, part of the FBI clearance delays have been resolved, but the INS adjudicators have yet to see the results. It is hoped that the adjudication process of the INS is not seriously affected by other agencies' problems. Whether it is CIA or FBI, the government is the government.
• There is one question which the President may have to clarify to the immigrant community. He announced the so-called 5-year immigration adjudication processing delay reduction plan, proposing to allocate $100 million for each year to reduce the proessing times of all immigration cases to 6-month. This plan has to be completed by FY 2004. Well, FY 2004 is inching away. For the first one year, his proposal indeed affected the processing times. Remember people? Natualization application processing times was one time reduced to 6 or 8 months and 485 application processing times was reduced to even 10 months or less depending on which INS field offices you looked at. Now IBIS check, Special Registration, NSEERS, etc. etc. are probably turning everything upside down. The question is: Is his 5-year reduction plan still alive or scrapped? Allocation of $100 million a year is a lot of taxpayers' money, especially in this kind of the nose-down economy and extremely belt-tightening government budget.

Updated 12/12/2002: State Department Published Interim Rule for SEVIS for J-Visa Sponsors

• In paralell with the INS release of the SEVIS regulation yesterday for its part of implementation of the SEVIS, today the U.S. Department of State released this regulation which will take effect on December 12, 2002. This rule applies only to the exchange visitors (J-visa) and their sponsors. Beginning from January 30, 2003, the State Department mandates the sponsors to use SEVIS DS-2019 (formerly IAP-66) only, but those exchange visitors who have been issued non SEVIS DS-2019 will be allowed to keep it. The spouses and childrend will also be required to have DS-2019 issued. For the details of this regulation, please click here.
  • INS Announcement
  • INS Fact Sheet

Updated 12/11/2002: INS Amends Extensively F,J,M Visa Alien Regulation With Mandatory SEVIS Effective 01/30/2003

• Today, the INS released a regulation amending quite extensively the regulation on admission, maintaintance, information retension and reporting requirement for the schools and aliens in F,J, and M visa status. The use of the new form SEVIS I-20 will become mandatory but the current I-20 will remain valid until August 2003. We will post the summary of this regulation as soon as possible. The DSO and students and exchange visitors should read this regulation.

Updated 12/10/2002: 485 Freeze: When Will It Be Lifted?

• The INS HQ is reluctant to admit it officially, but currently adjudication of I-485 is on hold across the board. No one knows what has caused the decision of freeze and more importantly when it will be lifted. It reminds people of the long and painful freeze of 485 applications a few years back pending CIA clearance, which contributed to a mountain of 485 backlogs to the level of over 2 years of 485 processing times. No one knows the exact cause this time around, but one wonders whether it has something to do with the on-going special registration programs. Please stay tuned to this web site for development of this news.

Updated 12/10/2002: AILA's Washington Update 12/09/02

• December 9, 2002 edition is particularly helpful for immigrants.

Updated 12/10/2002: Department of Homeland Security Website Up and Running for Information for Employees

• This new website is created and maintained by the U.S. government to provide information on the Department to its new 170,000 employees. The site encourages the future employees to visit the site often to get the information on their future.

Updated 12/07/2002: Reminder for AR-11SR Filers

• The people who are required to file AR-11SR should note a big difference between AR-11 filing requirement for those nonimmigrants who are not subject to special registration and AR-11SR filing requirement for those nonimmigrants who are subject to special registration. For AR-11 filers, the 10-day filing requirement is triggered only when there is a "change of address," while for AR-11SR filers, they will have to file AR-11SR whenever there is a change in (1) address or (2) employment or (3) school. This reminder is particularly important for those who are in the U.S. on a student/exchange visitor status or employment permit status. This special requirement is not specified in the immigration statutue itself, but specified in the special registration regulations. Very important in that such a minor violation to file AR-11SR on change of school or employment can trigger a charge of violation of status and face a surprise charge of deportation.

Updated 12/06/2002: INS Procedure to Apply for Correction of INS Errors in Documents

• What happens if you see errors in the documents which you received from the INS and you learned that it was the INS errors? The INS shows you how you apply for correction of errors. Please click here for the details!

Updated 12/06/2002: INS Updates Special Registration Information As Of 12/06/2002

• The INS updates and answers all the questions relating to the Special Registration Requirement and Procedure effective as of today in its web site. Since the INS is apparently contemplating expanding the list coming months, all non-immigrants may want to follow up information on special registration. Please click here for the INS website information. (For the overall implementation plan of the NSEERS, National Security Entry-Exit Registration System, please read the Attorney General's Statement back in November 2002.)

Updated 12/06/2002: U.S.-Canada Smart Border Declaration/30 Point Action Plan First Progress Report

• The White House today released the first progress report of implementation of this international border security plan between the two countries over the Northern Border. This report sheds interesting light on the systems that affect the travellers over the Northern Border. Following are a summary of a few interesting points and readers are encourage to read the full-text during the weekend.
  • Canadian landed immigrant's current card, IMM 1000 will be good only upto 12/31/2003, and Canadian immigration authorities have started taking in application for new Permanent Resident Card which will replace the IMM 1000.
  • NEXUS Program: (For the details of NEXUS, please refer back to our previous postings)
    • Land/Highway Program Schedules (Opening dates)
      • Port Huron-Sarnia (11/00)
      • Blaine-Pacific Hwy (6/26/02)
      • Blaine-Douglas (6/26/02)
      • Point Roberts-Boundary Bay (7/29/02)
      • Detroit-Winsor bridges (01/23/03)
      • Buffalo-Fort Erie bridges (01/23/03)
      • Detroit Winsor Tunnel (03/03)
      • Lewiston-Queenston Bridge & Rainbow Bridge (Spring 03)
      • Whirlpool bridge (Spring 03)
      • All other high-volume crossings (End of 03)
    • Air Program (pilot program)
      • Ottawa International Airport (04/03)
      • Dorval International Airport (L4/03)
• In a way, implementation of such international security plan over the border helps to speed up the flow of the human traffics between the two countries.

Updated 12/05/2002: Immigrant Visa Procedure in Chennai American Consulate

• The following web site announcement of the Chennai Consulate is a reminder to the Indian Employment-Based category immigrant visa applicants. This announcement is posted as there may be some people who are not aware of the change of the procedure in Chennai, which did not accept application for immigrant visa applications directly from the applicants based on the attorney-certified copy of I-140 approval documentation:
  • On a case-by-case basis, the U.S. Consulate General in Chennai is accepting employment-based immigrant visa cases for processing when all the following conditions are met:
    >INS has already approved an E1 or E2 category immigrant visa petition and the applicant has an original I-797 form
    >the applicant is a resident of the Chennai consular district >the priority date of the case is current or could reasonably be expected to be current within 60 days (we will not warehouse non-current cases)
    >waiting for the INS to process the change-of-status application would cause the applicant hardship
    >the applicant has attorney-certified copies of all pages that made up the original immigrant visa petition
    >there does not appear to be any indication that the case is fraudulent
    >and our workload permits us to take the case
    If you believe that your case meets these conditions, have your attorney send certified copies of your I-140 paperwork to the Immigrant Visa Unit, U.S.
    Consulate General, 220 Anna Salai, Chennai 600 006 India with
    >the original I-797 Notice of Approval Form
    >complete forms OF-169 and OF-230, part 1
    >an e-mail address where we can contact the attorney with confirmation that we have accepted the case
    DO NOT send any submissions to any officer or employee by name. Doing so mixes business with personal mail and results in lost paperwork when officers transfer.
    We are accepting E3 cases that meet the above conditions on a more limited basis, where it is clear that the applicant is highly skilled. We would accord precedence to applicants who have already received H1-B visas in the same profession or for the same employer.
    NOTE: This procedure only applies in change-of-status cases.** If INS has approved an employment-based petition and you had asked from the beginning to apply for the visa in Chennai, then we must wait for the case to arrive from the National Visa Center.
  • This Reporter's Note: Change of status cases means that on I-140, the petitioner should have requested I-485 proceeding rather than consular proceedings.
  • Caveat: Consular processing procedures are frequently changing these days and people should contact with the Consulate and act on the Consulate information rather than this posting.

