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Integrity Legal

Archive for the ‘US Visa and Immigration’ Category

8th February 2010

In previous postings on this blog the holiday closing schedule for US Embassies and Consulates have been posted in order to promulgate information about the dates that posts will be open for the regular transaction of business. This is done in an effort to forestall futile trips to the Embassy by those who are unaware of the times it will be closed. In general, a US Embassy or US Consulate overseas will be closed in recognition of both National Holidays in the United States of America as well as those national holidays recognized by the host country. Below is a schedule of holiday closures for the United States Embassy in New Delhi, India:

Date Day Holiday Type
January 1 Friday New Year’s Day American
January 5 Tuesday Guru Gobind Singh’s Birthday Indian
January 18 Monday Martin Luther King’s Birthday American
January 26 Tuesday Republic Day Indian
February 12 Friday Mahashivratri Indian
February 15 Monday Washington’s Birthday American
March 1 Monday Holi Indian
April 2 Friday Good Friday Indian
May 31 Monday Memorial Day American
July 5* Monday Independence Day American
August 24 Tuesday Raksha Bandhan Indian
September 2 Thursday Janmashtami Indian
September 6 Monday Labor Day American
October 11 Monday Columbus Day American
November 5 Friday Diwali Indian
November 11 Thursday Veterans’ Day American
November 17 Wednesday Idu’l Zuha (Bakrid) Indian
November 25 Thursday Thanksgiving Day American
December 17 Friday Muharram Indian
December 24** Friday Christmas Day American

* in lieu of July 4, Sunday
** in lieu of December 25, Saturday

The above information is quoted from the website of the US Embassy in New Dehli. It should be noted that an Embassy can close for reasons other than recognition of official holidays so it would be wise to check the Embassy’s website directly before traveling to the Embassy as local conditions could require the Post to be closed with little notice. For those interested in checking the official website of the US Embassy in India, please click: here.

Many people travel to a US Embassy in another country in order to obtain documentation that cannot be obtained from another location. For example, those who need a new passport, a Consular Report of Birth Abroad, or an American Notary overseas go to the American Citizen Services Section of a US Embassy abroad in order to obtain this type of documentation. Prospective immigrants travel to an Embassy in order to interview for US Visas such as the K1 visa, the K3 visa, or an Immigrant visa. No matter what one’s reasons are for traveling to the Embassy, foreknowledge of their hours of operation could avert frustration.

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7th February 2010

As explained in previous posts on this blog, the United States Embassies and Consulates overseas generally close for both national US holidays as well as those holidays recognized by the host country. The US Embassy in Indonesia closes in recognition of many Indonesian holidays as well as American holidays. Below is the scheduled closings for the US Embassy in Jakarta, Indonesia. The following holiday schedule is posted on the American Embassy in Jakarta’s website:

New Year’s Day New Year’s Day January 1 Friday
Birthday of Martin Luther King, Jr. January 18 Monday
Chinese New Year 2561 February 14 Sunday
Washington’s Birthday
[President Day]
February 15 Monday
Muhammad’s Birthday February 26 Friday
Nyepi Saka 1932 March 16 Tuesday
Good Friday April 2 Friday
Ascension of Christ May 13 Thursday
Waisak 2554 May 28 Friday
Memorial Day May 31 Monday
Substitute for Independence Day (U.S.) Sunday, July 4th July 5 Monday
Ascension of Muhammad July 10 Saturday
Indonesian Independence Day August 17 Tuesday
Labor Day

September 6 Monday
Idul Fitri
1 Syawal 1431 H
September 10-11 Friday, Saturday
Columbus Day

October 11 Monday
Veteran’s Day

November 11 Thursday
Idul Adha 1431 H November 17 Wednesday
Thanksgiving Day November 25 Thursday
Muslim New Year 1432 December 7 Tuesday
Substitute for Christmas Day, Dec 25th December 24 Friday
Christmas Day Christmas Day December 25 Saturday
Substitute for New year’s Day December 31 Friday

Oftentimes it is difficult to go to a US Embassy abroad for those who are living, working, or traveling through a foreign country. Expatriates and prospective immigrants who have lives to lead in the host country often find that going to the US Embassy requires a whole day to get an important issue resolved. Therefore, we have provided the above information on this blog in an effort to forestall a fruitless trip to an Embassy due to lack of foreknowledge on the part of American expats regarding the Post’s operating hours.

