PIERCE'S IMMIGRATION LAW E-NEWSLETTER is free. It is published by the Law Offices of Curtis Pierce, Certified Specialist, Immigration & Nationality law, The State Bar of California Board of Legal Specialization. 523 West Sixth St., Suite 348, Los Angeles, CA 90014. (213) 327-0044.
CURTIS PIERCE NAMED CALIFORNIA SUPER LAWYER
FOR THIRD CONSECUTIVE YEAR.
Curtis Pierce was honored by Super Lawyers Magazine as one of the top 5% of attorneys in California. Super Lawyers are chosen by their peers and through independent research. Mr. Pierce has been chosen for the years 2008, 2007, and 2006.
EMPLOYMENT 2ND AND 3RD PREFERENCE AVAILIBILITY FOR AUGUST: INDIA & CHINA SECOND PREFERENCE JUMPS AHEAD TO JUNE 1, 2006
According to the Visa Bulletin for 2008, employment 3rd preference is unavailable for August. However, India and China 2nd preference have jumped over two years to June 1, 2006.
MANDATORY ELECTRONIC FILING FOR NONIMMIGRANT VISAS.
Every alien seeking a nonimmigrant visa must make an electronic application on Form DS-160 or, as directed by a consular officer, an application on Form DS-156. The new electronic application replaces the current system.
Now is the time to embrace technology. This is a final rule, FR Doc E-8-9336, which amends the Department of State's regulations related to application for a nonimmigrant visa, offers a completely electronic application procedure as an alternative to submission of the Form DS-156. This rule became effective on April 29, 2008.
The forms must be signed electronically by clicking the box designated “Sign Application” in the certification section of the application.
Even if personal appearance of a visa applicant is waived pursuant to 22 CFR 41.102 , the requirement for filing an application is not waived.
Applicants who are required to appear for a personal interview must provide a biometric, which will serve to authenticate identity and additionally verify the accuracy and truthfulness of the statements in the application at the time of interview. The consular officer may require the submission of additional necessary information or question an alien on any relevant matter whenever the consular officer believes that the information provided in the application is inadequate to permit a determination of the alien's eligibility to receive a nonimmigrant visa. Additional statements made by the alien become a part of the visa application.
NEW U.S. PASSPORT CARD FOR LAND AND SEA TRAVEL BETWEEN U.S. & MEXICO, CANADA, the CARIBBEAN, AND BERMUDA
The U.S. Department of State and the U.S. Department of Homeland Security (DHS) announced on July 22, 2008 that the new U.S. Passport Card is in full production and is now being distributed. The Passport Card is a convenient, wallet-sized document for land and seatravel between the United States and Mexico, Canada, the Caribbean, and Bermuda. It isimportant to note that the card is not valid for international travel by air.
Beginning in June 2009, travelers will be required to present a single Western Hemisphere Travel Initiative-compliant document denoting both citizenship and identity when entering the United States through a land or sea border.
More than 350,000 Americans pre-ordered the U.S. Passport Cards since the State Department began taking orders on February 1. Over 7,600 cards have already been mailed to advance customers, and all pre-orders are expected to be filled by September 30, 2008. After that initial distribution, the processing time for passport cards should be the same as for passport books – less than four weeks. Customers will be able to track the progress of their passport card application online beginning in mid-August.
The passport card will facilitate the frequent travel of Americans living in border communities by utilizing a vicinity-read radio frequency identification (RFID) chip. With this technology, DHS' U.S. Customs and Border Protection officers will be able to access photographs and other biographical information stored in secure government databases before the traveler reaches the inspection booth so that inspection can be facilitated. For privacy protection, no personal information is stored on the electronic chip itself. The chip will have only a unique number pointing to a stored record contained in secure government databases.
"We are pleased to offer Americans a choice of documents, the traditional passport book, and now the passport card, to meet their personal needs for international travel," said Assistant Secretary of State for Consular Affairs Janice L. Jacobs. "The passport card is the newest addition to the Department's long history of providing secure, reliable services to the American traveling public."
"We have been working closely with the U.S. Department of State to be able to provide another type of secure identification that is vital to protecting our nation's borders" said Homeland Security Assistant Secretary for Policy Stewart Baker. "The new passport cards will help facilitate legitimate travel while allowing our frontline personnel to focus more on those who may pose a threat."
The Passport Card is available for $45 for first-time adult applicants and $35 for children under 16. Adults who currently have valid passports can apply for the passport card by mail for $20.
To date, over 350,000 applications have been received and adjudicated for the U.S. Passport Card. Customers who submitted an application for the U.S. Passport Card prior to production, will receive their Passport Card between now and early September.
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.
Note: A previous passport book holder, eligible to use Form DS-82 , may apply for a passport card as a Renewal. First time applicants for a U.S. Passport, and those not eligible to use the DS-82, should apply for a passport card using Form DS-11.