Updated 12/05/2002: Immigrant Visa Procedure in Mumbai American Consulate

• The following information on Employment Based immigrant visa application procedure in American Consulate in Mumbai is posted to remind that similar to the Consulate in Chennai, some applicants can file immigrant visa applications directly with the Consulate bypassing the time-consuming National Visa Center processing with the attorney-certified I-140 approved documentation. Unlike the Chennai Consulate, though, this consulate mandates filing of I-824 with the Service Center. For the details, please visit the Mumbai Consulate web site.
  • On a case-by-case basis, the U.S. Consulate General in Mumbai is accepting employment-based immigrant visa cases for processing when all the following conditions are met:
  • INS has already approved an E1 or E2 category immigrant visa petition and the applicant has an original I-797 form,
    the applicant is a resident of the Mumbai or Calcutta consular districts,
    the priority date of the case is current or could reasonably be expected to be current within 60 days (we will not warehouse non-current cases),
    waiting for the INS to process the change-of-status application would cause the applicant hardship,
    the applicant has copies of all pages that made up the original immigrant visa petition,
    there does not appear to be any indication that the case is fraudulent,
    I-824 Fee Receipt required.
    If you believe that your case meets these conditions, forward copies of your I-140 paperwork to the Immigrant Visa Unit, U.S. Consulate General, 78 Bhulabhai Desai Rd., Mumbai 400026 India with:
  • the original I-797 Notice of Approval Form
    complete forms OF-169 and OF-230, part 1
    an e-mail address where we can contact the attorney with confirmation that we have accepted the case
    DO NOT send any submissions to any officer or employee by name. Doing so mixes business with personal mail and results in lost paperwork when officers transfer.
  • We are accepting E3 cases that meet the above conditions on a more limited basis, where it is clear that the applicant is highly skilled. We would accord precedence to applicants who have already received H1-b visas in the same profession or for the same employer.
  • NOTE: This procedure only applies in change-of-status cases. If INS has approved an employment-based petition and you had asked from the beginning to apply for the visa in Mumbai, then we must wait for the case to arrive from the National Visa Center.
  • Caveat: Consular processing procedures are frequently changing these days and people should contact with the Consulate and act on the Consulate information rather than this posting.
    

Updated 12/05/2002: How To Avoid Unnecessary Special Registration Process At the Airport for Non-Designated Nationals

• When it comes to the special registration for the incoming nonimmigrants, it is not limited to the people from the designated nationals. The consular officers and immigration inspectors at the airport can require the special registration process, should the officers have a reasonable basis to suspect some ties to terrorism. Currently, information on exact procedure remains unavailable to the public, but some information indicate that the following will trigger such suspicion:
  • Trips to any designated countries;
  • Trips to other Muslim countries such as Somalia, Malaysia, Indonesia, Egypt, or other hostile countries like Cuba, which are not designated in the Special Registration Notice but have been considered sources of potential contact with the terrorism cells.
  • Purpose of the trip is vague and cannot be clearly explained.
• It thus appears that the best policy is to avoid such trip for the travellers of non-designated nations.

Updated 12/04/2002: DOJ Authorization Act Allots 10 More IMG J-1 Waiver Numbers for Each State for FY 2002

• As reported it, this legislation increased each state's waiver application quota from 20 to 30 "effective 05/31/2002". The U.S. Department of State has interpreted that this legislation allowed allotment of 10 more numbers for the FY 2002 which ended on September 30, 2002. Consequently, the State Department will accept from each state 10 or less numbers from each state until September 30, 2003. The eligible cases are limited to those which were filed and pending during the FY 2002 which ended on September 30, 2002. The states are mandated to select the cases in the order of filing receipt. Accordingly, the states that have more than 10 cases pending will have to cut the cases at 10th in the waiting list, while the states that have less than 10 cases pending before the end of the FY 2002 will be allowed to apply for less than 10 cases.
• Practically, this interpretation limits the eligible cases only to those cases which were received on or before May 30, 2002 as the states closed applications as of that date. It is unclear how many surplus cases they had received as at May 30, 2002 in each state. It gives some relief to a few of those IMGs who one time experienced a frustration for failure to fall within 20 allotments for his or her state.
• For the FY 2003 program, the State Department also reminds the states that the application for the states must be postmarked on or before September 30, 2003. The rule applies for the FY 2002 applications in that the application must be postmarked on or before September 30, 2003. (Courtesy of AILA)

Updated 12/03/2002: Purpose of Special Registration: Anti-Terrorism or Illegal Alien Apprehension?

• We thought special registration was devised to serve the purpose of tracing and detecting terrorists or supporters of terrorism. However, the news that the INS field office allegedly apprehended an out-of-status alien who appeared for the special registration despite the 245(i) eligibility of the alien indeed confuses the purpose of special registration. If the purpose of special registration is to serve intelligence and tracing aliens, the INS should have taken a policy of encouraging every alien, no matter legal or illegal, to appear for the registration. The news such as this will definitely form a disservice to the main purpose of the special registration legislation in that illegal aliens will have no purpose of appearing to comply with the special registration. In other words, it will serve neither the purpose of illegal immigration enforcement nor tracking down terrorism cells.
• A similar phenoma have been taking place with respect to the IBIS check which terribly burdens INS adjudication resources and aweful delays of adjudications. The INS started not too long ago to intensify IBIS check as part of the fight on terrorism. Again the purpose is anti-terrorism. However, current INS IBIS check gives at least an appearance that its purpose is to detected out-of-status aliens or criminal aliens who have a characteristics that is not even "remotely" related to the potential terrorists. Demonstration that an agency is doing something is one thing and it is the other that the agency is doing something to contribute to the fight on terrorism. The first may servce the political purpose to show the people that the government is doing something but in substance the current practice focusing on immigration enforcement under the disguise of intelligence clearance will serve no purpose of whatever nature.

Updated 12/02/2002: DOS Releases List of Countries & Enforcement in U.S. for Foreign Courts' Orders for Family Maintenance

• This declaration means that support agencies in jurisdictions of the United States participating in the program established by title
  of the Social Security Act (the IV-D program) must provide enforcement services under that program to such reciprocating countries as if the request for service came from a U.S. state. The list is as follows:
  • ------------------------------------------------------------------------
    Country Effective date
    ------------------------------------------------------------------------
    Australia............................. May 21, 2001.
    Canadian Provinces:
    Alberta............................. Sept. 4, 2002.
    British Columbia.................... Dec. 15, 1999.
    Manitoba............................ July 11, 2000.
    Newfoundland/Labrador............... August 7, 2002.
    Nova Scotia......................... Dec. 18, 1998.
    Ontario............................. August 7, 2002.
    Czech Republic........................ May 3, 2000.
    Ireland............................... Sept. 10, 1997.
    Netherlands........................... May 1, 2002.
    Norway................................ June 10, 2002.
    Poland................................ June 14, 1999.
    Portugal.............................. Mar. 17, 2001.
    Slovak Republic....................... Feb. 1, 1998.
    ------------------------------------------------------------------------
  • For the declaration, please click here.
    
    

Updated 12/02/2002: Non-Biometric BCC For Canadians/Mexicans Invalidated

• The INS has released an Interim Rule invalidating non-biometric Border Crossing ID cards and requiring biomentric BCC for Canadian citizens/certain residents and Mexicans. This rule establishes the procedures to terminate the use of current non-biometric BCCs and introduces a card that is machine-readable and contains a personal biometric identifier of the alien. The rule also provides a requirement that the biometric characteristic contained in any BCC presented for admission on or after October 1,
  2002, must be matched to the alien presenting the card. Click here for the rule.

Updated 11/29/2002: Court Invalidates Restrive Alien Social Security Card Issuance Rule

• A federal judge on Tuesday overturned a Bush administration anti-terror rule barring foreigners from obtaining Social Security numbers to apply for state driver's licenses. The stricter policy for issuing Social Security numbers did not apply to legal aliens authorized to work in the United States. But those foreigners not eligible for employment were effectively prohibited from driving in those states that require a Social Security number to get a driver's license. Only 10 states required Social Security numbers to obtain driver's licenses when the administration made the change. They were Alabama, Hawaii, Illinois, Iowa, Kentucky, Mississippi, New Mexico, Pennsylvania, Utah and West Virginia. For the full report, please click here. See Sonali Iyengar, dt al., vs. Jo Anne B. Barnhart, Civil Action No. 02-0825 (ESH), (U.S.D.C., November 26, 2002), J. Ellen Huvelle
• People should realize that this decision can be a temporary victory in that the government can restart the rule-making process following the proper procedural rule for the rule making. This decision did not get to the substantive legal issue.
  

