Integrity Legal

This blogger recently cam across an interesting report from the Department of Homeland Security. As discussed in previous postings on this blog, the Southwestern border of the USA has been the scene of increasing efforts by American State, Federal, and local authorities to stem the flow of undocumented immigrants to the USA. To quote directly from the report:

Department of Homeland Security (DHS) Secretary Janet Napolitano today held a quarterly conference call with sheriffs and police chiefs from 30 jurisdictions along the Southwest border to discuss the Department’s ongoing support for state and local law enforcement in their efforts to keep their communities safe from violence and other threats.

It would appear the the Department of Homeland Security is working more closely with local authorities in order to increase security along the United States-Mexican border. The aforementioned report went on to further note:

Since January 2009, DHS has committed unprecedented resources along the Southwest border. The Border Patrol is better staffed today than at any time in its 86-year history, having doubled the number of agents from approximately 10,000 in 2004 to more than 20,500 today. In addition, Immigration and Customs Enforcement (ICE) has doubled the number of personnel assigned to Border Enforcement Security Task Forces; increased the number of intelligence analysts working along the U.S.-Mexico border; quintupled deployments of Border Liaison Officers; and begun screening 100 percent of southbound rail shipments for illegal weapons, drugs, and cash—for the first time ever.

Secretary Napolitano also highlighted critical programs that assist state and local law enforcement in making their communities safer. In July, DHS announced more than $47 million in fiscal year 2010 Operation Stonegarden grants for Southwest border states. Based on risk, cross-border traffic and border-related threat intelligence, 82 percent of 2009 and 2010 Operation Stonegarden funds went to Southwest border states—up from 59 percent in 2008.

DHS has also expanded the Secure Communities initiative—which uses biometric information and services to identify and remove criminal aliens in state prisons and local jails—from 14 jurisdictions in 2008 to more than 800 today, including all jurisdictions along the Southwest border.

The Department of Homeland Security’s role has increased dramatically along the Southern border of the USA. In a previous blog post this author noted that the Department of Homeland Security’s United States Customs and Border Protection Service (USCBP) has been using sophisticated technology such as iris scanners in an effort to bio-metrically monitor travelers crossing the border between the USA and Mexico. Pursuant to legislation passed in the 1990s Customs and Border Protection has the authority to place foreign individuals into expedited removal proceedings which can result in a bar to admission for the foreign national for 5 years after the proceedings have concluded.

The situation along the Southern US border may become more tense as inflows of undocumented immigrants are likely to continue necessitating further action by authorities such as USCBP and local law enforcement. It is hoped that this problem can be dealt with in such a way that it does the least amount of harm to all concerned.

Fore related information please see: I-601 waiver or US Visa Denial.

Tags: American Immigration, American Visa, Border Security, Department of Homeland Security, illegal immigration, immigration law, Southwestern Border, Undocumented Immigration, United States Customs and Border Protection, Unlawful Immigration, US-Mexican Border, USCBP, Visa Law
Posted in Department of Homeland Security, I-601 Waiver, USCBP | No Comments »

Since recent economic developments have caused turmoil in the American economy, it is this blogger’s opinion that few are willing to look at the positive aspects of the United States economy. As a business platform the United States of America is still one of the best countries to host businesses conducting trade, providing services, or conducting manufacturing. To quote directly from another website, locationusa.com, which discusses issues surrounding the United States economy at length:

U.S. affiliates of foreign companies employ more than five million U.S. workers and support millions more indirectly. There is no question that investing in the United States brings with it many advantages. With a population of more than 300 million and the largest economy in the world, the United States is the most important market for any global company. The American work force ranks as one of the best educated, most productive, and most innovative in the world. As a place to do business, the United States offers a predictable and transparent legal system, outstanding infrastructure, and access to the world’s most lucrative consumer market.

Although it may seem counter-intuitive at first blush, legal immigration has a tremendous positive impact upon local economies. This is especially true where immigrants are investing in the United States economy or setting up a business in the USA. One of the primary ways in which immigrants can be beneficial to the USA is through foreign direct investment. Any money invested in the United States could be viewed as a net positive if one were looking at global competition for foreign direct investment as a “zero sum” game. Furthermore, investment in the USA creates jobs. As stated above, the United States labor market is one of the most sophisticated and efficient on the planet. This is one of the many reasons why foreign companies set up offices in the United States as American Citizens and Lawful Permanent Residents are some of the best educated and best equipped to handle complex and difficult tasks. Also, the infrastructure of the United States is ranked high compared to other nations around the globe. In short, the United States of America is an optimal location to engage in business activity aimed at attracting customers from both the USA, which has a very dynamic consumer market, and the world at large.