That being said, a Diplomatic or Consular Post is not required to be open at all times and there are times when Embassies and Consulates close without warning. For this reason, it may be prudent to go directly to the United States Embassy website in order to check if the post will be open at a certain time. To proceed to the US Embassy in Jakarta’s official website please click here.

For those American Citizens or Lawful Permanent Residents  overseas who wish to obtain a new passport, a Consular Report of Birth Abroad, a notarized document, or other services at the Embassy it may be possible to make an appointment with American Citizen Services (ACS). This provides convenience to the individual as well as the post as the Consular personnel can anticipate the needs of the Citizen and plan accordingly.

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6th February 2010

Recently, the United States Tenth Circuit Court held that, under certain circumstances, those holding K-2 visas who wish to adjust status do not “age out.” The tenth circuit’s opinion is found in Colmenares Carpio v. Holder, No. 08-9536 (10th Cir. Jan 12, 2010). To quote directly from the immigration slip opinion blog regarding the underlying facts of the case:

The petitioner entered the United States in K-2 status 6 months before turning 21. His mother married the US citizen within the required 90 days, and the petitioner and his mother applied for adjustment of status before he turned 21. USCIS took two and a half years to decide his application for adjustment of status. USCIS denied the application based on Petitioner’s age on the date of adjudication of the application. An Immigration Judge found that Petitioner was not eligible to adjust status because he was over the age of 21, and the BIA affirmed with a one paragraph unpublished decision.

To further quote the aforementioned blog, within the language of the opinion, the Tenth Circuit Court commenced with an analysis “of [the] statutory construction and found that there is no age limitation on adjustment of status of K-2 visa holders.” That being said, the court’s analysis in this case, “declined to address other scenarios such as when the marriage or the filing of the application occur after turning 21.”

This decision deals with a somewhat narrow set of facts as the K1 visa holder managed to arrive in the US, marry within 90 days, apply for adjustment of status and obtain approval prior to the K2 visa holder’s 21st birthday. The K2 visa holder applied for adjustment of status prior to his 21st birthday, but the case was not adjudicated until afterward.  This court in the above cited opinion has held that based upon these facts, the K2 visa holder did not “age out” and could therefore still adjust status.

For those who are unaware of how the K1 visa process works: the K-1 visa holder enters the United States and has 90 days to get married and apply for adjustment of status. The K1 (or K2) holder is allowed to remain in the USA pending a decision on the adjustment application (in fact is departure is necessary an advance parole travel document should be obtained prior to departure in order to preserve status).

A K2 visa is derivative of a K1 and is intended for the children of K1 visa holders. The statute is somewhat ambiguous regarding K2 visa holder’s rights when it comes to adjustment of status, but the opinion above has clarified some of the issues surrounding K2 visas, but further clarification is needed as in a different factual scenario it is possible that a K-2 visa holder could be barred from adjusting their status.

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5th February 2010

In cases where a US visa application is denied it may be possible to remedy the visa denial by applying for a waiver if the denial was based upon a legal grounds of inadmissibility. This type of waiver is called an I-601 waiver. At one time, if a United States visa applicant was infected with the Human Immunodeficiency Virus (HIV), then they would be denied a visa visa based upon this factor alone, if no other issues existed that called for a denial. However, recently the United States Immigration authorities have changed this rule. To quote a document promulgated by the American Immigration Lawyers Association (AILA):

“[I]nfection with the Human Immunodeficiency Virus (HIV) is no longer a ground of inadmissibility. If you have the HIV infection, you are no longer inadmissible to the United States, and are no longer required to file Form I-601 because of your HIV infection. As part of the revisions to Form I-601, any reference to HIV infection in the form and the instructions were removed.”