Updated 11/29/2002: Welcome to Michael Garcia, Incoming Acting INS Commissioner

• It may be another difficult mission to lead an agency during the interim period before the agency will be abolished soon. We realize that Mr. Garcia has a remarkable law enforcement background and is expected to achieve the mission very successfully. We just hope that Mr. Garcia pays an equal attention to the unresolved adjudication functions, including backlog reduction, resolution of delayed rule-making like AC 21 regulation, and fair proceedings with no room for appearance of arbitrariness, inconsistensies, and ineffectiveness as affected by individual idiosyncracies. As a lawyer himself, we trust that he will be able to manage adjudication process strictly on the basis of legal "standard" without being compromised by any influence and idiosyncracies. Welcome, Mr. Commissioner!

Updated 11/29/2002: Farewell to James Ziglar, Outgoing INS Commissioner

• Today marks his last working day with the INS. Known to be a civil libertarian, Mr. Ziglar had to endure a very difficult mission after September 11, 2001. Under the difficult circumstances, it may be a fair assessment that he had his job well done. We wish him the best in his private industry career.

Updated 11/29/2002: U.S. Passport Remain Invalid for Libya Travel Till 11/24/02

• Libya has been taken as a hostile nation and the U.S. Department of State has been "annually" extending its rule invalidating the U.S. passport for travel to, in, through Libya. Today, the State Department announced that effectively immediately it is again extended until November 24, 2003. Read on.

Updated 11/29/2002: Judge Orders Reinstatement of J-1 Visa Sponsorship for American Hospitality Academy

• We reported a few months ago that the U.S. Department of State terminated Exchange Visitor Sponsorship Program (J-1Visa) granted to the American Hospitality Association, which had been sponsoring exchange visitor programs for the hospitality industry, particularly Florida. Read on. On November 26, 2002, the federal district court judge in South Carolina in a dramatic decision ordered the U.S. Department of State to open further hearngs and reinstate the AHA J-1 Visa sponsorship. See Baltimore Sun.

Updated 11/28/2002: Address Change Report: AR-11 vs. AR-11SR

• People should remember that one of the failures that the GAO noted was the INS not enforcing address change violations. GAO reportedly criticized the INS that such failure had resulted in failure to locate suspect aliens. It is thus obvious that the agency will pay more attention to the address change report violators. One thing to note is that when the agency launched the address change requirement campaign, there was reports that certified mail or overnight delivery mail reports were rejected for not being able to handle the volume due to the limited resources and initial confusion. Now, the INS specifically recommends to use such means of filing in order to preserve the evidence of timely report. Thus, prudent people may not only file such report by certain means as certified mail return receipt requested or overnight delivery services, but also note on report as well as the receipt postal certification number or commercial delivery tracking number so that the receipt can prove that certain delivery was made for the report for the specific individual. In fact, this web site advised earlier that whenever people file any documents with the agency by overnight delivery services, they should mark on their cover letters the tracking numbers. Otherwise, the shipment receipt may not work as the definite evidence of the "specific" content in the envelope. This is particularly true with those who file a massive number of cases each day. It will be hard sell to prove which receipt was for which filing when a dispute arises with the agency over physical receipt of such filing by the agency.
• The INS has failed to publicize this, but the people who are subject to the special registration are required to file a different form and use a different postal mail box which has a note of special registration. The form is AR-11SR. Obviously SR stands for Special Registration. The address looks same, but people should notice that in the case of Special Registration, there is "Special Registration" language as part of the filing address. Unless the special registrants follow meticulously these filing procedures, there will be no assurance that their reports are indeed receipted by the agency. Sometimes, the consequences can be very serious. People should always use the INS form site when it comes to the instruction and the forms. Happy Thanksgiving!

Updated 11/27/2002: GAO Report of Security Lapse in Visa Process Leading to Tightening of Security in Immigration

• GAO reported that there was a serious security lapse in nonimmigrant visa processing, issuing visas to the 104 listed terrorism suspect aliens. Reportedly, most of the visas were remoked upon detecting the security lapse but a few of them entered the U.S. Apparently, a couple of them were caught at the port of entry. Report indicates that it was caused by the State Department's policy of issuing visas after 30-day clearance period. In this incidents, the security clearance did not reach timely to the consulates within 30 days and the visa posts issued the visas.
• Now, the 30-day policy is terminated and the visa posts are not issuing visas, no matter how long it takes, until they receive the security clearance from intelligence sources. Probably, it is no coincidence that the INS also started special registration process for those who already entered the U.S. in or before September 2002. It is obvious that the GAO finding of security lapse will affect visa and immigration application processing one way or another.

Updated 11/27/2002: Growing Attention to Mexican Immigration Issue But In Snail Pace

• This site already reported the statement of new U.S. Ambassador to Mexico reaffirming Mexican immigration commitment of the Bush Administration. Yesterday, Bush himself reaffirmed this issue. However, Colin Powell reminded Mexicans that even if the U.S. government is fully committed to this important issue, the so-called regularization of Mexican immigration will take a little bit of time. So, Mexican audience, please keep your patience! Read on. Sooner or later, it will come, though.
• The Mexican immigration issue is growingly a political liability to the current Mexican President!

Updated 11/27/2002: White House Analysis for the Homeland Security Act of 2002

Updated 11/26/2002: State Dept. Latin America/Caribbean Admissions Program for Refugees

• This fact sheet which was released on November 25, 2002 by the U.S. Department of State offers background information on eligibility for refugee status. Read on.
  

Updated 11/26/2002: President Issued Executive Order on Undocumented Aliens in the Caribbean Region

Updated 11/25/2002: DHS Reorganization Plan of November 25, 2002

• The DHS today published, to everyone's surprise, the Reorganization Plan which the President had presented to the Congress immediately upon signing of the Homeland Security Act of 2002. Under the new law, the President is mandated to report the plan to the Congress in 60 days of enactment of the Act and the effective date of such mandate under the Homeland Security Act of 2002 is January 24, 2003. Apparently, the Bush team has been working franzily behind the scene and is trying to accelerate the reorganization process.
• The Plan schedules the following steps for immigration matters:
  • By January 24, 2003:
    • Appoint Deputy Secretary (Supervisor of Director of Bureau of Citizenship and Immigration Services)
    • Appoint Under Secretary of Border and Transportation Security (Supervisor of Assistant Secretary for Bureau of Border Security[immigration enforcement])
    • Appoint Assistant Secretary for Bureau of Security
    • Appoint Director of Bureau of Citizenship and Immigration Services
    • Appoint General Counsel
    • Establish Bureau of Border Security
    • Establish of Bureau of Citizenship and Immigration Services
    • Name Citizenship and Immigration Ombudsman
  • By March 1, 2003
    • Transfer the functions of the Immigration and Naturalization Services
  • By September 30, 2003
    • Complete all the incidental transfer of personnel, assets, etc in connection with the functions transferred.
• This Plan indicates that the INS will not be abolished until March 1, 2003, and reorganization is scheduled to be completed by September 30, 2003.
• For the full text of the 18-page DHS Reorganization Plan of November 25, 2002, please click here. For the President's statement to the Congress, please click here.

