Virtual Office Attorney

Americans love conveniences.  Drive-Thru banking, coffee, fast food, dry cleaning, kegs of beer, etc.  Now, companies in the United States are using "expediters" to get visas for their employees.  Outsourcing for Visas!  What a time saving idea.

Last fall, my family traveled to West Africa.  I was the family member responsible for obtaining visas for family members. I know you're thinking, perfect for an immigration attorney! It was a tedious & unclear process. This was in addition to shots, meds to prevent malaria, gifts, luggage, and passports (for only one child - thankfully everyone else had a current passport....remember the record delays in 2007!)  It would have been nice to delegate getting visas to a reliable expediter.

According to the Atlanta Business Chronicle, Senate Bill 529 - Georgia Security/Immigration Compliance Act is expanding. 

The law requires government agencies and private companies seeking government contracts to verify the immigration status of prospective employees, using a federal electronic verification system to screen for workers who are not in this country legally.

During its first year, the law has applied only to agencies and companies with 500 or more employees. But starting July 1 this year, that threshold will be lowered to employers with at least 100 workers.

State and local governments are continuing to create responses to the lack of immigration policy making on the federal level.  I only hope that the officials elected and re-elected will take on this issue and create a balanced approach for all. 

On June 9th, Secretary Department of Homeland gave a state of immigration address.   Among the highlights, Secretary Chertoff announced the Department of Homeland Security will be extending the validity period of the employment authorization documents (EAD) for individuals who are waiting to adjust status (AOS) to become lawful permanent residents (LPR) aka "green card" recipients.   

Previously, AOS applicants were issued EADs for one year.  Beginning June 30, Department of Homeland Security USCIS will issue EADs with a two-year validity period for individuals who are AOS if their application is expected to be pending for more than a year.

This will save many people additional fees for work authorization documents.  Further, this will reduce the stress individuals have to endure while waiting for processing that can seem to take a lifetime.  Thank you to the Department of Homeland Security for making some improvements in the system!

U.S. Citizenship and Immigration Services (USCIS) announced that on June 16, 2008, it will begin accepting Premium Processing Service requests for Forms I-140 (Immigrant Petition for Alien Worker) filed on behalf of certain alien workers who are nearing the end of their sixth year in H-1B nonimmigrant status.

The U.S. Department of Homeland Security announced the launch of the Passenger Service Program at U.S. ports of entry.  Passenger Service Program, CBP service managers will serve as a dedicated point of contact for identifying and resolving passenger issues.  The program will be established at CBP’s top 20 Model Ports.

The U.S. Department of Homeland Security Customs and Border Protection (CBP) announced the Global Entry pilot program at U.S. ports of entry.

Global Entry is a customer service and security program designed to expedite the screening and processing of pre-approved, low-risk U.S. citizens and lawful permanent residents traveling from abroad to the U.S.

Global Entry applicants will voluntarily provide their biographic and biometric information, undergo a background check and complete an interview with a U.S. Customs and Border Protection officer.

Once accepted, Global Entry travelers can use a kiosk at any of the three pilot airports to verify their identity electronically and make any needed customs declarations.

Wow!  I'm all for faster processing though customs when I return from my next international trip.  This should make it more pleasant for travelers.

U.S. Citizenship and Immigration Services (USCIS) announced it will revise language in transfer notices received by petitioners who filed a Petition to Remove Conditions on Residence (I-751).  The current notice includes language that may cause petitioners to believe their cases have been approved.

The current transfer notice currently contains the following phrase: “CRI89 approved removal of conditions (I89).” That statement means that the biometric portion of the case has been successfully transferred.   That langugage does not mean that the petition itself was approved.

U.S. Citizenship and Immigration Services (USCIS) announced it has centralized initial processing of all applications for naturalization (Form-400) at its National Benefits Center.

Applicants will continue to file their N-400, including all supporting documents and fees with the USCIS Service Center having jurisdiction over their place of residence. Also, applicants will continue to report to a local field office for the interview and naturalization test.

The U.S. Department of Homeland Security announced the Interim Final Rule for the Electronic System for Travel Authorization (ESTA), a new online system that is part of the Visa Waiver Program and is required by the Implementing Recommendations of the 9/11 Commission Act of 2007.

Once ESTA is mandatory, all nationals or citizens of visa waiver countries who plan to travel to the United States for temporary business or pleasure under the VWP will need to receive an electronic travel authorization prior to boarding a U.S.-bound airplane or cruise ship.

Currently, citizens of VWP countries complete a written I-94W while en-route to the U.S.  With ESTA, VWP travelers will provide this information online prior to departure for the U.S.

U.S. Citizenship and Immigration Services (USCIS) recently entered into a settlement agreement in a national class action, Kaplan, et al. v. Chertoff, et al., CV 06-5304. The suit was brought by non-U.S. citizens who had lost or who were about to lose their eligibility for Supplemental Security Income (SSI) based on a statutory seven-year limit, and who were unable to become naturalized U.S. citizens before the loss of SSI benefits. Under the settlement agreement USCIS will expedite I-485 (Application to Register Permanent Residence or Adjust Status) – commonly referred to as ‘green card’ applications – and N-400 (Application for Naturalization) of current or former Supplemental Security Income (SSI) beneficiaries if the application has been pending with USCIS for more than six months.