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Immigration News
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March / February News DOS Proposed Adjustments to Schedule of Fees for Consular Services The Department of State has issued a proposed rule that would increase most fees for consular services, streamline the Schedule of Fees to render it more user-friendly, and make certain technical changes relating to passport fees. Comments on the proposal are due by April 29, 2002 Visa Services Suspended in Peshawar, Lahore Karachi The Department of State has suspended visa services at the Consulates in Peshawar, Lahore and Karachi. American citizen services will continue to operate at these Consulates. The U.S. Embassy in Islamabad is open for all services, including visa services. However, from time to time, the missions in Pakistan may temporarily close or suspend public services as necessary to review their security posture. The suspension of visa services at these Consulates appears open-ended. The Department’s notice was given in the scope of a travel warning issued to urge American citizens to defer travel to Pakistan. According to the Department, the March 17 attack on worshippers at the Protestant International Church in Islamabad and the kidnapping and brutal murder of journalist Daniel Pearl in Karachi earlier this year underscore the possibility that terrorists may seek civilian targets. As a result of these concerns, the Department has approved the authorized (voluntary) departure of eligible family members of Embassy and Consulate personnel in Pakistan H-1B Technical Skills Training Grant Awards Announced Over $23 Million Going to Local Communities to Help With Skills Training WASHINGTON- U.S. Secretary of Labor Elaine L. Chao today
announced grant awards totaling more than $23 million under the H-1B Technical
Skills Training grant program. The grants were awarded to local communities to
provide high-level training to employed and unemployed workers for jobs in
occupations where skills shortages exist. INS Considering Reduction in Visitor Visa Admission Period to 30 Days On Tuesday, March 19, INS Commissioner James Ziglar appeared before Congress to respond to questions about the recent approval notices issued in the cases of the two men who flew the planes into the World Trade Center on September 11. In his testimony, Mr. Ziglar stated that 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. According to the Commissioner, INS is also considering changes to regulations that would prevent a person who has entered under some other status from beginning a course of study before their request for a change of status to student is approved. NOTICE OF ADDRESS CHANGE: 1. Applicants must notify in writing of a change of address within 10 days of the change. INS has confirmed that this requirement applies to all nonimmigrants in the U.S. If a nonimmigrant has an application pending with the Service, he or she should advise the office where it is pending of the address change using the preferred method of that office. If no case is pending, the nonimmigrant should use Form AR-11. The AR-11 includes the address to which the form should be sent. All permanent residents must notify INS of changes of address using Form AR-11. This obligation continues until the person becomes a U.S. citizen. In answer to our request that the Service Centers develop one form and one procedure to notify them of a change of address, INS responded that they have considered this and it may happen in the future. ADJUSTMENT FEES FOR CHILDREN UNDER 14 YEARS OF AGE: 2. Filing Fee for Children Under 14. INS confirmed that the filing fee for
children under 14 remains at $160 and no fingerprint fee is required. GREEN CARDS PROCESSING LOCATIONS: 3. 5. I-551 Production. INS has confirmed that "green cards" are currently being produced in 3 locations: Kentucky, Vermont and Nebraska. Almost all of the cards are produced in Kentucky. Inquiries on a card that has not been received should inquiries be made at the Service Center which adjudicated the application for adjustment. March 13, 2002 President Signs Into Law Affidavit of Support Legislation On March 13 President Bush signed the Family Sponsor Immigration Act of 2001 (H.R. 1892) into law. The new law, Public Law 107-150, amends the Immigration and Nationality Act to provide for the acceptance of an affidavit of support from another eligible sponsor if the original sponsor has died and the Attorney General has determined for humanitarian reasons that the original sponsor’s classification petition should not be revoked. Under the new law elegible sponsors are: the spouse, parent, mother-in-law, father-in-law, sibling, child (if at least 18 years of age), son, daughter, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, or grandchild of a sponsored alien or a legal guardian