This is not the only rule change that has been recently promulgated as the filing instructions themselves have recently changed in order to more accurately reflect the proper filing locations as well as other regulatory modifications.

“In addition, USCIS… announced that there are revised filing instructions and addresses for applicants filing Form I-601, Application for Waiver of Ground of Inadmissibility. The change of filing location is part of an overall effort to transition the intake of benefit forms from USCIS local offices and Service Centers to USCIS Lockbox facilities. By centralizing form and fee intake to a Lockbox environment, USCIS can provide customers with more efficient and effective initial processing of applications and fees.”

The “lockbox” method is currently employed when processing immigrant visa applications such as the IR-1 visa and the CR-1 visa. This allows USCIS to streamline the application process as all applications are submitted to one location. K1 visa applications as well as K3 marriage visa applications are submitted directly to the USCIS Service Center with appropriate jurisdiction.

In situations where an I-601 waiver application is submitted overseas, the application is usually submitted at the US Embassy or US Consulate where the visa is denied. This allows the Consular Officer to make a recommendation regarding the waiver application. Those interested in US visa waivers should note that only licensed United States attorneys or accredited representatives are allowed to represent clients before both the United States Embassy and the United States Citizenship and Immigration Service (USCIS). That being said, only an attorney is entitled to charge fees for such services as accredited representatives are usually not-for-profit agencies who only charge a nominal fee (if anything) when assisting immigrants. Those who are not licensed to represent clients is US Immigration matters cannot charge a fee to represent clients in Immigration proceedings pursuant to US law.  For more information please click here.

For more information about American visas and the remedies available upon application denial please see: US Visa Denial.

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3rd February 2010

As with any large government agency, errors can occur in processing government documentation. The United States Citizenship and Immigration Service (USCIS) is not immune to human error and recently the Service issued some advance parole travel documents with incorrect dates. To quote a press release promulgated by the American Immigration Lawyers Association:

“U.S. Citizenship and Immigrations Services (USCIS) announced today that it will reissue Advance Parole documents (Form I-512) in response to documents that were mailed to applicants with an incorrect issue date of January 5, 1990. All affected documents have been identified and USCIS will automatically reissue documents to individuals who have received a document with the incorrect issue date.”

It is fortunate that USCIS caught this problem and took steps to remedy the situation. The aforementioned press release went on to say:

“All documents continue to be valid as the expiration dates remain accurate, therefore it is not necessary for applicants to contact USCIS regarding their pending application unless their application is outside the normal processing time of 90 days.”

Again, as USCIS took steps to quick deal with this problem the impact upon prospective immigrants or those with pending visa applications is likely to be blunted.  However, sometimes prospective immigrants or non-immigrants in the United States need to leave the country for an emergency, but do not wish to forfeit their immigration benefits by doing so, this press release went on to detail the steps that immigrants can take to obtain an emergency advance parole travel document:

“If you need to travel urgently and you have received a document with an invalid issue date, then you may travel using the incorrect document. U.S. Customs & Border Protection (CBP) has been alerted however, you may be questioned about the issuance date. Therefore, please print this explanation to share with CBP if necessary.”

For those unfamiliar with the subject of advance parole, it is the legal staus that a prospective immigrant or non-immigrant must obtain in order to leave the USA and return in status. This can be a particularly important issue for those present in the US on a K1 visa or a K3 Visa where the applicant has submitted an application for adjustment of status. Unlike an Immigrant Visa (CR1 or IR1), a K1 fiance visa or a K3 marriage visa requires that the applicant adjust status in order to obtain lawful permanent residence. Although this rarely comes up in the context of a K3 visa, the validity of a K1 visa is of such short duration that the underlying visa usually expires before the adjustment of status is approved. While the application is pending the K1 holder will be allowed to remain in the US, but if they leave before adjusting status they will fall out of status if they do not receive advance parole.

