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ARCHIVED NEWS STORIES - 2002
December 10, 2002 Special Registration Information Updated; Deadlines Approaching December 11, 2002 The Department of Justice today announced the final rule that implements the Student and Exchange Visitor Information System (SEVIS). SEVIS will allow the United States to ensure that foreign students and exchange visitors who have entered our nation to study in our schools actually enroll in those schools. The rule, published in the Federal Register, amends the INS regulations concerning visas categories F (academic students), J (exchange visitors), and M (non-academic students) for temporary foreign visitors, as well as the way information is gathered and reported. The rule also serves to efficiently streamline the process of maintaining accurate information for all F, J, and M temporary foreign visitors by both schools and the INS. SEVIS is scheduled to be operational on January 1, 2003. For more information, see the press release at the INS website. December 10, 2002 Special Registration Information Updated; Deadlines Approaching December 4, 2002 Department of Homeland Security Reorganization Plan As posted on AILA InfoNet at Doc. No. 02120401 (Dec. 4, 2002), the Dept. of Homeland Security (DHS) Reorganization Plan (located on the White House website) specifies the steps that will be taken to organize the new Department along with a timetable for each. Click here to download the pdf version of the plan.
November 27, 2002 Public Law Number Assigned to Homeland Security Act of 2002 As posted on AILA InfoNet
at Doc. No. 02112733 (Nov. 27, 2002), the Office of the Federal Register
has assigned a public law number to the Homeland Security Act of 2002
(H.R. 5005): Pub. L. No. 107-296, 116 Stat. 2135.
November 25, 2002 President Bush Signs Homeland Security Act of 2002 President Bush signed the ‘Homeland Security Act
of 2002’ today. The Act creates a Cabinet-level department out
of all or parts of 22 agencies -- including Customs, INS and the Transportation
Security Administration -- with about 170,000 workers and a $37 billion
budget. (Download
a PDF version of the form here).
November 7, 2002 The address for filing the form has also changed. The
address is: Remember to file your change of address form within 10 days of relocating. November, 2002 INS Moving Forward with Special Registration Program According to AILA, Human Resources personnel should note that certain foreign nationals in their workforce are now, or may soon be, subject to special registration requirements that compel them to register with the INS every year and limit the points of departure from which they may exit the United States. The special requirements imposed on these individuals may result in business travel complications, as well as an annual absence from work due to mandatory office visits to the INS. Human Resources personnel also should be aware that most individuals who are obligated to participate in this program are only required to do so because of broadly sweeping regulations that target specific nationalities. The special registration requirements are the product of the INS’s newly implemented National Security Entry-Exit Registration System. This registration program designates certain foreign nationals entering the U.S. on temporary visas as “high risk” aliens and requires them to undergo special registration, photographing and fingerprinting requirements upon their arrival to the United States. Registrants must then register at an INS district office 30 days after they enter the United States and re-register annually. If a registered foreign national leaves the United States for either business or pleasure, he or she must notify the INS of all plans for departure, and depart through one of eighteen pre-approved airports or one of fifty approved land or seaports. Failure to notify the INS of a departure could render a foreign national inadmissible upon return to the United States. The INS considers foreign nationals to be “high risk” if they were born in or last resided in Iran, Iraq, Libya, Syria, or Sudan; or if a consular officer or inspections officer has reason to believe they are citizens of or last resided in one of the countries listed (this even applies to foreign nationals who have dual citizenship with another non-designated country); or if they meet or are suspected of meeting certain criteria. While Iran, Iraq, Libya Syria and Sudan make up the official list of countries whose nationals are required to register, the INS has expanded the list to include citizens and nationals of Pakistan, Saudi Arabia, and Yemen who are males between 16 and 45 years of age. Additional countries likely will be added as the program expands. Furthermore, the INS is authorized to require registration on a case-by-case basis. In addition, recently released expansion plans include requiring foreign nationals, no matter their nationality, to undergo special registration if they have done any of the following: taken unexplained trips to certain designated countries; have other instances of unexplained travel; previously overstayed a nonimmigrant visa; or match characteristics established by intelligence information.