of a sponsored alien. March 13, 2002 House Passes 245(i) Extension Last night, March 12, the House of Representatives approved a very narrow extension of Section 245(i) by a vote of 275 to 137. Although the bill passed by the House is severely flawed, its passage came over strenuous opposition by anti-immigration forces from inside and outside Congress, and sends an important signal that there is little support for their restrictionist agenda. The Senate must vote to approve the legislation before it can be signed into law by the President. It is unclear if or when the Senate will take up this bill. For more details on the issue. March 12, 2002 House to Vote on Extension of Section 245(i) After months of relative inaction on the issue and motivated by the President’s visit to Mexico later on this month, the Bush Administration is actively working to extend Section 245(i). The House of Representatives is expected to vote on Section 245(i) as early as today, as part of the Border Security Bill. The extension measure currently before Congress is a positive, but very flawed, gesture. March 6, 2002 USDA Terminates J-1 Waiver Sponsorship In a March 1, 2002, message to AILA member Bob Aronson, the U.S. Department of Agriculture (USDA) informed AILA that the agency had terminated its J-1 waiver sponsorship program effective February 27, 2002. Citing in the message to Bob Aronson "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. AILA believes that approximately 80 cases were pending, some dating as far back as October. The AILA Physician's Committee has requested a copy of the formal announcement, which has not appeared publicly. Additionally, members of the House and the Senate with an interest in rural health and rural development have been informed, and congressional action is anticipated. February 27, 2002 Congress Approves Affidavit of Support Measure On Tuesday, February 26, the House of Representatives agreed to a Senate amendment and passed H.R. 1892, the Family Sponsor Immigration Act of 2001. The bill would amend the Immigration and Nationality Act to provide for the acceptance of an affidavit of support from another eligible sponsor if the original sponsor has died and the Attorney General has determined for humanitarian reasons that the original sponsor’s classification petition should not be revoked. The Senate amendment added brothers and sisters-in-law to the list of eligible sponsors. The House vote clears the measure for the President, who is expected to sign the bill into law. February 21, 2002 Information Received from ISD Submitted by Sharryn Ross, ISD Chair ISD has informed AILA of the following: 1. There were a number of I-140 petitions filed prior to the 245(i) deadline without labor certifications. In these cases, INS will be sending denial notices. 2. In order to deal with the backlog in I-140 processing at the Texas Service Center, many I-140s are being relocated to the Nebraska and Vermont Service Centers. 3. INS is awaiting final guidance before releasing the E & L employment authorization memo, but it should be coming out shortly. February 20, 2002 Justice Department Terminates Argentina’s Participation in the VWP The Department of Justice announced on February 20, under an emergency termination provision, the imminent publication of an interim rule to officially remove Argentina from the Visa Waiver Program (VWP). According to a February 20 press release, the Justice Department, in consultation with the State Department, has concluded that Argentina’s participation in the VWP “is no longer compatible with the enforcement of immigration laws of the United States.” The decision follows Argentina’s recent economic collapse that has led to a 20 percent unemployment rate and economic uncertainty. The press release explains that the INS has experienced an increase in the number of Argentine nationals attempting to use the VWP to enter the U.S. and remain here without authorization upon the expiration of their 90-day period of admission. Argentine nationals who intend to travel to the U.S. for legitimate business or pleasure are now required to obtain a nonimmigrant visa at a U.S. consulate or embassy prior to their arrival into the U.S. According to the press release, nationals of Argentina, who gained lawful admission under the VWP before the removal date, may remain in the U.S. for the period of time authorized on their date of admission. The VWP permits nationals from designated countries to apply for admission to the U.S. for 90 days or less as nonimmigrant visitors for business or pleasure without first obtaining a nonimmigrant visa from a U.S. consular officer abroad. With the removal of Argentina, the following 28 countries remain in the VWP: Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, The United Kingdom, and Uruguay.
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