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2nd February 2010

Recently, one of the administrators of this blog came across an article on the Telegraph’s website. The article reported on the recently announced future legalization of same-sex marriage in the country of Nepal. To quote the article directly:

“Nepal’s homosexual community, which is led by Asia’s only openly gay member of parliament, will next month host a tourism conference to explore how to attract wealthy gay visitors to boost the country’s war-ravaged economy. The country’s new constitution will legalise homosexual marriage in May this year, when “Pink Mountain” will begin offering luxury honeymoon and wedding packages.”

This is a rather stunning announcement as few countries in Asia have legalized marriage between individual’s of the same sex. The article went further:

“Sunil Babu Pant, a Communist legislator and leader of the country’s homosexual rights movement, has launched a travel company dedicated to promoting the former Hindu kingdom to gay tourists in an effort to tap the so-called “Pink Pound” and dollar…Mr Pant is hoping to build on the government’s new determination to maximise income from tourism by targeting all potential markets…’The government is hoping to increase the number of tourists from 400,000 to one million next year and has taken a positive attitude to welcoming gay and lesbian visitors to help meet their ambitious target,’ he told The Daily Telegraph on Tuesday.”

This move should be applauded not only because many feel that it is the morally correct thing to do, but also because it will likely result in a major economic boon for Nepal.  A question on the minds of many who are interested in the issue of same-sex marriage and US Immigration is: how will this impact rights of gay couples who wish to immigrate to the United States of America?

In the short term, movements such as this will not have a direct impact on US Federal Immigration policy as the Defense of Marriage Act (DOMA) still precludes the promulgation of US Immigration benefits based solely upon a same-sex marriage. However, as more countries begin to legalize marriage between people of the same sex it becomes more apparent that the movement has gained something of a critical mass internationally. Further, the legality of DOMA is likely to eventually be taken up by the United States Supreme Court as there is currently a pending Federal Court Case in Massachusetts as well as a challenge in California Federal District Court to the provisions of “Prop 8″ in California.

It would seem that if the US Supreme Court overturns DOMA, then a valid same sex marriage in a country such as Nepal could be used as a basis for applying for US Immigration benefits. That being said, if DOMA were repealed then same-sex partners could possibly be entitled to file for such US Immigration benefits as a K1 visa or a K3 Visa at a US diplomatic post abroad (such as the US Embassy in Nepal). However, these issues have not been fully resolved and current US same-sex family immigration policy remains as an insurmountable obstacle to re-uniting many same-sex couples in the USA.

Another issue to remember on this topic is the Uniting American Families Act (UAFA) which would provide US Immigration benefits to the “Permanent Partners” of US Citizens or lawful permanent residents. A valid marriage would probably be seen as a strong piece of evidence supporting a claim of “permanent partnership.”

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1st February 2010

United States Diplomatic Missions are posted around the world. In many cases, a US Embassy will have a Consular Section for dealing with administrative matters for Americans overseas (i.e. notarial services, Consular Report of Birth Abroad, second passport, etc). A US Consulate is also tasked with adjudicating American visa applications.

In many cases, US Consulates and Embassies close on both US Federal holidays as well as those holidays recognized by the host country. Foreknowledge of an Embassy’s holiday closing schedule can be beneficial to both American expatriates and prospective US immigrants as this knowledge can help forestall an unproductive trip to the US Embassy. Below is a list of the holidays that the US Embassy in Singapore recognizes. The US Embassy will close in observance of the following American and Singaporean holidays:

OFFICIAL
DATE

U.S. HOLIDAY

LOCAL HOLIDAY

DATE
OBSERVED

January 1

New Year’s Day

New Year’s Day

Fri., Jan 1

3rd Mon in Jan

Birthday of Martin Luther King, Jr.