The EB-5 Immigrant Investor visa is a very useful travel document for those who wish to both invest and work in the United States. This visa is a highly sought after travel document since it provides the bearer with lawful permanent residence upon lawful admission to the USA at a Port of Entry. Those interested in obtaining an EB-5 Visa should conduct research and take note of the fact that Immigrant Investors wishing to enjoy an EB5 visa should be willing to invest a minimum of five hundred thousand (500,000) United States dollars. Those seeking to invest in an “un-targeted” EB-5 program should note that such an investment must generally be at least one million (1,000,000) US dollars.

Those who wish to invest in a small business in the United States may find the the US E-2 visa beneficial as this travel document may be used to travel to the USA to oversee an enterprise located stateside. It should be noted that the E-2 is a non-immigrant visa and therefore, those wishing to immigrate to the USA to reside may not be well served by an E-2 visa.

For related information please see: EB-5 Visa China or EB-5 Visa Thailand.

Tags: American Immigration, American Visa, E 2 Visa, E2 Visa, EB-5 Visa, EB-5 Visa China, EB-5 Visa Thailand, EB-5 Visas, EB5 Visa, EB5 Visa China, EB5 Visa Thailand, Immigrant Investment Visa, Immigrant Investor Visa, US Immigration, US Visa
Posted in American Institute Taiwan, E1 visa, E2 Visa, EB5 Visa, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »

In recent weeks, some websites have been abuzz with information pertaining to a recent memorandum from the United States Citizenship and Immigration Service (USCIS) which discussed Social Media platforms and their relevance in the context of United States Immigration.  To quote sections of the memo directly, as posted on the EFF.org (Electronic Frontier Foundation) website:

The Internet has made it increasingly easier for people to get connected with each other whether that is with long-distance family, fiiends [sic], or to find new loves and friendships. Social networking sites such as MySpace, Facebook, Classmates, Hi-5, and other similar sites are designed to allow people to share their creativity, pictures, and information with others. Sometimes people do this to find romance, sometimes they do it to find fiiends [sic] with similar interests, and sometimes they do it to keep in touch with family…This provides an excellent vantage point for FDNS to observe the daily life of beneficiaries and petitioners who are suspected of fraudulent activities. Generally, people on these sites speak honestly in their network because all of their friends and family are interacting with them via lM’s (Instant Messages), Blogs (Weblog journals), etc. This social networking gives FDNS an opportunity to reveal fraud by browsing these sites to see if petitioners and beneficiaries are in a valid relationship or are attempting to deceive CIS about their relationship.

Visa and Immigration Fraud are fundamental concerns of the Department of Homeland Security, the USCIS, and Fraud Detection and National Security (FDNS). Therefore, investigation into the bona fides of a relationship that is the basis for submission of a visa petition can be rather routine in circumstances where a United States Citizen or Lawful Permanent Resident has submitted a petition for immigration benefits on behalf of a foreign loved one. That said, the implications of USCIS’s monitoring social media sites can be somewhat unnerving for many as evidenced by a recent quote from a blog post on the ImmigrationEquality.org website:

While we would never encourage anyone to engage in immigration fraud, it is disturbing to think of government officials “friending” unknowing immigrants to use the information in their personal posts against them. In these times of technology speeding forward, it’s important to remember that when you post anything on a public site you have to anticipate that it could be used against you.

Immigration fraud is a serious issue as the integrity of United States immigration law must be upheld both by those seeking immigration benefits and those adjudicating immigration petitions. New technologies offer new ways to stay connected to friends, family, and loved ones in a global context.  However, comments made on social media sites which may seem innocuous or humorous to an online poster at the time of a comment’s posting could be taken out of context by immigration adjudicators who are not personally acquainted with the person or persons making such comments. At the end of the day, the main themes that may be gleaned from the recent revelation of this memo: DO NOT EVER attempt to defraud the U.S. government in an attempt to obtain immigration benefits and even those seeking immigration benefits for bona fide reasons should be cognizant of the fact that information posted on social media websites could, at some point, be heavily scrutinized by immigration officers and/or adjudicators.

