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February 22, 2003 Immigration News Update
Click for a Printable Version of this Article
In this issue: 1. The Department of Homeland Security Begins Operations On January 22, 2003, the Senate confirmed Tom Ridge as the first Secretary of the Department of Homeland Security (DHS). On January 24, 2003, the DHS formally came into existence and established its official website at http://www.dhs.gov/dhspublic/. The Immigration and Naturalization Service (INS) will merge into the DHS beginning March 1, 2003. Immigration services and benefits will move to the Bureau of Citizenship and Immigration Services (BCIS). A web site for the BCIS will be at http://www.immigration.gov. All INS enforcement-related activities will go to the Bureau of Immigration and Customs Enforcement (BICE). Immigration enforcement information will be easily accessible from the BCIS and main DHS web sites. Michael Garcia, acting INS Commissioner, has been appointed to head the BICE. No one has been named yet to head the BCIS. 2. INS Reduces Filing Fees Effective January 24, 2003, the INS reduced the fees for all benefits petitions. The fee change results from a provision in the Homeland Security Act of 2002 requiring the INS to eliminate a surcharge previously imposed on filing fees. The surcharge compensated the INS for asylum and refugee services as well as fee exemptions and fee waivers. The INS will continue to accept applications submitted with the old fee and will make refunds. Congress is likely to amend the provision in the Homeland Security Act and reinstitute the surcharge. So don't recycle your old filing fee schedules just yet. For more details and the new fee table, go to: http://www.ins.usdoj.gov/graphics/formsfee/forms/index.htm To see the INS public notice, go to: 3. TPS Adjudications Cause Backlog in Other Filings The four INS service centers are currently giving priority to adjudicating applications for employment authorization documents (Form I-765) filed by people from El Salvador applying for temporary protected status (TPS). These I-765s must be adjudicated before March 9, 2003. That has caused backlogs in deciding other cases. For example, the Vermont Service Center (VSC) is currently deciding EB-1-1 extraordinary ability immigrant visa petitions filed in March 2002, nearly a year ago. The VSC has a nearly 18-month backlog in deciding adjustment of status applications for people seeking green card status. And the Texas Service Center is backlogged nearly four years (!) in deciding I-829 petitions filed by certain immigrant investors. Expect more delays as Service Centers try to catch up on their backlog and also figure out their transition to the new DHS. 4. INS Says Halt Lifted on Adjustments and Naturalizations INS Headquarters recently advised the American Immigration Lawyers Association that the halt on adjustment and naturalization applications due to FBI clearance delays have been resolved. The INS indicated that approvals of adjustments and naturalizations are proceeding. It is not yet clear, however, whether adjustments are in fact proceeding. In our experience, there are still significant delays. Stay tuned. 5. DOS J-1 Waiver Status Restored and Moved to New URL The online J-1 waiver status page, which had been down for some time, has been restored and moved. The new URL is http://12.172.51.143. To file an interested government agency (IGA) J-1 waiver application, a foreign
national must obtain a Department of State (DOS) case number. A foreign national
or his/her attorney obtains a case number by filing a Form DS-3035 (J-1 waiver
review application) with the DOS and paying a $230 filing fee. Upon acceptance,
the DOS issues a letter to the foreign national or his/her designated attorney
containing the assigned case number. The IGA must include this letter in its
waiver request to the DOS. By submitting this case number at the URL above,
J-1s exchange visitors and their attorneys may check the status of the IGA
waiver request at the DOS. 6. Special Registration Update Under a rule published January 16, 2003 and amended February 19, 2003, all nonimmigrant males aged 16 or older from Bangladesh, Egypt, Indonesia, Jordan, or Kuwait who entered the United States on or before September 30, 2002, and who will remain in the United States at least until March 28, 2003 must personally appear before an immigration officer between February 24, 2003 and April 25, 2003. With the addition of these five countries, there are now twenty-five countries whose nationals are subject to special registration. The other twenty are Iran, Iraq, Syria, Sudan, Libya, Afghanistan, Algeria, Bahrain, Eritrea, Lebanon, Morocco, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Tunisia, United Arab Emirates, and Yemen. More countries may be added. Nationals subject to special registration will be registered upon entry to the United States. If they are already in the United States, they must "call in" to the INS and register in person at a designated INS office. Foreign nationals from Pakistan and Saudi Arabia who are subject to "call in" special registration have until March 21, 2003 to register. For details, please see our memo posted on our website at: http://www.millermayer.com/new/speregmemo.html. We also have a chart listing which nationalities are subject to special registration and other security clearance delays at: http://www.millermayer.com/new/speregchart.html. 7. U.S. Embassy in Caracas Closes Visa Unit Due to a staff reduction resulting from the Venezuelan civil crisis, as of January 20, 2003 the U.S. Embassy in Caracas has stopped accepting routine visa applications. The nonimmigrant visa unit will only accept visa applications from high-level Venezuelan officials and diplomats, third-country diplomats accredited to Venezuela, the spouses and minor children of U.S. citizens who wish to depart Venezuela temporarily, and documented emergency humanitarian and medical cases. Immigrant visa applicants in Venezuela may submit applications to the U.S. Embassy in Port of Spain, Trinidad and Tobago and the U.S. Embassy in Panama City, Panama. Applications containing Spanish-language documents submitted to the Port of Spain Embassy must attach certified English translations. The Venezuelan applications will be processed as workload permits in these posts. 8. The Firm Speaks Steve Yale-Loehr will speak on Visas After Graduation on Wednesday, February 26 from 7-9 p.m. at Goldwyn Smith Hall, Hollis E Auditorium at Cornell University in Ithaca. Steve and the staff of the Cornell International Students and Scholars Office will present various options regarding working in the United States for international students as well as important tips for an effective job search. F-1 and J-1 practical training following graduation, H-1B temporary worker visas, and green cards will all be discussed. Steve will give the same presentation on Wednesday, March 26 at 4:30 pm at Binghamton University. Contact Steve at mailto:syl@millermayer.com for more details on any of these talks. _____________________ For answers to any of your immigration questions, contact: Hilary Fraser (mailto:htf@millermayer.com) For general information, visit our web site at http://www.millermayer.com/ The usual required legal disclaimers (we ARE attorneys, after all): Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. The information in this newsletter is for general purposes only, and is not intended as legal advice for any particular situation. If legal advice or other expert assistance is required, the services of a competent professional should be sought. To unsubscribe to this newsletter, email mailto:syl@millermayer.com. Copyright (c) 2003 True, Walsh & Miller, LLP. All rights reserved.
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