Mon., Jan 18

Feb 14-15

Chinese New Year

Mon., Feb 15
Tues., Feb 16

3rd Mon in Feb

Washington’s Birthday

Mon., Feb 15

April 2

Good Friday

Fri., Apr 2

May 1

Labor Day

Fri., Apr 30

May 28

Vesak Day

Fri., May 28

Last Mon in May

Memorial Day

Mon., May 31

Jul. 4

Independence Day

Mon., Jul 5

Aug.9

National Day

Mon., Aug 9

1st Mon in Sep

Labor Day

Mon., Sep 6

Sept. 10

Hari Raya Puasa

Fri., Sep 10

2nd Mon in Oct

Columbus Day

Mon., Oct 11

Nov. 5

Deepavali

Fri., Nov 5

Nov.11

Veteran’s Day

Thurs., Nov 11

Nov. 17

Hari Raya Haji

Wed., Nov 17

4th Thurs in Nov.

Thanksgiving

Thurs., Nov.25

Dec. 25

Christmas

Christmas

Fri., Dec 24

Jan.1, 2011

New Year

New Year Fri., Dec 31, 2010

Notwithstanding holiday closures, the Embassy could also close for internal administrative purposes, the following dates are noted on the Embassy’s website as times that the Embassy will not be open for transaction of regular business:

- February 15, 16 2010 (Monday & Tuesday)
Singapore Holiday - Chinese New Year’s Day
U.S. Holiday - Washington’s Birthday

- February 25, 2010 (Thursday)
Admin/Training Day*

- March 25, 2010 (Thursday)
Admin/Training Day*

* Admin/Training Days:  We will be closed for all Consular Services, including American Citizen passport renewal, extra passport pages and notarial services on these days.  Regular services will resume the following day.  For emergency services at any time during an Admin/Training day, please call 6476-9100 during normal business hours.

Please note that the above information was promulgated by the website of the US Embassy in Singapore. To view the Embassy’s website, please click on this link. It should be noted that the US Embassy could close for other reasons at other times so this information should not be viewed as definitive. For those wishing to deal with issues at the US Embassy in Singapore, we recommend contacting the post directly. Contact information can be found at the Embassy’s website by clicking on the above link.

For information about US Visas please see: K1 visa or K3 Visa.

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31st January 2010

Consular Processing (the process of obtaining a US visa from an American Consulate abroad) can be very time consuming. Also, for those Americans overseas wishing to obtain a new passport, US Consular Report of Birth Abroad, or new visa pages a trip to the US Consulate is likely required. Some Americans and prospective US Immigrants are unaware that most overseas Consular posts close for both American and local holidays out of respect to the American citizens working at the post as well as host-country nationals. In an effort to provide convenience to the readers of this blog below please find the holiday closing schedule for the United States Embassy in Nepal. We provide this information in an effort to forestall people traveling to the post on days when it is not open.

Note: (A) = American Holidays
(N) = Nepali Holidays

Date Holiday (A)/(N) Information
January 1 New Year’s Day (A) First day of the year in the Gregorian calendar, celebrated at home or in gatherings.
January 15 Maghi Parba (N) Begins the holy month of Magh (and the end of the ill-omened month of Poush). It is celebrated by taking ritual baths and praying at shrines. As well as eating yam and ‘chaku’ (a sweet made from boiled and hardened molasses).
January 18 Martin Luther King Jr.’s Birthday (A)

The Reverend Martin Luther King, Jr. was a black clergyman who is ranked among the greatest of black Americans because of his crusade to win full civil rights for his people. (more)