November 2, 2002 President Signs Several New Laws, Additional Legislative Activity Noted According to AILA, several pieces of immigration-related legislation have recently become law, while others have advanced another step or two in the legislative process. Extension of H-1B Status for Aliens with Lengthy Adjudications: Waiver of Foreign Country Residence Requirement with
Respect International Medical Graduates: Removal of Conditional Basis of Permanent Resident
Status for Certain Alien Entrepreneurs, Spouses, and Children: Conditional Permanent Residence for Certain Alien Entrepreneurs,
Spouses, and Children: Definition of Full Time Employment for Investors: Eliminating Enterprise Establishment Requirement for Alien Entrepreneurs: Eliminates the “establishment” requirement from section 203(b)(6) of the INA. Investors must only show that they have invested in a commercial enterprise and do not have to show that they established one. This section also eliminates the “establishment” requirement from section 216A of the INA for investors who have filed a Petition by Entrepreneur to Remove Conditions (Form I-829). Investors must also show that they have sustained their investment actions over the required two-year period. The section also makes clear that the term “commercial enterprise” may include a limited partnership.
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October 28, 2002 INS Implements Case Status Online According to AILA, the
INS announced the successful implementation of Case Status Online. Individuals
who have a receipt number for an application or petition filed at an
INS Service Center can now check the status of their pending case online
through the INS website at: http://www.ins.gov.
___________________________________________________ October 23, 2002 INS Warns of Imposter Websites According to AILA, the INS reminds the public that only Websites ending with the ".gov" suffix are official government Websites. The Web address of the official INS Website is http://www.ins.usdoj.gov/graphics/index.htm. Many other non-governmental Websites (e.g., using the suffixes ".com," ".org" or ".net") provide legitimate and useful immigration-related information and services. Regardless of the content of other Websites, INS does not endorse, recommend or sponsor any information or material posted at any other Website besides this one. Furthermore, a few other Websites may try to mislead customers and members of the public into thinking they are official INS Websites. These Websites may attempt to charge you for services (such as for INS forms and information on immigration procedures) that are otherwise free on the INS or another government Website. They also do not have access to official online INS job application information or to official INS job listings on USAJOBS.GOV. If you have doubts or concerns about a Website with immigration-related information or material, please let us know immediately via INS Feedback.
___________________________________________________ October 16, 2002 INS Clarifies Requirement of Special Registration Interviews According to AILA, in
light of reports that many foreign students have been erroneously informed
that they must report to the INS for a special registration interview,
the agency clarified that special registration pertains only to those
nonimmigrants who were registered upon arrival into the U.S. and notified
at that time to appear for a subsequent interview.
___________________________________________________ October 10, 2002 Earned Adjustment Legislation Introduced in Congress According to AILA, Representative Richard Gephardt (D-MO) introduced the Earned Adjustment and Family Unification Act of 2002. This legislation would provide access to permanent resident status for qualified, undocumented immigrant workers and to unify the families of US citizens.
___________________________________________________ October 3, 2002 House and Senate Pass Department of Justice Authorization Bill According to AILA, the Senate passed the 21st Century Department of Justice Appropriations Authorization Act (H.R. 2215) on October 3, following its passage in the House on September 26. President Bush is expected to sign the legislation shortly. The final version of the bill, which was the subject of much negotiation, includes several positive immigration provisions that would: permit H-1B visa holders who have long pending labor certification applications to extend their status beyond the six-year limitation; expand and extend the Conrad J-1 program; and address certain EB-5 issues.
___________________________________________________ September 30, 2002 INS Moving Forward with Departure Requirements for Foreign Nationals Subject to Registration According to AILA, on September 30, the INS published a notice in the Federal Register requiring all foreign nationals subject to special registration to report to an INS officer at a pre-approved port of entry before departing the United States. If a registered foreign national fails to notify the INS of his or her departure, he or she may thereafter be presumed to be inadmissible to the United States. The Federal Register notice, which begins the second stage of the agency’s efforts to track foreign nationals from specific countries, went into effect on October 1.
___________________________________________________ September 21, 2002 Closed Hearings Declared Unconstitutional According to AILA, a three-judge panel of the Cincinnati-based U.S. Court of Appeals for the 6th Circuit concluded that a blanket policy of the Justice Department to close immigration hearings violates the Constitution. The court ruled that the news media and ordinary citizens have a constitutional “right of access” to deportation proceedings that was violated by a September 21, 2001, Justice Department order that closed hearings deemed of “special interest” to the terrorism investigation.