Updated 11/25/2002: Acting INS Commissioner Announced

• The President announced today his intention to nominate acting INS Commissioner as stated below. Current INS Commissioner retires on November 30, 2002.
  • The President intends to designate Michael J. Garcia of New York, to be Acting Commissioner of Immigration and Naturalization at the Department of Justice. Mr. Garcia is currently the Assistant Secretary of Commerce for Export Enforcement at the Department of Commerce. Prior to his current position, he was Assistant U.S. Attorney for the Southern District of New York. During his tenure, he was twice the recipient of the Attorney General's Award for Exceptional Service and he also received the Attorney General's Award for Distinguished Service. Earlier in his career, Mr. Garcia worked as a law clerk for New York State Court of Appeals Judge, Judith S. Kaye. He earned his bachelor's degree from the State University of New York at Bingamton and his master's degree from the College of William and Mary. Then received his J.D. from the Albany Law School at Union University where he was first in his class.
• At least on the book, the INS is abolished, but pending reorganization, it appears that the Acting Commissioner should finished up the transition job and operation of the agency. No one knows at this time whether he will be eventually appointed as the Director of Citizenship and Immigration Service Bureau of DHS. For the President's announcement, please click here.

Updated 11/25/2002 EST 2:00 P.M: Bush Just Signed H.R. 5005 Into Law and Named Three Top Immigration-Related Posts In DHS

• Bush announced the following names of key posts for the new Department of Homeland Security at the signing ceremony of H.R. 5005 this afternoon. These three posts will determine the immigration policy and operations:
  • Secretary of DHS: Tom Ridge
  • Deputy Secretary: Gordon England, current Navy Secretary. The Director of Citizenship and Immigration Services will report directly to him.
  • Under Secretary of Border/Transportation Security: Asa Hutchinson, current Director of Drug Enforcement Agency. The Assistant Secetary of Bureau of Border Security that absolves the Immigration Enforcement function will report to him. For White House announcement, click here.
• For President's statement, click here.

Updated 11/25/2002: "Historic Birth?" of DHS and Overshadowing Uncertainty and Nervousness

• As Bush is prepared to sign the H.R. 5005 into law today, the immigrant community is overshadowed by uncertainty and nervousness. Read the reactions. Report indicates that DHS will not be born "physically" today as even for the "temporary" building, DHS will not move into the space for the next 10 days. Bush is mandated to report to the Congress a detailed plan of reorganization of 22 agencies in 60 days. By now, everyone agrees that it will take not a year but several for the new agency to operate in normal fashion.
• Tom Ridge and Asa Hutchinson may probably show smiling faces today, but immigrant community is very much concerned that today may mark as the starting point for further delays in immigration business in the government, at least for the next six months or one year. Who knows, only god may know the answer. Stay tuned.

Updated 11/24/2002: Birth of DHS Tomorrow - Long-Awaited Windfalls for Security Firms

• Now 37 billion dollars of DHS will start spilling out to security firms of all sizes. Report indicates that large portion of the money is expected to go to giant firms, but it will spill down to other medium and small related firms producing security equipments and devices. Find out who some of these firms are. Please click here.

Updated 11/24/2002: Special Registration Required Groups Who Are Already in the U.S: Group I and Group II

• The INS expanded the list of countries whose nationals/citizens are already in the U.S. in two different occasions. Since the first group and second group are subject to two different cut-off dates and different deadlines, it is critically important that these people should pay attention to the following:

• 	Group I	Group II
  Countries	Iran, Iraq, Libya, Sudan, and Syria	Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea*, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, Yemen
  Date of U.S. Entry and Depature Date	09/10/2002 or Before and will stay until 12/16/2002 or later	09/30/2002 or Before and will stay until 01/10/2003
  Registration Period	11/15/02-12/16/2002	12/02/2002-01/10/2003

• People should note that the date of registration deadline is different between the two groups, and the people in Group I should not miss the deadline of 12/16/2002. Strangely enough, in the preamble of the Group II notice, there is a statement that North Korea would have been registered on the effective date of Group II notice, which is December 2, 2002, but the Group I notice did not include North Korea. It appears, though, that there was oversight because of probable confusion with the list of designation of seven terrorism sponsoring countries for the purpose of termination of automatic visa revalidation from trip to contiguous countries. [Please revisit our posting on October 6, 2002 in the Breaking News.] The statement which also alluded to Cuba strongly support this oversight issue. The INS should clarify this as quickly as possible. Even though preamble of a regulation does not have a legal binding effect, the visitors from North Korea may want to contact, for peace of their minds, the INS offices to confirm the deadline for registration.
• People should remember that those who depart before the cutoff date in the foregoing table should not be subject to the special registration requirement.
• For the information on Special Registration for different groups, please click the following links:
  • Special Registration Requirement & Procedure for Incoming/Arriving Nonimmigrants: Click here.
  • Special Registration Requirement & Procedure for Group I Who Are Already in the U.S.: Click here.
  • Special Registration Requirement & Procedure for Group II Who are Already in the U.S.: Click here.

Updated 11/22/2002: INS Released User Manual for SEVIS (Permanent) Dated 11/14/2002

• INS previously released SEVIS User Manual for Temporary Users Dated 11/05/2002. The 11/14/2002 edition is the one the schools and J-visa sponsors should use.

Updated 11/22/2002: Probably the Last Beating of INS Before Abolishment

• GAO reportedly chastisized the INS for its failure to enforce the address change reporting violations, which allegedly had resulted in the government's failure to locate 2000 terror suspect aliens. Since the Congress finally passed the Homeland Security Act of 2002 about four hours ago and it is a matter of three or four days before the President will sign it into law, probably this should be the last beating of the to-be-dismantled poor agency! Read on.

Updated 11/22/2002: INS Designates Additional Nationals for Special Registration Requirement

• Today, the INS released a notice additing more countries to the list of Special Registration Requirement.
• An alien is required to register pursuant to this Notice if the alien:
  (1) Is a male who was born on or before December 2, 1986;
  (2) Is a national or citizen of Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia, United Arab Emirates, or Yemen,who was inspected by the Immigration and Naturalization Service and was last admitted to the United States as a nonimmigrant on or before September 30, 2002; and
• (3) Will remain in the United States at least until January 10, 2003.
  Dual citizens. This Notice is applicable to any alien who is a national or citizen of a designated country, notwithstanding any dual nationality or citizenship.
  Requirement to appear before an immigration officer. All aliens described in foregoing paragraph shall, on or before January 10, 2003, appear before an immigration officer at any of the locations listed in the appendix to this Notice.
  Information to be provided. All these aliens shall: (1) Answer questions under oath before an immigration officer, which answers shall be recorded by the immigration officer;
  (2) Present to such immigration officer:(i) The alien's travel documents, including passport and the Form I-94 issued upon admission, and any other forms of government-issued
  identification; (ii) Proof of residence, such as, but not limited to, title to land or a lease or a rental agreement, and, if applicable, proof of matriculation at an educational institution, and, if applicable, proof of employment; and (iii) Such other information as is requested by the immigration officer; and
  (3) Shall be fingerprinted and photographed by the immigration officer.
• Annual reporting obligations. All these aliens (a) shall appear, within 10 days of each anniversary of the date on which they were registered under this Notice, before an immigration officer at any of the locations listed in the appendix to this Notice and answer questions under oath. All aliens described in paragraph (a) shall comply with all other provisions of 8 CFR 264.1(f)(5)-(9).
  Notice of Change of Address. All these aliens (a) shall advise the Immigration and Naturalization Service, through the filing of Form AR-11, of any change of address within 10 days of such change of address. If an alien fails to notify the Immigration and Naturalization Service in writing of a change of address and the new address, as required by section 265(a) of the Act, 8 U.S.C. 1305(a), the alien may be subject to prosecution under section 266(b) of the Act, 8 U.S.C. 1306(b), and may be deportable as provided in section
  237(a)(3)(A) of the Act, 8 U.S.C. 1227(a)(3)(A). If it becomes necessary to place the alien in removal proceedings, the Immigration and Naturalization Service may use the most recent address provided by the alien for service of the Notice to Appear.
  Inapplicability. The requirements of this Notice do not apply
  to any alien who: (1) Is presently in a nonimmigrant classification under section 101(a)(15)(A) or 101(a)(15)(G) of the Act, 8 U.S.C. 1101(a)(15)(A) or 8 U.S.C. 1101(a)(15)(G); (2) Is lawfully admitted to the United States for permanent residence; or (3) Has applied for asylum on or before November 22, 2002, or has been granted asylum, under section 208 of the Act, 8 U.S.C. 1158.
• This notice takes effect on December 2, 2002. For the full text of notice, please click here. With this Notice, aliens from six of the seven designated state sponsors of terrorism (Iran, Iraq, Libya, Sudan, and Syria) will have been asked to specially register.

