USA Green Card Immigration Blog

The Custom and Border Protection in USA has now added two new ports-of-entry (POE) for USA Immigration. These two ports are the Oakland International Airport in California and Saipan, in the Commonwealth of the Northern Mariana Islands.

According to the notice given by Custom and Border Protection on August 8, 2006, there were 115 ports-of-entry for non immigrant aliens. These additional two places are designated as POEs authorized to provide final registration and departure by non-immigrant aliens subject to special registration.

Certain applicants who wish to immigrate to the US are subject to special requirements. When these non-immigrant aliens arrive in the US, they have to provide particular information regarding their visa status to the Department of Homeland and Security (DHS.) These aliens will also be photographed and finger printed. They will also be asked to appear for in-person verification or a re-registration interview. Information regarding changes in address, employment, institution, and reporting departure from US should be informed to the DHS.

Non-immigrant aliens who are subject to special registration may depart from the Oakland International Airport at California from November 25, 2009. The effective date for departure of non-immigrants with special registration requirements from Saipan in the Commonwealth of the Northern Marina Islands is November 28, 2009.

An alien who has specifically registered for departure, but not yet departed from the United States can seek relief from the departure control requirement for that admission by applying to the USA immigration services. The alien should ascertain that exigent or unusual circumstances exist that prevent or delay departure from the US.

When departing from the United States, non-immigrant aliens who are subject to special registration requirements should report to an inspecting officer at the approved port-of entry. Non-immigrant aliens subject to special registration may depart from the US only from the POEs that are authorized for such aliens.

The Diversity Visa Program (DV) is an annual lottery program for issuing US permanent resident card, which is conducted by the Department of State. This lottery program selects 55,000 immigrants randomly from applications sent from applicants belonging to eligible nations. The Diversity Visa Program is conducted under the terms of the Immigration and Nationality Act and meets the strict requirements of USA Immigration laws. The DOS grants permanent resident visas to applicants from countries, which have low immigration rates to the USA.

This year, the DV-2011 Program was declared open on October 2. Entries were invited from applicants who belong to nations that are eligible for this lottery. The last date for submission of entries was November 30. There was a dramatic increase in the number of entries this year, when compared to the last year. Over 900,000 applications were received in the very first week of registration, a significant 63% increase from last year’s entries in the same period. The DOS expects to receive nearly 13,000,000 entries for the DV-2011 Program.

Natives from certain nations are not eligible for immigration to the US through the Diversity Visa Program. This is because more than 50,000 persons have immigrated to the USA in the past five years from those countries. Applicants from Brazil, Canada, China (Mainland-Born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, Poland, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam are ineligible for the DV program.

Applicants who immigrate to the USA though the Diversity Visa Program are called “diversity immigrants.” These applicants should have completed at least a high school diploma or an equivalent. Else, they should have work experience of two years in an occupation that requires at least two years of training.

Successful DV-2011 program applicants will receive a notification of their selection through mail between May and July, 2010.

The Visa Bulletin for November with details about immigrant visa projections for the month has been released by the Department of State (DOS). Cut-off dates and preference categories regarding family-based, employment-based, and diversity immigrant visas are listed in the Visa Bulletin. Green cards and visas are being allotted to those who have filed petitions before the dates mentioned in the bulletin. If the priority date is current but retrogressed, then applicants must wait until it becomes current again.

According to the Visa Bulletin priority workers are given first preference among those who have applied for employment-based (EB) immigration visas. The cut-off dates for first preference categories are current for applicants from all countries. Professionals with advanced degrees and those with exceptional ability get the second preference for immigration. The cut-off dates in employment-based second preference category (EB-2) have been changed to April 1, 2005 for China and January 22, 2005 for India. For other countries it remains current.

Among those who have applied for family-based immigration visas, the first preference is given to unmarried children of American citizens. The cut-off date for them is January 22, 2004 across the world. The second preference is for spouses and children of permanent residents. INA Section 203(e), section 203 (d), and section 202(e) under USA immigration law talks about family-sponsored preference visas for immigration in detail. These provisions are applicable to people from India, Mexico, Philippines and, those born in mainland China.

Next is the Diversity Immigration Visa (DV) Category. Entitlement to immigration status under this category is on till the end of the fiscal year for which an applicant is selected in the lottery. DV program for the year 2010 ends on September 30, 2010, after which DV visas will not be issued to applicants. This date is also the final registration date for spouses and children who want to accompany or join DV principals under derivative status.

The Department of Health and Human Services has lifted the ban on travel and immigration to the U.S. by people who have tested positive for Human Immuno Deficiency Virus (HIV).

Earlier, non-U.S. citizens who were HIV-positive were barred from traveling or immigrating to the country unless they were granted a waiver by the Department of Homeland Security. This amendment by the Department of Health and Human Services will now ensure that no alien who wants to visit or migrate to USA can be prevented from doing so on the grounds of having this disease.