For related information please see: US Visa Processing Time or I-601 waiver.

Tags: American Family Immigration, American Immigration, American Visa, Classmates, CR1 Visa, Department of Homeland Security, DHS, EFF.org, Facebook, FDNS, Fraud Detection and National Security, Hi-5, I-601 Waiver, ImmigrationEquality.org, IR1 Visa, K1 Visa, K3 Visa, MySpace, United States Immigration, United States Visa, US Immigration, US Visa, USCIS "friending", USCIS Social Media Monitoring
Posted in Adjustment of Status, American Institute Taiwan, CR1 Visa, Department of Homeland Security, Fiance Visa Thailand, General Legal Information, I-601 Waiver, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

It recently came to this author’s attention that the Department of Homeland Security’s United States Citizenship and Immigration Service (USCIS) has promulgated a new Naturalization Certificate. The new document has enhanced security features and is updated in order to comport with current law. To quote directly from a recent press release distributed by the American Immigration Lawyers Association (AILA):

U.S. Citizenship and Immigration Services (USCIS) today announced it has begun issuing a redesigned, more secure Certificate of Naturalization (Form N-550) as part of its ongoing efforts to enhance the integrity of the immigration system. The agency anticipates that over 600,000 new citizens will receive the enhanced certificate over the next year.

It really can seem rather astounding that the United States grants citizenship to so many people each year as there are many countries throughout the world that do not take in immigrants at nearly the rate of the United States. Furthermore, of the countries that admit immigrants it would seem that the United States is more eager to grant citizenship to those who have obeyed the immigration laws and sought naturalization through the proper channels.

The aforementioned press release went on to note some frequently asked questions posed by those interested in the U.S. Naturalization process:

Q1. What is a Certificate of Naturalization (Form N-550)?
A1. The Certificate of Naturalization serves as evidence of your citizenship. You receive it after taking the Oath of Allegiance to the United States. Citizenship qualifies you to vote and travel with a U.S. passport, among other rights. In many instances, a Certificate of Naturalization is accepted as a valid form of identification.

Q2. Why did USCIS redesign the naturalization certificate?
A2. The previous Certificates of Naturalization featured hard-copy photos of the candidates. The redesigned certificate features the naturalization candidate’s digitized photo and signature embedded into the base document. Eliminating the requirement to affix the hard-copy photo and hand-stamp the USCIS director’s signature cuts cost in man-hours and improves security.

Q3. What’s different about the new certificates?
A3. The naturalization candidate’s digitized photo and signature are embedded in the security-enhanced certificate. Its background features a color-shifting ink pattern that is difficult to recreate. Additionally, USCIS will use a more secure printing process, making it more tamper-proof.

Q4. When will USCIS issue the security-enhanced naturalization certificates?
A4. USCIS will begin using redesigned certificates at all offices beginning today. USCIS offices in Atlanta, Denver and Baltimore will begin to utilize the automated production process this week, including digitizing photos and signatures on all certificates. USCIS will deploy the automated production system agency-wide by the end of the calendar year.

Q5. Following the agency-wide transition to the new document, will all new citizens receive redesigned naturalization certificates with digitized photos?
A5. While all new citizens will receive the redesigned, security-enhanced certificate, certain, limited categories of naturalization candidates, including overseas military and homebound candidates, will receive documents with hard-copy photos affixed to their certificates.

Q6. I’ve already obtained a Certificate of Naturalization. Will I have to apply for the redesigned security-enhanced version?
A6. No. All previously issued Certificates of Naturalization will remain valid.

Q7. How does the issuance of the redesigned naturalization certificate impact applicants?
A7. The issuance of the redesigned Certificate of Naturalization will not impact Application for Naturalization (N-400) processing times. USCIS Application Support Centers (ASCs) will still require applicants to submit their fingerprints and two hard-copy photos. The ASCs will also capture a digital photograph and digital signature for each N-400 applicant.

Q8. If ASCs will capture digital photos of N-400 applicants, why must applicants still provide hard-copy photos?
A8. The hard-copy photos will be required as a back-up in case of unforeseen issues, allowing them to continue their naturalization process without delay.