___________________________________________________ September 19, 2002 Senate Measure Would Revoke Citizenship Requirement for Baggage Screeners
___________________________________________________ August 28, 2002 New INS Rule Assists Part-time Commuter Students According to AILA, a new rule amends the Immigration and Naturalization Service regulations governing F and M nonimmigrants. This rule will clarify that Mexican or Canadian nationals who reside outside the United States and regularly commute across a land border to study may do so on a part-time basis within the F or M nonimmigrant category. These changes are being made to facilitate and legitimize certain part- time study along border communities while ensuring that all applicable requirements and safeguards are met. DATES: Effective date: This interim rule is effective August 27, 2002. ___________________________________________________ August 22, 2002 Diversity Immigrant Visa Program for 2004 According to AILA, the mail-in period for the next Diversity Visa lottery (DV-2004) will be held between noon on October 7, 2002 and noon on November 6, 2002. Those who choose to enter the DV-2004 lottery should obtain a copy of the instructions in the "Visa Bulletin," which may be found at the Bureau of Consular Affairs web site. ___________________________________________________ August 16, 2002 INS Commissioner Ziglar Resigns According to AILA, James Ziglar has announced that he is resigning as INS Commissioner, effective at the end of 2002. Commissioner Ziglar's resignation letter indicates that he intends to stay on through enactment of the Homeland Security measure, but no later than the end of the year.
___________________________________________________ August 7, 2002 President signs the Child Status Protection Act According to AILA, President Bush on Tuesday, August 6, signed the Child Status Protection Act. This new law addresses the problem of minor children losing their eligibility for certain immigration benefits as a result of INS processing delays. Prior to the passage of this law, a child’s eligibility to receive a visa or be part of his or her parent’s application was based on the child’s age at the time that the alien relative petition was approved, not the time the petition was filed. Because of enormous backlogs and processing delays, many children turned 21 before the INS adjudicated the petition.
___________________________________________________ July 26, 2002 House Judiciary Committee passes bipartisan Family Reunification Act According to AILA, the House Judiciary Committee has passed the bipartisan Family Reunification Act. The Act would provide a limited opportunity for certain long-term legal permanent residents to ask a judge to consider the facts of their case before deciding whether to deport them from the United States.
___________________________________________________ July 26, 2002 INS Issues Proposed Rule on Address Notification According to AILA, the INS has issued a proposed rule (67 Fed. Reg. 48818) that would amend 8 CFR § 103.2 by adding a new paragraph requiring every alien who is applying for immigration benefits to acknowledge having received notice that he or she is required to provide a valid current address to the Service, including any change of address, within 10 days of the change. Due to this rule, more people will be charged with violating the law because of the agency’s inability to properly file the notifications the INS receives. Comments to the proposed rule are due August 26. ___________________________________________________ July 22, 2002 Age-Out Protection Bill Cleared for President’s Signature According to AILA, the House of Representatives approved and cleared for the President’s signature legislation that addresses the problem of minor children losing their eligibility for certain immigration benefits as a result of INS processing delays. Under current law, a child’s eligibility to receive a visa or be part of his or her parent’s application is based on the child’s age at the time that the alien relative petition is approved, not the time the petition is filed. Because of enormous backlogs and processing delays, many children turn 21 before the INS adjudicates the petition. In such cases, the child “ages-out” and is ineligible to receive an immediate relative visa or is no longer considered to be part of the parent’s application. The “Child Status Protection Act” (H.R. 1209), provides that the determination of whether an unmarried alien son or daughter of a U.S. citizen is considered an “immediate relative child” (under 21 years of age) will be based on the age of the alien at the time the Petition for Alien Relative (Form I–130) is filed on his or her behalf, rather than on the date the petition is adjudicated, as is the case under current law.
___________________________________________________ July, 2002 Social Security Issues Impact Immigration According to AILA, the Social Security Administration (SSA) this year has proceeded with several initiatives that negatively impact on immigrant community nationwide and have drawn the attention of immigration advocates. In March, the SSA stopped issuing social security numbers to foreign nationals who requested them in order to obtain a driver’s license. This policy change has hindered immigrants without work authorization from getting driver’s licenses, opening bank accounts and using other services for which a social security number is required. The SSA has also expanded the scope of its annual “no match” letter program. The program, which used to send a letter to employers who either had 11 or more employees whose social security numbers did not match SSA’s records (“no match”) or had a no match problem with at least 10 percent of the employees listed on the W–2 form, was revised so that any employer who had at least one no match employee received a letter.