Updated 11/21/2002: Have You Heard of "TIA?"

Updated 11/21/2002: Confusing State of Local District Office EAD/AP Processing

• There are conflicting sources of information on the state of same day processing of EAD in some districts. Accordingly, in order not to confuse the visitors, this web site has decided to retract entire report on this issue. It appears that the best sources of information would be each local district office since it appears that there is no absolute mandate for freeze of same day EAD processing in all cases by the INS HQ and somehow it is still left to the districts under certain guidelines. Readers are advised to check with their own district offices rather than relying on this web site's information.

Updated 11/21/2002: Purdue University First To Test SEVIS

• The Purdue University is known to be higher learning institution in the U.S. that has the largest number of foreign students, 5000. Reportedly, the University tested as the first institution to try SEVIS. The result was reported a success. All the schools must start using SEVIS by the end of January 2003, but these schools have been nervous about the operation of the SEVIS. Read on for the details.

Updated 11/21/2002: Senate Passed H.R. 5005, Not H.R. 5710

• It appears that there is a technical problem to make the Homeland Security Act of 2002 to be sent to the President for his signature. Apparently, the House previously passed and sent to the Senate H.R. 5005 and a few days ago passed a similar bill with a number of amendments, H.R. 5710. When the Senate passed the bill, apparently it passed it as H.R. 5005 with the same text of H.R. 5710. During 11/14 Senate consideration of H.R. 5005, H.R. 5710 and H.R. 5005 with S. Amdt. 4901 were identified as essentially the same and the Senate passed H.R. 5005. AILA reported that the House would return to the session tomorrow to pass the Senate version. What a mess!

Updated 11/19/2002: Senate Passed Homeland Security Department Bill Today By 90/9 Votes

• The U.S. Senate this evening passed the Department of Homeland Security bill and the President is expected to sign the bill very promptly. Read on.
• For the summary of immigration-related provisions, please revisit our earlier report on 11/13/2002 as follows:
  • The INS will be abolished and the current INS functions will be reorganized as follows:
    • Bureau of Border Security Enforcement: Headed by the Assistant Secretary for Border Security of DHS, this Bureau will take over the following functions from the INS (currently all local INS District Office functions):
      • Border Patrol
      • Detention & Removal (formerly deportation and exclusion)
      • Intelligence
      • Investigations {Immigration Investigators)
      • Inspections (Immigration Inspectors)
    • Bureau of Citizenship & Immigration Services: This Bureau will be under command of Deputy Secretary of DHS and take over the following functions from the current INS:
      • Immigrant Visa Petitions Adjudications
      • Naturalization Adjudications
      • Asylum and Refugeee Adjudications
      • All the adjudications currently undertaken by the Service Centers
      • All other adjudications.
    • The Assistant Secretary of Bureau of Border Security Enforcement and the Director of Bureau of Citizenship & Immigration Services are at the same level in the rank within the Department. However, interestingly enough, the head of the Bureau of Citizenship & Immigration Services reports directly to the Deputy Secretary and the Assistant Secretary of the Bureau of Border Security reports to the Undersecretary. In this regard, the Bureau of Citizenship & Immigration Services is in a stronger power than the border security bureau.
    • EOIR (Executive Office for Immigration Reviews): This Office currently covers the Board of Immigration Appeals and Immigration Judges. This Office will remain under the command of the Attorney General of U.S. Department of Justice.
    • Visa Functions: Policy making authority will be transferred to the DHS, but the Secretary of State will retain certain policy making functions.
• Access Through INS Web site:

Homeland Security Act of 2002 (Full Text) {INS Site}

Bureau of Citizenships & Immigration Services

Border & Transportation Security Directorate

• This bill is officially named "Homeland Security Act of 2002." Even though there are some changes, it's skeleton mirrors Bush's original proposal. It will be interesting to compare this legislation with the Bush proposal to understand the scale of overhaul of the government agencies. Please click here for Bush's the proposal (pdf).
• Our unknown immigration journey now starts!

Updated 11/19/2002: Senate to Vote Security Bill Today but Not House Versions

• The Senate is scheduled to vote the Department of Homeland Security Bill without the so-called "seven special interest" provisions forcing the House to return to session. Report indicates that the homeland security bill, the bill the president supported, was 35 pages long. The bill that has been presented to the Senate to vote on Tuesday is 484 pages long, filled with special interest legislation, loaded up by the House Republicans in the last few days. The House majority whip hinted that should the Senate votes out these provisions, the House will return and fight it out in early December. Read on.
• The 107th Congress will sunset and the new 108th Congress will dawn on January 7, 2003. Under the Constitution, any legislative bills that fail to pass before the sunset of the Congress automatically die.

Updated 11/17/2002: Disappointing INS Statistics of Adjudications as Reflected in Monthly Statistics Report for September 2002

• This statistical report pictures only a negative news for immigrant community. Applications and petitions for immigration benefits in September 2002 decreased 13 percent compared to the number received in September 2001. September approvals were down 17 percent, while denials increased by 40 percent when compared to September 2001. Additionally, the number of pending benefit applications/petitions increased approximately 346,000 as a result of the inventory. It is disturbing in that there were more denials and despite the reduced caseloads, backlog increased. Without doubt, these statistics including recent issuance of increased number of RFEs reflect the agency's focus on increased scrutiny of cases for violation of status at the sacrifice of processing times and reduction of backlog. Now people will understand why their cases have been experiencing such a delay in recent months! For the INS report, please click here.

Updated 11/17/2002: DOL Makes Available Online Access To DOL H-1B Labor Condition Applications Record/Database For Each Employer

• The U.S. Department of Labor has launched online access to employers' H-1B Labor Condition Application record/database of the Department. Please click DOL Online LCA Database.

Updated 11/16/2002: Asa Hutchinson For Head of Border Security Bureau of DHS

• Washington Times reports that former prosecutor and Congressman from Arkansas, and current Director of Drug Enforcement Agency, Asa Hutchinson, will be nominated to head the Border Security Bureau of the new Department of Homeland Security. Asa Hutchinson is a familiar face to the people through his aggressive spearheading of the team in the House to impeach the President Clinton. As people know, the enforcement function of current INS will come under this Bureau. Tom Ridge who will be officially nominated next week as the Secretary of the new Department is reportedly busy to put together the team in his new Department. It is interesting to learn who will head the Citizenship and Immigration Services Bureau in the new Department. Please stay tuned to this web site.

Updated 11/15/2002: Fire, Rehire, & Failure to Notify INS of Termination of H-1B Worker Cause Back-Wage Pay Liability

• The Administrative Law Judge of the U.S. Department of Labor handed down an important ruling on November 13, 2002 which can have a serious impact on H-1B workers employment. In a decision involving 19 H-1B workers, the ALJ ruled that where the employers fired them and rehired, there was no termination of employment during the period for the purpose of determining back-wage liability expecially when the employers had failed to notify the INS of termination of employment in compliance with the DOL H-1B Labor Condition Application Regulation. For the full text of the case, please click here.

Updated 11/14/2002: Nebraska Service Center Changes P. O. Box Address for Address Change Notice

• Caveat: This is not AR-11 Address Change. This information is for the aliens whose cases are pending before the NSC and they need to notify the NSC of address change to assure that the communication from the NSC is not misdelivered. This address change report is separate, repeat separate, from AR-11 filing requirement.
• Currently such report is made on the Green Form, G-731N (N stands for Nebraska Service Center), which shows the mailing address of Nebraska Service Center, P. O. Box 82521, Lincoln, NE 6850-2521. AILA reports that the NSC designated a new P.O. Box for such address change report and people may correct the Green Form and mail it to the following new P.O.Box address:

Updated 11/14/2002: Checkpoints Are Set Up for Illegal Aliens in Michigan

• Check points are set up near Port Huron and Trenton in Michigan and all the traffics are checked targetting at detecting and arresting illegal aliens and terrorists. Michigan is home to about 350,000 Arab-Americans. For the news, please click here.
• The recent saga of Osama Bin Laden tape is taken as an alert to the U.S. intelligence community for mounting risk of potential terroristic attacks, and it is anticipated that the security will be intensified in all fronts at all levels. The alien community should be aware of this changing environment and aliens should always travel even within the country in possession of legal documents and those who are out of status or illegal should be mindful of increasing risk for such challenge. Norther border arrests have already created some tension between the U.S. and the Canada.