Q9. Will USCIS update any of its other certificates?
A9. Yes. USCIS intends to digitize its other citizenship-related certificates, but no completion dates have been set.

Q10. Will the wording of the naturalization certificate change?
A10. Yes. USCIS has revised the wording to better reflect the current provisions of the Immigration and Nationality Act. In particular, obsolete language stating that the candidate resides in the United States and “intends to reside in the United States when so required by the Naturalization laws of the United States” has been removed. These changes affect the form of the certificate only and do not alter any legal requirements for naturalization or USCIS application processing.

This author found it interesting to note that the FAQ’s quoted above mentioned that other citizenship documentation may be updated soon. It remains to be seen whether or not the Certificate of Citizenship, which signifies US Citizenship, but for those who are Citizens not by naturalization, but through either some extraneous set of circumstances of by operation of law; will be enhanced to safeguard against fraud. Certificates of Citizenship are likely to be more common in the future particularly since the promulgation of the Child Citizenship Act, but it remains to be seen how the Certificate of Citizenship might be upgraded.

Naturalization to United States Citizenship is a serious undertaking and those interested in becoming United States Citizens should research the process thoroughly in an effort to understand the requirements and ramifications of United States Citizenship. Hopefully, this new Naturalization Certificate will result in increased security in the form of more tamper resistant documentation.

Fore related information please see: USCIS processing time, Child Citizenship Act, or Legal.

Tags: AILA, American Citizenship, American Immigration, American Immigration Lawyers Association, Child Citizenship Act, Child Citizenship Act 2000, Citizenship, Department of Homeland Security, DHS, Naturalization, Naturalization Certificate, United States Citizenship, United States Citizenship and Immigration Service, US Citizenship, US Citizenship by operation of law, US Naturalization Process, USCIS
Posted in Department of Homeland Security, News, US Citizenship, USCIS | No Comments »

This author has frequently discussed the myriad problems that Immigrants can face when dealing with an unlicensed American immigration “agent” or “specialist“. American law and Federal Regulations are clear regarding the issue of who is allowed to provide legal services in matters arising before the United States Citizenship and Immigration Service (USCIS) specifically; or any of the other agencies which are overseen by the Department of Homeland Security (DHS). Only licensed attorneys from the United States of America are able to provide consultations about US Immigration matters for a fee. Furthermore, only an attorney licensed by the Highest Court of least one US State, Commonwealth, or outlying territory is allowed charge fees to represent clients before DHS, including USCIS.

Unfortunately, there are some unauthorized organizations throughout the world claiming to be able to provide advice and assistance in American Immigration matters. The internet has proven to be a great tool for those wishing to research matters pertaining to United States Immigration. Meanwhile, it has also provided a platform for some operations which claim legal expertise without appropriate training or licensure. Such individuals and entities ought to be avoided at all costs since information transmitted to such individuals and entities may not be protected by the usual legal protections accorded to communications conveyed between an American attorney and their client. Furthermore, one who is not legally trained or not licensed to provide legal services in a given jurisdiction or about a particular subject cannot provide effective counsel nor lawful confidentiality to those seeking their assistance. This can be especially important to those conveying sensitive information about a case pending before an immigration tribunal, agency, US Embassy, or US Consulate abroad. Those engaged in the unauthorized practice of law in the aforementioned manner are thereby placing their own interests, as well as those of their unsuspecting “clients’”, in jeopardy.

When comparing the costs of legal service it is important to understand the pivotal role of licensure when making a decision to retain counsel. No licensed legal professional is likely to have a problem with prospective clients shopping for a reasonably priced service with a professional that they feel comfortable dealing with. In general, licensed American attorneys find that competition with other professionals makes for a healthy and prosperous business environment, but to compare the services of a licensed American immigration attorney with one who is not licensed to practice law creates a false comparison as US law is clear that those without licensure cannot provide the services which they claim they can provide in an immigration context. In short: one cannot compare a legal service with an illegal service from a price standpoint as an illegal service provider simply cannot provide such services at any price.

For further information please see: licensed lawyer. To learn more about US Immigration from Southeast Asia please see: US Immigration Law Thailand.