The announcement to this effect was made by a determined President Obama. The Centers for Disease Control and Prevention of the Department of Health and Human Services has issued a final rule to amend its regulations to delete HIV infection from the list of communicable diseases of public health significance. Steps are also being taken to remove HIV medical examination from the list of tests to be undergone for USA immigration.

Though a serious health condition, HIV is not a communicable disease that is a significant public health risk. Hence there can be no grounds for not allowing a visitor or immigrant entry into the United States. The ban, implemented in 1987 and codified into law by Congress in 1993, to quote President Obama at the signing ceremony for the Ryan White HIV/AIDS Treatment Extension Act, was “a decision rooted in fear rather than fact.”

The new rule will come into effect on January 4, 2010. Meanwhile, USCIS has asked its officials to suspend decisions on green card applications which were to be made solely on the basis of the HIV status of the applicant till the new law is implemented.

This decision to suspend the HIV Travel Ban will, no doubt, bring a ray of hope to the HIV-infected people who wish to enter the US.

The US Congress has passed a bill that would make widows and widowers of U.S. citizens eligible for green cards even if their spouses died before their applications were approved. This comes as a welcome relief to widows and widowers of US citizens such as Dahianna Heard, Raquel Williams and Ana Maria Moncayo-Gigax who have, for ages, fought tooth and nail for approval of their green card.

Part of the Homeland Security appropriations bill, this move does away with the infamous “widow penalty”. It had demanded that the couple be married for two years before the surviving spouse can apply for residency.

This unfair stipulation was a cause of worry for hundreds of people who were not granted a green card due to the untimely death of their spouse. Many have already been deported by the US Immigration due to this provision and many more are waging a legal battle against deportation.

Though the federal government announced that deportation proceedings will be suspended for two years so that applicants can stay in the U.S. while their legal status was being resolved, many, including immigration attorneys felt that it didn’t go far enough in doing justice to the surviving spouses.

With the passing of this bill, green card eligibility will be granted irrespective of when the spouse died or how long have they been married. In addition to the surviving spouse, green card application can be submitted for their children also.

The bill has been forwarded to President Obama for his nod. Once it is signed by him it will ensure a smooth passage for surviving spouses of US citizens applying for green card.

United States Citizenship and Immigration Services (USCIS) recently announced the revision of Form I-601, Application for Waiver of Grounds of Excludability. The purpose of this USCIS immigration form is to enable a person who is termed ineligible to be admitted to the United States seek a waiver of certain grounds of inadmissibility.

The revised version of the Form I-601 aims at making it easier for the applicants to complete the form. The new version of the USCIS immigration form includes a list of grounds of inadmissibility. To request a waiver, applicants can mark those that apply to them.

In the previous version, the information about the grounds of inadmissibility was found only in the form’s instructions. But now the revised version of the Form I-601 contains a section for applicants to describe reasons for their inadmissibility.

USCIS also plans to waive the filing fee in certain cases taking into consideration the individual’s inability to pay. The fee waiver is only available to individuals who meet a few conditions listed. For instance, an alien who has valid T or U nonimmigrant status or an approved Violence Against Women Act (VAWA) self-petitioner unable to pay the filing fee is eligible for the waiver.

USCIS plans to accept the earlier edition of this USA immigration form dated 10/30/08 till November 20, 2009. But from November 21, the previous versions of the form will be rejected and only the revised Form I-601 dated 04/06/09 will be accepted.

Individuals residing in the United States and applying for a status as permanent resident can file the Form I-601 with the local office, which has jurisdiction over their place of residence. Individuals not in the United States however, can file the Form I-601 with the American embassy or the consulate where they are applying for the visa.

The Obama administration has launched a new plan to salvage the immigration detention system ridden with scandals, especially lockups at federal, state, and local levels during the presidency of George W. Bush.

The plan has its origins in the proposals mooted by Janet Napolitano, the homeland security secretary and John Morton, the director of Immigration Customs Enforcement (ICE). The suggestions mainly focus on providing better detention conditions and better medical care for the detainees as well as holding a trail of preventable injuries and deaths. The stated purpose of their proposals is to make the immigration detention system less expensive and more accountable and efficient.

The new immigration reform plan reflects a change in the attitude of the government that not all detainees are violent criminals. They could be asylum seekers, young mothers and their children, even respected members of communities whose brush with law was due to a lapsed visa.

If they do not have a genuine reason for staying, they should be deported immediately and not confined in detention centers. Those who need to be detained will be detained “in settings commensurate with the risk of flight and danger they present.”

The ICE also plans to unveil a new medical classification system to improve medical care and bring down unnecessary medical transfers. However, the details of the scheme are yet to be clarified by ICE.