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.
To facilitate the frequent travel of U.S. citizens living in border communities and to meet DHS’s operational needs at land borders, the passport card contains a vicinity-read radio frequency identification (RFID) chip. This chip points to a stored record in secure government databases. There is no personal information written to the RFID chip itself.
DIFFERENCES BETWEEN THE U.S PASSPORT AND THE U.S. PASSPORT CARD
The U.S. Passport card is designed to facilitate travel for residents of northern and southern border communities. Therefore, the card is limited. It is valid only for land and sea travel, not international air travel. It is not recognized globally. Its use is limited to land and sea crossings between the U.S. and Mexico, Canada, the Caribbean, and Bermuda. In contrast, a U.S. Passport Book is valid globally.
The U.S. Passport card is less expensive than the U.S. Passport Book.
A U.S. citizen may hold both a U.S. Passport and a U.S. Passport card. The advantages of a U.S. Passport Card may ease the process of land and sea travel for residents of the border communities.
U.S. PassportBookU.S. Passport Card
Validity
10 years for adults 10 years for adults
5 years for children 5 years for children
Size
Book form - 5" x3 1/2" Wallet Size
Cost for First Time Applicants
$100 adults $45 Adults
$ 85 minors $35 minors
Renewal Fee
$75 $20
Expedited Service
Available for a fee. No expedited service available.
Overnight delivery for a fee. No overnight delivery available.
Electronic Chip in U.S. Passport Card
To facilitate the frequent travel of Americans living in border communities, and to meet the Department of Homeland Security’s operational needs along the land borders, the passport card will have a vicinity-read radio frequency identification (RFID) chip. With this technology, Customs and Border Protection inspectors will be able to access photographs and other biographical information stored in secure government databases before the traveler reaches the inspection station.
Radio Frequency Identification technology (RFID) has been used successfully along our land borders with Canada and Mexico since 1995 in the Department of Homeland Security’s trusted traveler programs, such as NEXUS, SENTRI and FAST. U.S. border officials are able to expedite legitimate cross-border travel and trade of those trusted travelers who carry membership cards with vicinity read RFID chips that link to government databases. Membership in these programs currently exceeds 400,000.
RFID technology has been commercially available in one form or another since the 1970s. It can be found in car keys, highway toll tags, bank cards and security access cards. The Department of Homeland Security’s Customs and Border Protection (CBP) officers, who staff the ports of entry, anticipate that the speed of vicinity RFID will allow CBP officers, in advance of the traveler’s arrival at the inspection booth, to quickly access information on the traveler from secure government databases, and allow for automated terrorist watch list checks without impeding traffic flow. In addition, they foresee that multiple cards can be read at a distance and simultaneously, allowing an entire car of people to be processed at once.
The RFID technology embedded in documents will not include any personally identifying information; only a unique number that can be associated with a record stored in a secure government database will be transmitted.
Standards of Adjudication
The passport card is a fully valid passport that attests to the U.S. citizenship and identity of the bearer. As such, the passport card is adjudicated to the exact standards as the passport book. Applicants must provide documents which attest to their U.S. citizenship and identity such as birth and naturalization certificates.
Application Procedure
First time adult and minor applicants under the age of 16 will need to submit a completed Form DS-11 "Application for a U.S. Passport", 2 photos, evidence of citizenship, the application fee for the passport card and the execution fee. These applicants must apply in person at a Passport Application Acceptance Facility.
Adult applicants with fully-valid passports can apply for the passport card by mail by submitting Form DS-82 "Application for a U.S. Passport By Mail", 2 photos, fully valid passport issued within the last fifteen years, and the passport card application fee.
The expedited time for receiving the U.S. Passport Card is approximately four weeks. No expedited service is available. Neither is overnight delivery. All U.S. Passport Cards are mailed via the U.S. Postal Service.
IMMIGRATION NEWS & INFORMATION
NEW SPECIAL IMMIGRANT VISA FOR CERTAIN IRAQI NATIONALS WHO WORKED FOR THE U.S. GOVERNMENT.
Attention Iraqi nationals. U.S. Citizenship and Immigration Services (USCIS) announced guidelines for a new special immigrant visa for certain Iraqi nationals who worked for, or were contractors of the United States government in Iraq for at least one year after March 20, 2003. This special immigrant visa is also available for spouses and unmarried minor children.
Section 1244 of the Defense Authorization Act for Fiscal Year 2008 authorizes 5,000 special immigrant visas for Iraqi employees and contractors each year for fiscal years (FY) 2008 through 2012, as well as their spouses and children. There are no filing or biometric fees associated with this petition.
If the numerical limitation is not reached during a given fiscal year, the unused numbers will roll-over into the 5,000 authorized for the following fiscal year. If the numerical limitation for FY 2012 is not reached, any unused numbers from that year may be used in FY 2013. Numbers will not carry forward into FY 2014.