Updated 11/14/2002: Attorney General Discloses Results of Special Registration

• According to the news report, Attorney General John Ashcroft announced last week that since September 11 of this year, more than 14,000 international visitors from Iran, Iraq, Libya, Sudan and Syria had been fingerprinted at U.S. border crossings; 179 had been arrested. Remember that this figure includes only border crossings. The number could be much larger if it includes the special registration in all designated registration points!

Updated 11/14/2002: How the H.R. 5710 Will Affect Job Security and Rights of 170,000 Employees?

• Because of the negative affect on their rights, this legislation will have a lingering emotional fall-outs, according to the news. Read on.

Updated 11/13/2002: How Immigration Organization Changes After the H.R. 5710 Enactment?

• The INS will be abolished and the current INS functions will be reorganized as follows:
  • Bureau of Border Security Enforcement: Under command of the Under-Secretary for Border & Transporation Security of DHS, this Bureau will take over the following functions from the INS (currently all local INS District Office functions):
    • Border Patrol
    • Detention & Removal (formerly deportation and exclusion)
    • Intelligence
    • Investigations {Immigration Investigators)
    • Inspections (Immigration Inspectors)
  • Bureau of Citizenship & Immigration Services: This Bureau will be under command of a higher-up officer, Deputy Secretary of DHS and take over the following functions from the current INS:
    • Immigrant Visa Petitions Adjudications
    • Naturalization Adjudications
    • Asylum and Refugeee Adjudications
    • All the adjudications currently undertaken by the Service Centers
    • All other adjudications.
  • EOIR (Executive Office for Immigration Reviews): This Office currently covers the Board of Immigration Appeals and Immigration Judges. This Office will remain under the command of the Attorney General of U.S. Department of Justice.
  • Visa Functions: Policy making authority will be transferred to the DHS, but the Secretary of State will retain certain policy making functions.
• The bill includes some interesting backlong reduction and prevention mandate provisions. We will summary this later.

Updated 11/13/2002: House Passed Compromise DHS Bill, H.R. 5710 by 299/121 and In the Senate, Democrats Versions Defeated by 50/47

• The House passed the compromise Department of Homeland Security Bill this evening by 299/121 vote. For the details, please read the CNN report.
• In the Senate, Democrats attempted to push its versions which was blocked by the Republicans by 50/47 vote with the support of Acting Senator from Minnesota who sided with the Republicans. This move paved the way for the Senate to pass the House's Compromise Bill. Report indicates that the Senate has already agreed to joint conference with the House on the bill. For this news, please read the Washington Post report.
• For the full text of the compromise bill which just passed the House, please click here. (484 PDF pages. Patience needed for downloading!)
• In immigration matters, as we reported earlier today, the House compromise bill changed its previous bill, H.R. 5005, that separated INS into two federal departments (enforcement to DHS and immigration to DOJ) and brought into the new DHS both functions under separate line of command within the same new Department. For the details, please read the bill.

Updated 11/13/2002: Expedite Removal of Illegal Arrivals at Sea Effective Today

• Today, the INS published and started enforcement of expedited removal proceedings for those who arrive at the U.S. land via sea without(oops!) parole or admission. This INS notice is in line with release of notice by the U.S. Coast Guard a few days back to reinforce the defending the sea ports from arriaval of Caribeans boat people.
• This Notice authorizes the Immigration and Naturalization Service (``the Service'') to place in expedited removal proceedings certain aliens who arrive in the United States by sea, either by boat or other means, who are not admitted or paroled, and who have not been physically present in the United States continuously for the two-year period prior to the determination of inadmissibility under this Notice. Aliens falling within this newly designated class who are placed in expedited removal proceedings will be detained, subject to humanitarian parole exceptions, during the course of immigration proceedings, including, but not limited to, any hearings before an immigration judge. Please click here for the Federal Register Notice. See also INS Announcement.

Updated 11/12/2002: INS Form Changes and Recommended Use of INS Website Forms Only

• The Immigration lawyers usually use commercial form softwares and these forms are fairly quickly updated. However, the unrepresented aliens or employers tend to use the forms through other web sites and other non-INS sources. Considering the fact that the INS forms are constantly revised or enacted, it may be prudent for the people to start using the INS web site forms, most of which are online fillable, free, and updated upto the minute with the accompanying instructions. Should they use the forms from other sources, they should always check with the INS web site forms to assure proper filing and not to experience rejection of filing by the INS. Sometimes, the consequence of using outdated forms can be deadly.

Updated 11/12/2002: AR-11 Form INS Filing Address Change

• INS has changed the location of office for filing of AR-11 address change report.
• INS now has a new mailing address for these forms:
  • Immigration and Naturalization Service
    Change of Address
    P.O. Box 7134
    London, KY 40742-7134
• For commercial overnight or fast freight services, only:
  • Immigration and Naturalization Service
    Change of Address
    1084-I South Laurel Road
    London, KY 40744
• The form AR-11 is available in different foreign languages, but the only AR-11 form they can accept is the form in English language and the form has to be completed in English as well. Accordingly, the form in foreign language is just for alien's information only. For the INS annoucement, please click here.

Updated 11/12/2002: 7th Year H-1B Extension Under DOJ Authorization Act and DOL Policy on Labor Certification Expedite for H-1B

• There is a disappointing report by the AILA which reported their Liaison Meeting with the DOL dated 11/04/2002 that because of the enactment of DOJ Authorization Act which allow H-1B extension beyond 6-year limit, DOL will no longer consider adopting a policy of labor certification application expedite for those H-1B professionals who will be approaching 6-year limit.
• It appears, though, that DOL missed the point. The need for expedite for labor certification should not focus on the issue of DOL processing delays. The critical factor for consideration should have been "equitable consideration" just as the standard for expedite on the part of the INS and State Department expedite for aging-out cases. In other words, the need for labor certification expedite is heightened for the cases whose H-1B 6-year limit will reach in less than a year, which is analogous to the INS expedite for aging out cases. For these cases, "compelling" nature of situation and need for equitable consideration in the administrative prodeeings are heightened as opposed to those who have been waiting for 365 days or longer. It is submitted that the DOL should, repeat, should still adopt the expedite policy for those who will reach the 6-year H-1B limit within less than 365 days, no matter how long they have been waiting for the labor certification application. In fact, this has been the basis for consideration of expedite at some Regions and State offices that required the proof of approaching 6-year limit within 6 months or less. It is hoped that some Regions or state offices will continue their practice of expedite on equitable consideration.