Tags: American Attorney, American Immigration, American Immigration law, American law, American Lawyer, American Visa, immigration specialist, licensed lawyer, Unauthorized practice of law, unlicensed practice of law, US attorney, US Immigration, US Immigration Law, US Immigration Law Thailand, US Immigration Lawyer, US Law, US lawyer, US Visa, visa agent
Posted in American Institute Taiwan, CR1 Visa, Department of Homeland Security, E1 visa, E2 Visa, EB5 Visa, F1 Visa Thailand, Fiance Visa Thailand, General Legal Information, I-601 Waiver, IR1 Visa, J1 visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, lgbt immigration, National Visa Center, same sex visa, Thailand Business, US Citizenship, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Emassy Mongolia, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Tourist Visa, US Visa, US Visa and Immigration, US Visa Thailand, USCBP, USCIS, USICE, Visa Waiver | No Comments »

The United States is an interesting country to analyze from the standpoint of immigration. Immigrants coming to the United States have provided the engine for economic growth throughout the 19th and 20th centuries. However, in recent years there have been those who have questioned US Immigration policy as spotty enforcement and a lack of clear Comprehensive Immigration Reform measures have left some feeling as though major change to the system is necessary for legal, political, and economic reasons. One aspect of US Immigration that some Americans fail to take into consideration when researching American immigration policy is the so-called “business argument”. Many feel that skilled immigrants can provide a much needed boost to the US economy particularly in economic areas where companies in United States are not as technically proficient compared to companies abroad. To quote a recent posting on the Financial Times website:

[T]he “business argument” for an increase in skilled immigrants is being politically sidelined because of the failure of the federal government to resolve the status of the more than 11m illegal and undocumented immigrants living in the shadows, and the unwillingness – not the inability – of the government to enforce current immigration laws.

This seeming lack of political will on the issue of Comprehensive Immigration Reform may stem from the current lack of a clear Immigration policy enshrined in American law. The United States Immigration system has not seen a large scale reform in many years and this has lead to systemic inefficiencies in dealing with real time issues. However, this author believes that American Citizens and American lawmakers have the ability to craft sound immigration policies. To quote the aforementioned publication further:

A world power – founded and built by immigrants – that has prospered, in large part due to its immigrant intake over the years, must do better than depend on an immigration policy that condones “don’t ask, don’t tell”.

Once a rational and comprehensive immigration policy is properly forged – and, more importantly, enforced – one hopes that business’s demand for additional skilled immigrants will be an integral part of it.

The idea of a “don’t ask, don’t tell” US Immigration policy is a bit controversial as there are laws on the books which speak directly to issues such as unlawful presence in the United States, but the enforcement of such laws is difficult as the problem of undocumented immigrants in the US has become ubiquitous and therefore difficult to deal with. Overcoming this problem will likely result in an overall benefit to the US economy as Comprehensive Immigration Reform could pave the way for legitimate business immigration to the USA.

The benefits which can be accrued to the American economy’s favor should not be underestimated. Foreign direct investment in the United States economy will likely come from immigrants who wish to invest in American business while maintaining lawful status through utilization of some form of US visa. Meanwhile, skilled technical labor from abroad would make the US economy that much more attractive to foreign and domestic investors and increase the likelihood of future American technological innovation: which has consistently remained the American economy’s “Ace in the Hole” when making comparisons to other economic areas around the globe.

For related information please see: E2 visa or EB5 visa.

Tags: American Immigration, American Visa, Comprehensive Immigration Reform, Department of Homeland Security, Undocumented Aliens, undocumented foreign national, US Immigration, US Immigration Law, US Immigration Policy, US Visa
Posted in Comprehensive Immigration Reform, E1 visa, E2 Visa, EB5 Visa, US Visa | No Comments »

In recent posts on this blog it has been noted that the United States Citizenship and Immigration Service (USCIS) must raise the fees associated with the processing of certain visa petitions. The L1 visa is a commonly sought travel document for those individuals working within a multinational corporation. Specifically, the L1 visa was designed to provide a specific travel document for intracompany transferees. The following is directly quoted from a recent executive summary compiled by USCIS which was distributed by the American Immigration Lawyers Association (AILA):

On August 13, 2010, President Obama signed into law Public Law 111-230. The new law contains provisions that require petitioners to pay an additional $2,000 for certain H-1B petitions and an additional $2,250 for certain L-1 petitions. To begin public outreach on this legislation, USCIS held a teleconference on August 19, 2010 to share how USCIS will implement it…