February 12 Maha Shiva Ratri (N) “Great Shiva’s Night,” a festival celebrated with all day fasting and an all night vigil.  Many Hindus gather at Pashupatinath Temple in Kathmandu.
February 15 Presidents’ Day (A) This day honors Presidents George Washington and Abraham Lincoln.  Washington was the first President.  Lincoln was President during the Civil War (1861-65) between the southern and northern states, which ended with the Union intact and slavery abolished.
April 14 Nepali New Year (N) First day of the year in the Nepal Sambat calendar.
May 27 Buddha Jayanti (N) On this day people swarm in Swayambhunath, Boudhanath and Patan to pay homage to Lord Buddha and also visit Buddha’s birth place in Lumbini and chant prayers and burn butter lamps.
May 31 Memorial Day (A) A holiday honoring those who have died, especially in war, often by decorating their graves with flowers. The federal legal holiday began in 1971.
July 5 Independence Day (A) Independence Day is regarded as the birthday of the United States as a free and independent nation. (more)
August 24 Janai Purnima (N) High caste Hindus chant the powerful Gayatri mantra and change their Sacred Thread while a red or yellow protection chord (a rakshya bandhan) is tied around the wrists of other Hindus and Buddhists. Many pilgrims journey to the mountains north of Kathmandu to emulate Lord Shiva by bathing in the sacred lake of Gosaikunda.
September 6 Labor Day (A) Commemorates the contributions of working men and women.  Labor union participation in annual parades remains common, while for many Americans the holiday marks the unofficial end of summer and beginning of the school year.
October 8 Ghatasthapana (N) On the day of Ghatasthapana, all Nepalese worship Diyo (an oil-fed lamp), Kalas (auspicious jar) and lord Ganesh in accordance with Vedic rituals and sow maize and barley seeds in a jar filled with soil and cow dung for germination of the auspicious Jamara (barley shoots).
October 11 Columbus Day (A) Commemorates Christopher Columbus’s first landing in the Americas, October 12, 1492.  In 1937, President Franklin D. Roosevelt proclaimed the federal holiday.
October 14 Phulpati(Dashain) (N) Tenth day of the 15-day national festival of Nepal, celebrated with sacrifices.
October 15 Maha Asttami(Dashain) (N)
October 18 Ekadashi (Dashain) (N) Eleventh day of the 15-day national festival of Nepal.
November 8 Bhaitika (Tihar) (N) Fifth day of Tihar, when sisters give their brothers tika and brothers give gifts in return.
November 11 Veterans’ Day (A) Derived from Armistice Day, commemorating the end of the First World War, November 11, 1918.  Today it recognizes all members of the armed forces, living and dead, who served during times of peace or war.
November 25 Thanksgiving Day (A) Commemorates the survival of early European settlers in the United States and their thanks to Native Americans for assistance in farming and hunting.  Celebrated with a large family meal featuring turkey.
December 24 Christmas Day (A) Holiday celebrated in the United States with family gatherings and giving presents.  For Christians it commemorates the birth of Jesus Christ.
December 31 Friday  New Year’s Day (in lieu of Jan 1, 2011) (A)

This information was taken directly from the US Embassy website, but please be advised that the Embassy’s operating hours are always subject to change. For more information please see the US Embassy in Nepal’s website at this link.

For more information about Consular Processing in Thailand please see: US Embassy Bangkok.

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30th January 2010

The US visa process is a time consuming endeavor, but for those who eventually obtain a visa the process can seem well worth the wait as United States Permanent Residence entails both the right to remain in the USA as well as the right to take up employment. The Resident Alien Card, also know as the “Green Card,” is a very important document for US permanent residents. Upon entry in the United States on an Immigrant visa (such as an IR-1 visa or CR-1 visa), the entrant is given an I-551 stamp in his or her passport. This stamp is, for all intents and purposes, the entrant’s “green Card,” until a proper resident alien card is issued. In the past, Resident Alien Cards were sent to American lawful permanent residents by mail, but there were situations where the Resident Alien did not receive there “Green Card” and this caused problems. In a recent USCIS stakeholder’s meeting this issue was discussed as the following question was posed:

“According to current USCIS practice, when a green card is sent to an address, but the applicant does not receive it, and the package is not returned to USCIS as undeliverable, the client must pay a $370 fee to request another card. This is very difficult for indigent clients. Given the importance of this document, could USCIS institute a policy of sending green cards by certified mail, return receipt requested?”