___________________________________________________ June 21, 2002 Senate Judiciary Passes Student Adjustment According to AILA, the Senate Judiciary Committee has approved bill S. 1291, which would allow students between the ages of 12 and 21, who have resided in the United States for longer than five years, to apply for adjustment of status upon their graduation from high school. The proposal would also give states the option of granting in-state resident tuition rates for undocumented children applying to colleges. ___________________________________________________ June 19, 2002 DOS To End Visa Exemption for Commonwealth Citizens Residing in Canada According to AILA, the State Department is planning to change its regulations at 22 CFR 41.2(b) to require "aliens resident in Canada…having a common nationality with nationals of Canada" to obtain nonimmigrant visas to enter the United States. These individuals are currently exempt from the nonimmigrant visa requirements, as well as from passport requirements if they are entering the U.S. from a Western Hemisphere country. Presumably, the passport exemption also would be eliminated, as would the exemption for such nationals resident in Bermuda. ___________________________________________________ June 5, 2002 Department of Justice Announces Alien Registration Program According to AILA, the Department of Justice has proposed a regulation requiring the registration and monitoring of certain non-immigrants. Non-immigrants from certain designated countries, and aliens identified by INS inspectors upon specific criteria to be established by the Department of Justice, will be required to submit fingerprints and officially register at the time of their arrival. Thirty days after their arrival, and every year thereafter, these specifically targeted individuals will be required to appear in person at an INS field office and submit proof of residence and provide other evidence relating to their status in the United States. Registered aliens will also be required to notify an INS agent of their departure from the United States. Click here to view the complete remarks of the Attorney General. ___________________________________________________ June 4, 2002 LIFE Legalization Filing Deadline Extended in Final Rule According to AILA, the INS has issued a final rule implementing the adjustment of status application procedures under the LIFE Act’s ‘late legalization’ provisions. The rule extends the filing deadline to June 4, 2003, and makes various other changes based on comments received to the interim rule. ___________________________________________________ May 16, 2002 Security Check Update for N-400 Applications According to AILA, the INS has extended new security check requirements to N-400 applications. These new checks are apparently being required even for those cases in which a good deal of processing has already taken place. While the new security check mandate is in effect at all INS offices nationwide, implementation of the new process has been uneven at best, as some INS offices reportedly have limited access to the Interagency Border Inspection System (IBIS) database against which the checks are performed, and even where IBIS is available, many INS officers have yet to receive training on the system. While the backlogs will differ from office to office, a significant initial delay is probably a realistic assumption at this point, although at least one office-the Honolulu District Office-has reported that no such processing delays are anticipated. ___________________________________________________ May 13, 2002 Travel Document Expedite Backlog at NSC According to AILA, an excessive number of expedite requests for travel documents (reentry permits and advance paroles) are being filed. More than 500 requests for expedite are being received each day, and on one day recently the NSC received 4,000. Because the NSC believes there is no way to distinguish real from false expedite requests unless there is egregious fraud, they are taking these requests in the order received. ___________________________________________________ May 9, 2002 Update on Section 245(i) According to AILA, Senator Daschle (D-SD), introduced the Uniting Families Act of 2002 that extends Section 245(i). The filing deadline, under this measure, would be extended until April 30, 2003. People still would have had to be physically present in the U.S. on December 21, 2000. This extension, unlike other proposed extensions, does NOT include any date by which someone would have had to have established a relationship or filed a labor certification. Rather, the bill reiterates that people are ineligible for Section 245(i) based on marriage fraud (Section 237 (a) (1)(G), and security and related grounds (Section 212 (a) (3) and Section 237 (a) (4). ___________________________________________________ April 25, 2002 INS Reorganization Bill Passed By House According to AILA, bill H.R. 3231, a bill that would reorganize the Immigration and Naturalization Service (INS), was passed today. The bill proposes to divide INS functions between two new bureaus, one for immigration services (i..e. processing citizenship applications), and the other for enforcement. ___________________________________________________ April 19, 2002 Senate Approves Border Security and Visa Reforms According to AILA, the U.S. Senate, approved a bipartisan security bill that tightens visa screening, border inspections, and tracking of foreigners. The House, is expected to to vote on the bill in the near future. The “Enhanced Border Security and Visa Entry Reform Act of 2001” (H.R. 3525) ensures that immigration policies are in line with our goal of preventing terrorism. The bill includes reforms that develop layers of protection both outside and within the United States. ___________________________________________________ April 10, 2002 INS Proposes Changes to Rules Governing Visitors and Students According to AILA the INS has announced the imminent publication of 3 new rules in the Federal Register. An interim rule would prohibit nonimmigrants admitted in B visitor status from pursuing a course of study prior to obtaining approval