In this issue:

1. DHS Announces Increased Coordination Between Local Law Enforcement and Immigration Authorities
2. DOS Creates New Visa Classification for Mexican and Canadian Commuter Students
3. DREAM On: Possible Education Relief for U.S.-Raised Children of Undocumented Immigrants
4. Medical Exams Now Valid Until Adjustment of Status Application is Adjudicated
5. DOS Posts Instructions for 2005 Diversity Lottery; Filing Now Strictly Electronic
6. Callers Report Dissatisfaction with Immigration 1-800 Number
7. The Firm Speaks
8. New Articles on our Web Site
   

1. DHS Announces Increased Coordination Between Local Law Enforcement and Immigration Authorities

In a move that may mark a greater sharing of enforcement functions between immigration and local law enforcement authorities, the Department of Homeland Security (DHS)'s Law Enforcement Support Center (LESC) has expanded its call center, according to a recent press release. The LESC provides information to local and state law enforcement concerning the identities and immigration status of foreign nationals "suspected, arrested or convicted of criminal activity."

With the creation of the DHS, the LESC has become an increasingly valuable resource for local law enforcement. Due to the consolidation of many federal agencies and bureaus within the DHS, the LESC has more access than ever to the many federal immigration and intelligence databases. The LESC will use these new intelligence resources to conduct investigative research and analysis on noncitizens who have been arrested or are being investigated by other law enforcement agencies. This year alone the LESC has positively identified more than 2,000 foreign nationals in the custody of local police who had been deported from the United States and then illegally re-entered the country.

2. DOS Creates New Visa Classification for Mexican and Canadian Commuter Students

The Department of State (DOS) has published a rule creating two new nonimmigrant visa classifications for students commuting to the United States for either full-time or part-time schooling. The rule implements the Border Commuter Student Act of 2002.

The rule, which took effect August 11, 2003, makes Canadian and Mexican citizens living in their home countries who travel back and forth across the border to take classes in the United States eligible for new F-3 or M-3 nonimmigrant visas.

Before September 11, 2001, Canadian and Mexican citizens commuting to the United States for the purpose of part-time study were admitted into the country as visitors. However, with increased domestic security concerns, the Department of Homeland Security (DHS) stopped admitting these students and held that they were not eligible for admission as visitors because their purpose was to attend class, not visit the United States. They also were ineligible for F-1 (academic) or M-1 (non-academic or vocational) visas because these classifications require students to attend class on a full-time basis.

The Department of State's new rule creates new visa classifications specifically for Canadian and Mexican citizens and residents who seek to commute to the United States for the purpose of either full-time or part-time study at a DHS-approved school.

For more information about the Border Commuter Student Act of 2002, see please visit the State Department's web site at: http://travel.state.gov/state245447.html

3. DREAM On: Possible Education Relief for U.S.-Raised Children of Undocumented Immigrants

Senators Richard Durbin (D-IL) and Orrin Hatch (R-UT) have introduced a bill to provide U.S.-raised children of undocumented immigrants a chance to attend college in the United States. The bill, called the DREAM Act (Development, Relief, and Education for Alien Minors Act of 2003), was introduced in the Senate on August 1, 2003. The bill would legalize the status of young people who meet certain criteria and would reverse a 1996 federal law that denies states the right to determine who qualifies for in-state tuition.

The DREAM Act is important because it would allow states to offer in-state tuition to students, regardless of their immigration status. Currently, most undocumented immigrant students are charged college tuition at out-of-state or international rates, regardless of their length of residence in the United States and graduation from the nation’s public schools.

The bill would also provide an avenue to apply for legal residency in the United States for those young people without legal status who have lived in the United States for at least five years before the Act’s passage, and are deemed to have a good moral character.

For an article about the immigration aspects of undocumented noncitizens who want to attend college in the United States, see http://www.millermayer.com/resources/general42cont.htm.

4. Medical Exams Now Valid Until Adjustment of Status Application is Adjudicated

In response to the continuing backlog of adjustment of status applications, the validity of the I-693 medical examination filed with an I-485 adjustment of status application will be extended until the adjustment application is adjudicated.

Before the current policy came into effect, the endorsement of a civil surgeon on Form I-693 remained valid for only one year. In many cases, adjustment of status applications for which an I-693 were filed remained pending for more than this one-year validity period, and applicants had to re-file their I-693 form.