Updated 11/09/2002: Worriesome Misunderstanding of "Grace Period" for H-1B

• The INS and this web site have repeatedly warned the immigrant community on this issue, but our law firm has been receiving calls from laid-off H-1B professionals arguing either 10-day grace period or 30-day or 60-day or 90-day or even 6-month grace period. Such misunderstanding can result in a grave consequence since they do not realize that they are out of status and can be arrested and deported if they are exposed to the agencies. It is thus critically important that the H-1B professional community clearly understands the rules and make no mistake about the law.
• 10-Day Departure Time After Completion of H-1B Petition Period: The INS regulation gives 10 days for the departure from the U.S. for the H-1B professional who completes H-1B services as provided in the approved H-1B petition. During this period, such alien remain in status and can "legally" seek change of status or extension of status. During this 10-day period, the alien does not, repeat not, have an authorization for employment.
• Fall Out-Of-Status in All Other Circumstances if Employment Is Terminated for Whatever Reasons: If employment is terminated during the period of current H-1B petition period, the H-1B alien falls out of status. For the purpose of the immigration enforcement, such alien can be arrested and subject to deportation proceedings if the information is known to the INS enforcement officials.
• Extension or Change of Status Application Eligibility on "Extraordinary Circumstances" Ground: The fact that certain alien fell out of status because of termination of employment and can be subject to enforcement does not mean that all of them are not eligible for application for COS/EOS. Under the INS regulation, the alien is eligible for COS or EOS if he/she establishes "extraordinary circumstances" for the "untimely" filing of COS/EOS after the employment is terminated. However, filing such application does not turn the alien's legal status automatically into "in status" even though the INS enforcement officials may consider a case-by-case situation and hold in abeyance of enforcement action in certain situation. It is thus critically important that the people understand the distinction between consequence of unemployment on enforcement purposes and consequence of unemployment on eligibility of COS/EOS. It appears that most of the confusion on the so-called "grace-period" in the H-1B immigrant community stem from the information which they get from their lawyers or employers or friends that they can still transfer H-1B status to another employer even after unemployment in certain cases. This statement is true in certain cases, but this statement does not tell the people that for the purpose of deportation law, they will still be subject to deportation actions if they are exposed to the immigration investigators and deportation officials.
• What Are "Extraordinary Circumstances" for the Purpose of COS/EOS Eligibility? This is the subject which most of the people are talking about when they allude to so-called "grace-period." This reporter must again caution the readers that this discussion is strictly limited to the question of eligibility for change or extension of status and not, repeat not, related to the implication for enforcement by the INS local officials.
  • Definition: This is a loose standard the interpretation of which has been left to the adjudicators and policy makers, even though broadly it has given a guideline such as "humanitarian concerns" "economic loss" or "equitable considerations related to something which was caused by factors beyond the control of the alien" etc. Because of the loose end, it has been very much left to the "interpretation" and "discretion" of the INS as to how they interprete within this broad guideline. Let's see how this has been interpreted in actual practice of the agencies:
  • Service Centers: They have never announced any official policy, but through the communications with the AILA, different Service Centers revealed their different practices as follows (This does not apply if the alien voluntarily departs from the employment):
    • Nebraska Service Center: Initially 60 days, and later 30 days, until recent decision to apply the interpretation narrowly. Since the "zero tolorance" policy is released, they no longer exercise such discretion on any "fixed period" of unemployment. Cases are handled strictly on a case-by-case basis.
    • Vermont Service Center: Initially upto 90 days but recently follow the suite of other Service Center practices which are described above.
    • Texas Service Center: Initially upto 60 days and the current situation is same with other Service Centers.
    • California Service Center: Initially upto 60 days and the current situation is same with other Service Centers.
    • Accordingly, when it comes to the Service Centers practice, there is no longer so-called "grace period."
  • INS HQ: In the past, the INS HQ interpreted the term "extraordinary circumstances" broadly and allowed the Service Centers to exercise their discretion generously. This was reflected in the so-called AC 21 Memorandum which stated when the regulation is enacted, it will provide a window of 60-day period. Because of this memorandum, the lawyers and the Service Centers loosely assumed that the INS would exercise such discretion within that window period of time. This also became known to the immigrant community "a grace period." Even though the Memornadum clearly stated that such window period will not be available until the regulation is actually enacted, the rumor of grace-period of 60-day started spreading like a wild forest fire. In order to stop this fire, the INS officials repeatedly released their views that there was no such window period since AC 21 regulation has yet to be enacted, the fire has never stopped! At this time, god knows when the INS will release the AC 21 regulation. The only thing the people know is that because of the recent security sweep and tightening of adjudication process, the INS has been undertaking intensive scrutiny of "out-of-status" of nonimmigrants. It is thus extremely dangerous and irresponsible that people keep spreading the rumor of so-called "grace-period" for H-1B transfer. This reporter is really concerned that because of the current environment of the INS enforcement, this can produce many victims in the future. Eventually, it is the H-1B professionals themselves who should check the correctness of the rumors and not act just on rumors!!

Updated 11/08/2002: H-1B Professionals Approaching 6-Year Limit: What Are Options?

• Recent changes in laws and policies allow the H-1B professionals approaching 6-year limit to complete the green card without fear of being forced to depart from the U.S. because of the 6-year limit of H-1B visa. The options are as follows:
• AC 21, as amended by DOJ Authorization Act: If a labor certification application is pending or I-140 is pending and 365 (oops!) day has passed, he/she can apply for H-1B extension indefinitely in one-year increment until the decision is made one way or another. If approved, it continues until the green card is approved. If denied during any stage of the employment-based proceedings (LC or I-140 or I-485), then H-1B is terminated and no extension is available.
• 245(K) Relief: Even with the exhaustion of the foregoing options, should he/she not be able to get the legal status extended, 245(k) provision should be used, which allows him/her to file I-140/I-485 concurrent filing inasmuch as the labor certification is approved in 6 months from the date of expiration of H-1B status. This law forgives out of status or unauthorized employment for less than 6 months for the purpose of filing I-485 application. He/she does not even have to pay $1,000 penalty which is required in 245(i) cases. Cabeat: Even if one is eligible for 245(k), he/she remains "illegal" until I-485 is filed and can be arrested and deported. Once I-485 is filed and receipted, he/she remains in status until I-485 is decided. This is analogous to the H-1B person who loses the job and after a short period files a new H-1B petition through a new petition. If "extraordinary circumstances" is established, the INS can approve such new petition, but until the decision is made, the H-1B alien remains an "illegal" alien and can be arrested and deported. Another example is 245(i). Once I-485 is filed and receipted using 245(i) relief, the alien remains in status, but until I-485 is actually filed, he/she can be arrested and deported.
• Application for Change of Nonimmigrant Status: If one is not eligible for any one of the foregoing options, he/she should file I-539 applications timely to maintain the legal status until the labor certification is approved. Once labor certification is approved, one can file one-step I-140/I-485 quickly and continue the legal status and get the EAD for work. Under the law, the alien maintains a legal status pending a nonfrivolous application for change or extension of nonimmigrant status until it is decided.
• The foregoing information is provided as the economy is continuously showing downturn and H-1B professionals should have the knowledge of delicate immigration laws that can guide them through the legal process.

Updated 11/08/2002: INS Released User Manual for Temporary Users of SEVIS

• INS released the PDF version of 41-page User Manual for Temporary Users of the Student and Exchange Visitor Information System. These manuals are to be used by the Designated School Officer of schools and J-1 sponsors for F-1, M-1, and J-1 students/visitors. However, it helps the students and exchange visitors to understand this monitoring system and be better prepared to assist the DSOs.

Updated 11/07/2002: Lingering Problem of Visa Processing Delays in the Most Heavily Travelled Season

• We are approaching the most heavily travelled holiday season in a year. This web site has already warned people of continuing problem in visa processing in the American consulates. This office itself receives e-mails from people who are stuck in their home countries because of the delays in visa processing. This includes Chennai in India. Report indicates that some minor mistakes in filling out DS 156 and DS 157 face denials because of the security concerns and they need to refile it. Additionally, drop-box processing appears to be reduced and more cases are scheduled for interviews, again apparently for the security concerns.
• Those who do not have a valid visa in the passport may want to rethink the upcoming holiday travel as their timely return to the U.S. will be indeed unpredictable. Remember also that besides the security-related processing delays, the consular services tend to slow down in the holiday seasons because of the reduced resources available during the period. Those who do have to travel no matter what should visit the web sites of American Consulates of their jurisdiction before they apply for the visa to make it sure that they comply meticulously with the consulates' specific instructions. Additionally, people should attach sufficient ID evidence to minimize the chance of facing a serious delay.

Updated 11/06/2002: INS Expands and Announces Special Registration Requirement For 5 Designated Nationals Before 12/16/2002

• Under the previously enacted regulations, the special registration requirement for people from Iran, Iraq, Libya, Sudan, and Syria was known to apply only to those who entered after the date of enactment of regulation. Today, the U.S. Attorney General issued a notice that the people from these countries who fit the following categories "must" appear at the designated offices in this notice on or before December 16, 2002 to undergo the special registration:
  • Males of 16 years or older; and
  • Admitted to the U.S.on or before 09/10/2002; and
  • Intend to remain in the U.S. until at least 12/16/2002.
  • Applies also to dual nationals!!
  • Those who have already filed an asylum and provided sufficient information are excepted from this requirement.
• For the details of registration requirements, procedures and designated INS offices, please read the notice.