of a change to student status. A new proposed rule would eliminate the 6-month admission period for B-2 visitors and would instead base the admission period on the amount of time needed to accomplish the purpose of the trip (in many cases 30 days). A third rule would require an alien with a final order of removal to surrender to the INS within 30 days of the issuance of that order. Individuals failing to comply would be prohibited from acquiring future immigration benefits. ___________________________________________________ April 3, 2002 INS Recommends Including Full Middle Name on all Paperwork According to AILA, representatives at the INS have stated that all applications and petitions at all Service Centers and at all District offices are being screened for name checks through IBIS and other name databases, and that all individual Petitioners, Applicants and Beneficiaries listed on all INS applications and petitions should list the full middle name, not just the middle initial to avoid a potentially "significant additional processing delay." ___________________________________________________ March 21, 2002 INS Considering Reduction in Visitor Visa Admission Period to 30 Days According to AILA, INS Commissioner James Ziglar stated in testimony before Congress on March 19, 2002, that the INS is considering regulatory changes that would result in most holders of visitors' visas being admitted for a period of 30 days, rather than the current practice of admitting visitors for 180 days. ___________________________________________________ March 6, 2002 USDA Terminates J-1 Waiver Sponsorship According to AILA, the U.S. Department of Agriculture (USDA) has terminated its J-1 waiver sponsorship program effective February 27, 2002. Citing "potential problems and risks" that outweighed "valid and important purposes," the USDA will no longer act as an interested government agency. Any waiver requests pending on the date of the termination will be returned to the sender. ___________________________________________________ February 21, 2002 Interim Rule Terminates Argentina's Participation in the Visa Waiver Program According to AILA, Argentina's participation in the VWP has been terminated as of February 21, 2002. This was published by the INS as an interim rule in the Federal Register. The effect of this action is to make it necessary for Argentine nationals to acquire a visa before traveling to the US Comments to the rule are still being collected, after which a final rule will be published (68 FR 7943, 2/21/02). ___________________________________________________ February 20, 2002 Treasury Dept. Implements Law Concerning Firearms and Nonimmigrants As reported by AILA, the transfer to and possession of firearms and ammunition by nonimmigrant aliens in the US is prohibited under the Treasury Department's new law (PL 105-277). Any nonimmigrant (a person not intending to immigrate to the US) interested in bringing firearms and/or ammunition to the US for hunting or sporting must obtain the appropriate import license. (67 FR 5422, 2/5/02). ___________________________________________________ January 17, 2002 Spousal Work Authorization Now Law As reported by AILA, the President signed bills H.R. 2277 and H.R. 2278 into law on January 16, 2002. These bills allow spouses of intra-company transferees, treaty traders, and treaty investors to work in the US H.R. 2277 provides work authorization to the spouses of E visa holders. H.R. 2278 provides work authorization to the spouses of L visa holders and reduces the required period of prior continuous employment for certain intra-company transferees. ___________________________________________________ January 1, 2002 Happy New Year! Please take this new calendar year to review your immigration
papers and their related expiration dates. Items of note include: ________________________________________________
December 21, 2001 Changes to L and E-visas Passed By Senate On December 20, 2001, the Senate passed the two spousal
work authorization bills. H.R. 2278 would grant work privileges to spouses
of non-citizens on L-visas and reducse the amount of time that an employee
must be employed by a company before being eligible for an L visa. The
pre-employment blanket requirement would be reduced to 6 months. HR 2277
would extend the same benefit to the spouses of non-citizens on E-visas.
These bills await the President's signature. (As reported by the American
Immigration Lawyers Association) _________________________________________________ December 21, 2001 Anthrax Decontamination and Sequestered Documents According to the American Immigration Lawyers Assocation, the following is the text of an e-mail that has been sent from the State Department to the consular posts: "Approximately 300 foreign passports and applications sent to CA/VO/P/D for revalidations of E, H, I, L, O, and P visas were sequestered from State Department mailrooms, along with other mail, decontamination after anthrax incidents at the end of October. When these passports and applications will be returned to P/D is not known. In order to assist applicants, P/D has been issuing form letters explaining the situation so that they can obtain travel documents from their embassies and consulates for holiday/emergency travel, and has advised them to apply for visas to reenter the U.S. at our overseas posts. Posts should be aware that in many of these cases, applicants' original documents, such as I-94's and I-797's, were included with their applications and may therefore be unavailable to them. Many will not have had time to obtain new documents from INS and may only be able to present copies in support of their applications." _________________________________________ December 7, 2001 Change to New Fees' Effective Date The changes to fees that INS announced on August 8, 2001,
will not go into effect in January 2002, as originally proposed. INstead,
the new fees will take effect in mid-February. (As reported by the American
Immigration Lawyers Association)
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©2002 Thomas J. Hurley, Jr. All rights reserved.
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