On July 23, 2003, the Bureau of Citizenship and Immigration Services (BCIS) officially extended an October 17, 2002 memo making the civil surgeon endorsement on Form I-693 valid until the adjustment of status application could be adjudicated, assuming no Class A or Class B (tuberculosis) medical condition is certified. This policy will remain in effect until January 01, 2004.

5. DOS Posts Instructions for 2005 Diversity Lottery; Filing Now Strictly Electronic

In a major Department of State policy change, all applicants for the diversity visa lottery now have to file electronically. The diversity immigrant visa program, or diversity visa lottery, makes 50,000 permanent resident visas available each year to citizens of nations with low rates of immigration to the United States. Any applicant who meets basic education or training requirements and is a native of a country that has sent less than 50,000 immigrants to the United States in the past five years is eligible to register for the Department of State's diversity visa lottery. Of the many millions of people worldwide who apply to the diversity immigrant visa program, 50,000 applicants are chosen by a computer-generated random lottery drawing to receive U.S. permanent resident visas.

In the past, all applications to the visa lottery were filed via regular mail. However, beginning with this year's filing for the fiscal year 2005 diversity visa lottery, all applications must be submitted electronically at the State Department diversity visa lottery web site: www.dvlottery.state.gov. Applications submitted by post will not be accepted.

The Department of State hopes that making all filing electronic will improve the diversity visa lottery. The instructions for the 2005 diversity immigrant visa program claim that electronic filing will make it harder to submit multiple entries, will decrease costs, and will make it possible for the Department to notify petitioners of the receipt of their petition. Unfortunately, while the Department insists that the new electronic filing will benefit all parties, many have voiced concern that petitioners in less-developed countries will be disadvantaged due to the lack of sufficient Internet facilities in those countries.

For more information about the 2005 diversity visa lottery and instructions for application, visit the Department of State's web site: http://travel.state.gov/dv2005.html

6. Callers Report Dissatisfaction with Immigration 1-800 Number

In the less than three months since the Bureau of Citizenship and Immigration Services (BCIS) cut off direct access to the four regional immigration service centers, callers have expressed dissatisfaction with the National Customer Service Center (NCSC)'s toll free number.

Although callers contacting regional service centers faced infamously long waits, knowledgeable immigration information officers addressed problems and questions with little or no difficulty once they became available. Now, the new toll-free NCSC number has decreased the time callers spend on the phone waiting for immigration assistance, but at the other end of the line those calling NCSC find outside contractors who are unfamiliar with immigration and unable to assist callers with serious problems.

Some of the complaints reported to the American Immigration Lawyers Association (AILA) include operators simply regurgitating what is on the BCIS web site and refusing to meaningfully discuss the problem at hand, operators giving out incorrect information and advice, operators not knowledgeable about even basic immigration concepts, and operators being rude and hanging up on callers.

In the most recent NCSC crisis, a computer system virus caused problems with the phone-in inquiry system, and in the face of extreme delays, the BCIS asked callers to wait 24 hours before calling again.

The NCSC toll free number is 1-800-375-5283. Information about the status of pending cases and immigration in general can be found online at the BCIS web site: http://www.bcis.gov/graphics/services/NCSC.htm

7. The Firm Speaks

Steve Yale-Loehr will speak about security clearances and other visa concerns for students and scholars at the NAFSA regional conference in Lake George, NY on November 10.

Steve will also moderate a panel on current immigration controversies at a December 8, 2003 conference sponsored by the American Immigration Lawyers Association (AILA) in New York City

8. New Articles on Our Web Site

Steve Yale-Loehr has co-authored a new article summarizing current problems and delays in obtaining a visa overseas at U.S. consulates and embassies. The article is at http://www.millermayer.com/resources/visaworry.html.

Steve testified before the Senate immigration subcommittee recently about current controversies in the L-1 intracompany transferee visa area for multinational executives, managers, and employees who have specialized knowledge. A copy of his testimony is on our web site at http://www.millermayer.com/resources/ltestimony.html

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That's it for this issue. Some of the information in this issue comes from the American Immigration Lawyers Association. Thanks to AILA for allowing us to reprint their information.

For answers to any of your immigration questions, contact:

Hilary Fraser (mailto:htf@millermayer.com)
Carolyn Lee (mailto:csl@millermayer.com)
Rosie Mayer (mailto:rma@millermayer.com), or
Steve Yale-Loehr (mailto:syl@millermayer.com).