Updated 11/05/2002: U.S. Coast Guard Announces Intensified Patrol To Control Illegal Immigrants From Caribean Islands

• The U.S. Coast Guard today announced that it reinforced patrol in the coasts to stop the streams of illegal aliens coming in the boats in sea. Apparently, this action is taken in response to the recent incident of Haitian refugees arrested in a boat in Florida. For the details, please click here.

Updated 11/05/2002: DOS Reportedly Predicts No Retrogression For EB-Visa Numbers

• AILA has reported that DOS does not anticipate that the immigration visa numbers for employment-based cases will retrogress until September 30, 2003 or even until September 30, 2004, except that the unskilled category can experience backlog depending on development of the situation. Meanwhile, family-based visa numbers are reportedly to move forward in more rapid pace in the next several months. Apparently, the prediction is based on the slow-down of the INS 485 application processings and the visa posts' processing delays owing to the time-consuming security checks.

Updated 11/03/2002: American Consulate in Ciudad Juarez, Mexico Terminates Third Country National's Visa Application Effective 11/01/02

• The Consulate announced that as of November 1, 2002, the U.S. Consulate General in Ciudad Juarez no longer accepts applications for nonimmigrant visas from non-Mexican nationals, except for: 1) those who have Mexican legal residency/work permits; 2) some continuing F1 students. Continuing F1 students mean students in full-time degree programs who can demonstrate that their initial F1 or B2 "Prospective Student" visa was issued in their home country. For this exception for certain F1 students, please click here. Appointments accepted and scheduled before the cut-off date are still valid.

Updated 11/02/2002: President Signed Today DOJ Authorization Bill

• The President today signed into law this legislative bill, H.R. 2215. Consequently, the following provisions have taken legal effect as of today:
  • H-1B extension eligibility beyond the 6-year limit who spent 365 days or more since filing labor certification application or employment-based immigrant petition. For the labor certification cases, there is no requirement that I-140 has been filed or approved. Congratulations to all the H-1Bs.
  • Conrad 30 Program for International Medical Graduates: This law is effective retroactively as of May 31, 2002. Each state can sponsor 30 IMG J-1 waiver applications until May 31, 2004. Congratulations to the State Conrad Administrators and IMGs.
  • Extensive Changes for EB-5 Investor Immigration Program: The summary will be reported soon.
  • Alternative Naturalization Application for Child by Grandparent If the U.S. Citizen Parent Dies: This will also be summarized and posted soon.
• For the full text of the relevant provisions of this new law, please click here.

Updated 11/02/2002: President Signed Into Law Border Commuter Student Act of 2002 for Canadians/Mexicans

• Today, the President signed into law H.R. 4967 to permit Canadian and Mexican commuting students to obtain and maintain F-1 and M-1 visa status on part-time course of study, exempting from requirement for maintaining "full course of study" which are requirement for all other nationals.
• ESTABLISHMENT OF BORDER COMMUTER NONIMMIGRANT CLASS.
• (a) CLASS FOR ACADEMIC OR LANGUAGE STUDIES- Section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) is amended by striking `and (ii)' and all that follows through the end of subparagraph (F) and inserting the following: `(ii) the alien spouse and minor children of any alien described in clause (i) if accompanying or following to join such an alien, and (iii) an alien who is a national of Canada or Mexico, who maintains actual residence and place of abode in the country of nationality, who is described in clause (i) except that the alien's qualifications for and actual course of study may be full or part-time, and who commutes to the United States institution or place of study from Canada or Mexico;'.
• (b) CLASS FOR VOCATIONAL OR NONACADEMIC STUDIES- Section 101(a)(15)(M) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(M)) is amended by striking `and (ii)' and all that follows through the end of subparagraph (M) and inserting the following: `(ii) the alien spouse and minor children of any alien described in clause (i) if accompanying or following to join such an alien, and (iii) an alien who is a national of Canada or Mexico, who maintains actual residence and place of abode in the country of nationality, who is described in clause (i) except that the alien's course of study may be full or part-time, and who commutes to the United States institution or place of study from Canada or Mexico;'.

Updated 11/02/2002: I-140/485 Concurrent Filing Rule Clarification

• When the INS launched the concurrent filing procedure, there were a few questions which had not been answered by the INS. The following are the clarification by the INS HQ as of now:
• Jurisdiction: When the job site is different from one's residence for whatever reasons, people should follow the following rules:
  • If I-140 is already approved, people will be allowed to file with either the Service Center that has jurisdiction over I-140 or the Service Center that has jurisdiction over I-485.
  • If I-140 and I-485 are filed together concurrently, it should be filed with the Service Center that has jurisdiction over I-140 and not the Service Center that has jurisdiction over I-485.
  • If I-140 has already been filed and one files I-485 afterwards but while the I-140 is still pending, such I-485 must be filed with the Service Center where I-140 is pending.
  • I-140 jurisdiction is determined by one of the following factors: (1) Job site as shown on labor certification application, or (2) Main business office location of the employer if the labor certification was filed for undetermined location, or (3) If employer has a sole jurisdiction arrangement with any Service Center, that Service Center has jurisdiction over I-140, however, the Service Center that has jurisdiction over the job site on the labor certification may also be able to exercise jurisdiction over the I-140, or (4) If a self-petition, where the alien resides.
  • I-485 jurisdiction is determined by the alien's place of residence.
  • In any event, the best policy is to file I-485 with the Service Center which has jurisdiction over the I-140, no matter whether I-140 has already been approved or still pending.
• Processing of the Concurrently Filed I-140 and I-485: The INS bifurgates the proceedings. Initially it was unclear, but the INS HQ confirms that the two are processed separately. Therefore, I-140 will be first adjudicated as separate from I-485, and the Service Centers will issue Receipt Notice and Approval Notice as if I-140 was filed independently. This decision helps the people who need to utilize 180-day change of employer rule under AC 21 since the I-140 Receipt Notice will be issued early on. Additionally, the Service Centers are targetting to adjudicate such concurrently filed I-140 form 60 days to 90 days.
• Availability of 180-Day Rule of AC 21 Pending I-140 Petition: The INS has yet to make decision on this issue and both the INS HQ and all the Service Centers decline to answer this question as of now. This is a situation where the decision of concurrently filed I-140 takes more than 180 days for whatever reasons.
• EAD/Advance Parole: Unless I-140 statutory and prima-facie eligibility review is completed or I-140 is approved, EAD and Advance Parole applications will remain "on hold." Additionally, if RFE is issued for I-140, it stops the clock of running of 90 days for the purpose of eligibility for interim EAD until the response to the EAD is received by the Service Centers. Accordingly, the concurrent I-140/485 filers should maintain his/her nonimmigrant status as long as possible not for the purpose of maintaining a legal status in this country but for the purpose of keeping employment authorization that comes with H-1B or L-1 or other employment-based nonimmigrant visa status. As far as maintaining a legal status, proper filing and receipt of I-485 automatically make such alien's legal status in this country "legal" pending adjudication of I-485. According to the recent opinion of the INS, this includes those who have returned from overseas trip and reentered the country on "advance parole" and the paroled I-94 expires pending I-485 adjudication. In the event that he/she fails to receive EAD after filing the concurrent I-140/485 and fails to maintain the employment-based nonimmigrant status for whatever reasons, he/she should stop working until EAD is received or such employment-based nonimmigrant status is resolved. For most of the employment-based nonimmigrants, filing of petition for extension, I-129, automatically grants 240 days permit for employment pending adjudication of such I-129. In this regards, the people who can face a serious trouble because of the delay of issuance of EAD will be more or less limited to those who are not in a "valid" nonimmigrant status at the time of I-140/485 filing or while he/she was waiting for EAD approval.

Updated 11/01/2002: Constitutionality of Closed Hearings: Will U.S. Supreme Court Step In?

• There are currently conflicting rulings on this constitutional issue among the Courts of Appeals in the nation and legal community is facinated by the issues and impact on the fundamental rights of non-citizens. For the analysis of the status and the issues of this legal dispute, please click here.

For Pre-11/01/2002 News, Please Click Here.