The issues involved in this question impact aliens in the USA on a daily basis and luckily the United States Citizenship and Immigration Service (USCIS) appears to have come up with a solution to deal with this problem. The details of this solution are contained in the Service’s response below:

“USCIS has developed a means to deliver our secure documents called the Secure Mail Initiative (SMI). This involves sending the secure documents using U.S. Postal Service Priority Mail with Delivery Confirmation. Using this process allows us to track each individual piece of mail electronically through the U.S. Postal Service and speeds our delivery time while enhancing accountability to customers. Currently, we are experiencing tremendous success with SMI in our travel booklet product line (Refugee Travel Documents, Form I-571 and Re-entry Permits, Form I-327).”

Hopefully the Secure Mail Initiative will solve this problem in the vast majority of cases. Although no plan is perfect, it seems like this new method of mailing important immigration documentation will ensure document receipt in most cases as the recipient, or someone in the same household, will be required to confirm delivery of this documentation.

This issue is not only relevant for those with an Immigrant visa, it is also of importance for those who enter the USA on a K1 visa or a K-3 Visa as these travel documents are dual intent visas and require adjustment of status in order for the alien spouse to remain in the USA in Lawful Permanent Resident Status. Assuming that the I-485 adjustment of status application is approved, the alien will receive his or her resident alien card in the mail as well. Due to timing issues, the Secure Mail Initiative may be as beneficial, if not more so, to immigrants in these visa categories as it is more likely that these aliens will have changed their address while awaiting approval of the adjustment of status application.

We at Integrity Legal commend USCIS for taking this issue seriously and providing a workable solution to what can be a difficult problem.

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29th January 2010

One of the co-authors of this blog has recently discovered that the United States Citizenship and Immigration Service (USCIS) has added a new web log (blog) to their official website. This blog is apparently designed to provide more up to date information as well as insights regarding United States Immigration and Department of Homeland Security policy. The new blog can be found at this link.  We at Integrity Legal wish to welcome USCIS to the blogosphere as we are anxious to read about current the news in United States Immigration policy.

In the initial posting on the new blog, USCIS took the opportunity to discuss the measures that have been taken to accord Haitian Nationals with Temporary Protected Status (TPS). This status allows those of Haitian Nationality who are present in the United States to file for protected status so as to avoid being placed into removal proceedings and sent back to Haiti. The reason that the United States Citizenship and Immigration Service has taken this measure is to avoid sending Haitians back to their home country as the Republic of Haiti has recently been the victim of incredibly damaging hurricanes and as a result the conditions in the country are tragic, if not, downright abysmal.

To quote directly from the USCIS blog:

The devastating earthquakes in Haiti have made it both dangerous and virtually impossible for most Haitian nationals living in the U.S. to return to their country in the near future. To help protect those who might otherwise be repatriated to a nation struggling to recover, the Secretary of Homeland Security announced the designation of Temporary Protected Status (TPS) for Haitian nationals who were in the United States as of January 12, 2010.

In this situation, USCIS has shown a very high level of efficiency, decisiveness, and compassion as TPS status was quickly granted to Haitians. It would appear that the decision to grant this status is based almost entirely upon humanitarian grounds and it is hard for anyone to disagree with the idea that sending Haitians back to Haiti at this time would be morally wrong, to say the least. That being said, the ultimate fate of Haitian nationals in the United States remains to be seen, but for now those present in the US do not need to fear the specter of being forcibly returned to their devastated homeland.

Hopefully, the United States Citizenship and Immigration Service will continue to provide relevant and important information through its website, press releases, and blog posts.

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