Virtual Office Attorney

U.S. Citizenship and Immigration Services (USCIS) announced that it anticipates naturalization application processing will average 10-12 months nationally by the end of September 2008.

During Fiscal Year 2007, USCIS received 1.4 million naturalization applications, nearly double the normal annual volume.  As a result, average processing times significantly increased.  USCIS will continue to shift resources to ensure that all local offices achieve the goal of five month processing times.

USCIS field office projections are listed here.  These projections indicate the average time it will take to complete a naturalization case as of the end of September 2008.

U.S. Citizenship and Immigration Services (USCIS) announced it has revised the filing instructions for the Petition to Remove Conditions on Residence (Form I-751).  Also, all petitioners filing a Form I-751 must file with the California or Vermont Service Center, depending on where they live.

Beginning September 24, 2008, USCIS will only accept the revised form dated August 25, 2008, and will reject previous versions of the form as well as petitions filed with the incorrect Service Center.

 

You can see more here.

According to the New York Times, federal officials granted temporary legal status to 15 illegal immigrants whose spouses or parents died on 9/11.

The immigrants have lived in limbo since the attacks on Sept. 11, 2001. They were the wives, husbands and children of several victims in the World Trade Center, some of whom were legal immigrants, the rest of whom were illegal themselves.

See the article here.

USCIS announced that customers can now research their family’s immigration history through the agency’s new Genealogy Program.

USCIS maintains historical records documenting the arrival and naturalization of millions of immigrants who arrived in the United States since the late 1800s or and naturalized between 1906 and 1956. Until August, the process to request these records was handled through a Freedom of Information Act / Privacy Act (FOIA) request.

Individuals may submit genealogy records requests by using the new forms, G-1041 -Genealogy Index Search Request, and G-1041A - Genealogy Records Request. Both forms are available on the new USCIS Genealogy Program page at: http://www.uscis.gov/genealogy.

U.S. Citizenship and Immigration Services (USCIS) announced August 15, 2008 a series of proposed rule changes that will hopefully streamline procedures for hiring workers under the H-2B program. 

The proposed rule is designed to prevent fraud and abuse, protect the rights of temporary workers and remove unnecessary limitations on H-2B employers. The proposed rule, which has been sent to the Federal Register, supplements the reforms of the H-2B program already proposed by the Department of Labor in its proposed rule published on May 22.

The H-2B nonimmigrant temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural temporary jobs for which U.S. workers are not available. 

U.S. Citizenship and Immigration Services (USCIS) announced an extension of Temporary Protected Status (TPS) for nationals of Sudan through May 2, 2010. The extension will offer those who have already been granted TPS an opportunity to re-register and maintain their status for an additional 18 months. TPS does not apply to Sudanese nationals who entered the United States after Oct. 7, 2004.

USCIS also automatically extended the validity of employment authorization documents (EADs) held by Sudanese nationals in current TPS status from Nov. 2, 2008 to May 2, 2009. This six-month extension will allow sufficient time for eligible TPS beneficiaries to receive their new EADs without a lapse.

The extension of TPS for Sudan is effective Nov. 3 and will remain in effect through May 2, 2010. Nationals of Sudan who have been granted TPS must re-register for the 18-month extension during the 60-day re-registration period from Aug. 14 until Oct. 14, 2008. Sudanese TPS beneficiaries are encouraged to apply as soon as possible following the start of the 60-day period.  Applications will not be accepted prior to the opening of the re-registration period.

U.S. Citizenship and Immigration Services (USCIS) announced that the new U.S. Passport Card may be used in the Employment Eligibility Verification form (I-9) process.

In July, the Departments of State and Homeland Security announced that the new passport card was in full production.   The new card provides a less expensive and more portable alternative to the traditional passport book, and will expedite document processing at United States land and sea ports-of-entry for U.S. citizens traveling to Canada, Mexico, the Caribbean, and Bermuda.

The new card is a valid passport that attests to the U.S. citizenship and identity of the bearer. As a result, the card may be used for the Form I-9 process and can also be accepted by employers participating in the E-Verify program.

On July 14th, 2008, the Department of state began production of the U.S. Passport Card. 

The passport card facilitates entry and expedites document processing at U.S. land and sea ports-of-entry when arriving from Canada, Mexico, the Caribbean and Bermuda.  The card may not be used to travel by air.  Otherwise, it carries the rights and privileges of the U.S. passport book and is adjudicated to the exact same standards.

The Department of State is issuing this passport card in response to the needs of border resident communities for a less expensive and more portable alternative to the traditional passport book.  The card has the same period of validity as a passport book: 10 years for an adult, five for children 15 and younger.  Adults who already have a fully valid passport book may apply for the card as a passport renewal and pay only $20.  First-time applicants pay $45 for adult cards and $35 for children.   

The following is a recent posting on the USCIS website:

The Centers for Disease Control and Prevention (CDC) have informed USCIS that the Zoster vaccine is currently unavailable due to shipping delays by the manufacturer. The Zoster vaccine is one of the new vaccination requirements effective July 1, 2008 for applicants age 60 and older and is listed on the revised edition of Form I-693, Report of Medical Examination and Vaccination Record .

Until further notice from the CDC, be aware that a Form I-693 may be accepted if it is only missing the zoster vaccine.  Civil surgeons may notate it on the form as “vaccine not available".

The Houston Chronicle is featuring an article about the National Immigrant Bond Fund.  First, it caught my attention because it was about immigrants.  Surprise! 

Second, I think people who are arrested for suspicion of breaking immigration laws are entitled to due process of the law.  ICE (Immigration and Customs Enforcement) does make mistakes, including deporting U.S. citizens. 

The National Immigrant Bond Fund will help people have access to the justice system and exercise their limited rights.  The Goals of the National Immigrant Bond Fund include:

• Provide a matching fund program that ensures that immigrants have a stake in the outcome and adhere to the terms of the bond. By making a “pledge of money”, individuals have an incentive to pay back the bond on completion of their legal process so that the funds are then returned to the program to help other immigrants caught in other raids.
• Create a fund to assist immigrants, swept up in ICE enforcement actions and not charged with criminal convictions, to post bond so that they can assert their right to legal counsel and due process in court.
• Build public opposition against immigration raids and support for immigration reform by focusing on the lack of rights afforded detainees.
• Support local communities efforts to respond effectively to ICE enforcement actions and raise public awareness of the need for detained immigrants to access due process.

For more information, see the website.