The most important of all immigration reform measures is that, central control over subcontracted system has been reaffirmed. This stresses that central control is a smarter and cheaper option. The entire plan will be well within the budget as there is less dependence on contractors who perform important federal duties.

If these policies turn out to be a success and if they continue to be implemented, it will make up for years of neglect suffered under previous administrations.

United States Citizenship and Immigration Services (USCIS) now use Infopass, an appointment system to provide immigration information. Three more districts, Atlanta, Boston and Houston are added, so that the system can cover almost all metropolitan areas with immigrant residents. The system is also available in Los Angeles, New York and Miami. Earlier this year, Case Status Online service was initiated, which helped users to check the status of their pending applications, for instance their green card application. The electronic filing of the 12 most popular immigration forms was also made possible, which further reduced the hassles of long lines and pending applications.

A person residing in a serviced USCIS district and seeking immigration benefits can use USCIS Infopass to schedule meetings with immigration officers through the Internet. This online system allows users to discuss any complex issues regarding immigration services with USCIS officials. This process tends to prevent long queues and helps manage the backlog of services effectively.

USCIS Infopass is provided through a secure Internet site. Instructions are available in 12 different languages. A series of prompts instructs the user to fill in details regarding his/her name, zip code, address, phone number and a desired appointment date. Once the user has entered all the relevant details, the system generates an appointment notice, which provides the USCIS office address and instructions with respect to identification and/or additional documentation, such as a green card or work permit, that the person needs to carry to the appointment. These appointments are offered in two-week blocks.

United States Citizenship and Immigration Services, which was previously known as the Immigration and Naturalization Services, INS offers immigration help in every possible way to the various applicants. They manage the approval of student visas, adoption of foreign children, family and employment immigration, and refuge and asylum cases.

President Barrack Obama had initiated an immigration policy to legalize an estimated 12 million of USA’s illegal immigrants earlier this year. The U.S. Citizenship and Immigration Services (USCIS,) the federal agency that supervises immigration issues and grants visas, is getting ready to deal with the enormous increase in applications once this immigration policy becomes a law.

Even though the official estimate of the number of illegal immigrants who will apply for legal documents is not available, two research groups based in Washington, namely the Pew Hispanic Center and the Center for Immigration Studies, estimate that a minimum of 10.8 million illegal immigrants live in the country.

Alejandro Mayorkas, who took over as the director of USCIS in August this year, says that USCIS is equipped to process only around 6 million USA immigration applications a year. But, once President Obama’s immigration policy is passed, it may have to process that many USA immigration applications in just a few weeks. The processing of applications also involves tedious steps, such as collection of fingerprints and other biometric identity information.

USCIS is gearing up to cope up with the tremendous increase in the visa applications under Obama’s comprehensive immigration reform plan. Several measures are being implemented by the agency director Alejandro Mayorkas to process the applications faster. For instance, the agency is planning to use lockboxes to receive applications instead of local offices.

Allowing illegal immigrants to use a simple mail-in registration to set the legalization process in motion is another step that is to be taken.

The agency is also exploring ways to reduce backlogs and delays to ensure a better performance. Further, Mr. Mayorkas, Homeland Security Secretary Janet Napolitano, and other officials have also been holding meetings across the United States to garner ideas from the public on how to deal with the situation.

In the current Supreme Court session, two cases dealing with critical immigration issues will be included in the docket. These two cases that will affect the immigrants significantly will be on the connection between the criminal justice system and immigration, and immigrants’ access to federal court review. The key issue that both these cases present to the Supreme Court is that, immigrants be given fair process as well as an opportunity to be heard.

The first case, Padilla v. Kentucky presented on October 13, focuses mainly on the role of lawyers in protecting the rights of immigrants. The Supreme Court will decide if a criminal defense attorney is obliged to counsel foreign-born defendants on the effect of a criminal case on their immigration case.  It will also decide if the defendants can take corrective action if defense attorneys offer incorrect advice.

The second case, Kucana v. Holder, set for argument on November 10 also deals with problems relating to US immigration. The main issue here is immigrants’ access to federal court review if there is an error in the government decision-making on immigration problems. This case will determine if the circuit courts have the authority over certain decisions like motions to reopen that are made by the Board of Immigration Appeals.

Beth Werlin, attorney at AILF’s Legal Action Center, thinks that the Supreme Court should be compelled to rule in favor of the plaintiffs in both these cases keeping in mind the fundamental principles of fairness. As it can result in deportation and permanent banishment from the U.S., these cases need to be carefully considered by the Supreme Court to affirm that the immigrants get a fair process.

There is also the concern that an adverse decision taken by the Supreme Court might result in the reversal of favorable decisions from other courts. This critical immigration issue is likely to be resolved by the decision of the Supreme Court for all the federal courts.