This new program is not the same as the Section 1059 special immigrant visa program for Afghan and Iraqi translators. However, eligible translators who file or who have filed under that program before Oct. 1, 2008, and who are unable to adjust status or receive an immigrant visa because we have reached the current year’s cap of 500, will automatically become eligible to receive a visa number under the new Section 1244 program.
Those translators do not need to provide any additional documents or meet any other eligibility requirements under the new program as long as they meet the requirements under the Section 1059 translator program. However, individuals who file under Section 1059 after Sept. 30, 2008 will be subject to an annual cap of 50 for FY 2009.
USCIS OFFERS PREMIUM PROCESSING FOR CERTAIN FORM I-140 PETITIONS BEGINNING JUNE 16, 2008: NEWS FOR EMPLOYERS AND H-1B WORKERS
U.S. Citizenship and Immigration Services (USCIS) announced on June 16, 2008, it will begin accepting Premium Processing Service requests for Forms I-140 (Immigrant Petition for Alien Worker) filed on behalf of certain alien workers who are nearing the end of their sixth year in H-1B nonimmigrant status.
Premium Processing Service offers 15 calendar-day processing for designated employment-based petitions and applications upon request. There is a nonrefundable fee of $1000 for this service. During the 15-day period, USCIS will issue either an approval or denial notice, a notice of intent to deny, a request for evidence, or open an investigation for fraud or misrepresentation. USCIS previously designated certain classifications under Form I-140 for Premium Processing Service in the May 23, 2006 issue of the Federal Register. See 71 FR 29662.
USCIS is limiting Premium Processing Service for Form I-140 petitions that are filed on behalf of aliens:
Whose sixth year will end within 60 days;
Who are only eligible for a further extension of H-1B nonimmigrant status under section 104(c) of the American Competitiveness in the Twenty-first Century Act of 2000 (AC21); and
Who are ineligible to extend their H-1B status under section 106(a) of AC21.
Section 104(c) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to three years, provided they are the beneficiary of an approved Form I-140 and an immigrant visa is not immediately available. Section 106(a) of AC21 permits applicants to extend their stay in H-1B nonimmigrant status in increments of up to one year, provided the Form I-140 petition or underlying labor certification has been pending for at least 365 days.
NATURALIZATION INTERVIEWS TO BE CONDUCTED ON SATURDAYS, SUNDAYS AND AFTER NORMAL BUSINESS HOURS ON WEEKENDS.
In Fiscal Year 2007, USCIS received a significant increase in naturalization applications (Form N-400). To address the increase, USCIS is expanding work hours and adding staff to complete these filings within our processing time goals.
If you have received a notice from USCIS that your naturalization interview has been scheduled on a Saturday, Sunday, or after traditional business hours, the notice is correct and you should appear at the scheduled time.
SUCCESS STORIES
GOOD THINGS COME TO THOSE WHO WAIT: THE TRUE STORY OF A SEVEN YEAR JOURNEY TO OBTAIN A GREEN CARD.
AFTER MORE THAN SEVEN YEARS, Miguel H and his wife Irma R got their green card.
The process began in April of 2001, when Miguel's employer filed a petition for Labor Certification on his behalf. Miguel works as a Supervisory Chef at a fine Mexican restaurant in Los Angeles.
The labor certification was filed in the final days of 245(i). To provide immigration benefits under 245(i), the application for Alien Labor Certification had to be filed (and received) by April 30, 2001.
Due to the enormous demand and delays in processing, the labor cert was not approved until August 11, 2006. In November 2006, after gathering the documents Miguel and his wife for Adjustment of Status in conjunction with their employer's I-140 petition for alien worker.
On August 29, 2007, the I-140 petition was approved.
A few weeks ago, on June 17, 2008, Miguel and Irma were called in for an interview for the applications to become lawful permanent residents.
Accompanied by their attorney Curtis Pierce, Miguel and Irma were asked many questions. Miguel was asked many questions about his job and what his duties entail.
The Immigration Officer was satisfied with the responses and gave Miguel and Irma approval notices on the spot.
CONGRATULATIONS MIGUEL AND IRMA. WELCOME TO THE UNITED STATES.
PROCESSING TIMES & CASE STATUS
Processing Times
· To view processing times and your case status, click one of the links below to connect to the correct U.S. Citizenship and Immigration Services information page.
It is published by the Law Offices of Curtis Pierce, 213-327-0044.
Disclaimer: The information contained in this newsletter is analysis and commentary of a general nature. Nothing in this newsletter applies to a specific case nor does it constitute legal advice.
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IMMIGRATION LAW E-NEWSLETTER
curtis f.pierce
Attorney At Law
certified specialist, immigration & nationality law
the state bar of california board of legal specialization
TEL (213) 327-0044 FAX (213) 327-0066