The recent fee increase would seem to have raised some questions among petitioners, applicants, and practitioners. Therefore, USCIS officials were required to provide answers to some of the frequently asked questions. The following is quoted from the aforementioned executive summary:

During the teleconference, among other answers provided, USCIS informed the public that:

o The additional fee is required for certain H-1B or L-1 petitions postmarked on or after August
14, 2010;

o The law will remain in effect through September 30, 2014;

o This law is applicable to petitioners who employ 50 or more employees in the U.S. and more than 50% of the petitioner’s employees are in H-1B or L nonimmigrant status;

o Until the Form I-129 is updated, if a petitioner believes s/he is exempt from the requirement to pay the additional fee(s), the petitioners should include a cover letter, with their filings, that explains why the added fee does not apply. At the top of the cover letter, petitioners should include a notation of whether or not the fee is required in bold capital letters;

o If a petitioner does not include the added fee and USCIS determines the fee is required or if USCIS cannot determine if the fee is required, USCIS will issue a Request for Evidence (RFE) for the additional fee or for further explanation; and

o If the petitioner includes the increased fee, the fee should be paid by a separate check. The check should be made payable to the Department of Homeland Security. By paying the increased fee separately, USCIS will be able to more quickly issue a refund, if it is later determined that the increased fee was not required.

Employment visas to the United States of America are highly sought by foreign nationals residing in the United States as well as abroad. That said, the requirements that must be met for obtainment of such travel documents can be stringent. Therefore, the individuals seeking such visas are well advised to contact an American attorney in order to be fully advised of the processing details.

For further related information please see: E2 Visa.

Tags: American Immigration, American Visa, Department of Homeland Security, E 2 Visa, E2 Visa, Employment Visa, H-1B visa, H1B visa, L-1 visa, L-1a visa, L-1b visa, L1 Visa, L1A Visa, L1B Visa, United States Immigration, United States Visa, US Immigration, US Visa, USCIS
Posted in L1 Visa | No Comments »

The administration of this blog routinely posts information which may be beneficial for those seeking a United States Visa. The lists below show the current estimated processing times for the USCIS service centers located throughout the United States. These figures are current estimates as of June 30, 2010. The Estimated Processing Times for the Vermont Service Center are as follows:

The estimated processing times for the USCIS California Service Center are as follows:

The estimated processing times for the USCIS Nebraska Service Center are as follows:

The estimated processing times for the USCIS Texas Service Center are as follows:

Those interested in learning information about the K1 visa should note that the I-129f petition (the petition for a K1 fiance visa) is now only being accepted at a USCIS lockbox facility rather than directly at Service Center facilities. Further, those researching US Immigration matters for the first time should note that the above processing times do not reflect an accurate time line for the entire US visa process. This is due to the fact that most petitions approved by USCIS must go to the National Visa Center for a security clearance to be initiated. After the initiation of a security clearance the file must then be forwarded to the US Embassy or US Consulate with appropriate jurisdiction over the Beneficiary’s place of residence.

To check USCIS processing times directly online please go to the following page by clicking here.

Tags: American Immigration, American Visa, CR1 Visa, E1 visa, E2 Visa, IR1 Visa, IR2 visa, K1 Visa, K2 Visa, K3 Visa, K4 Visa, L1 Visa, United States Citizenship and Immigration Service, US Consulate, US Embassy, US Immigration, US Visa, USCIS, USCIS California Service Center, USCIS lockbox, USCIS Nebraska Service Center, USCIS Processing Time, USCIS Service Center, USCIS Texas Service Center, USCIS Vermont Service Center
Posted in CR1 Visa, E1 visa, E2 Visa, EB5 Visa, IR1 Visa, K1 Visa, K3 Visa, L1 Visa, National Visa Center, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Myanmar, US Embassy Nepal, US Embassy New Dehli, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Thailand, US Embassy Tokyo, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, US Visa Thailand | No Comments »

Frequently, the administration of this blog posts holiday closing schedules for US Embassies and US Consulates overseas. This information is posted in an effort to forestall unnecessary trips to a US Embassy or US Consulate abroad. Many natives of the host country of an American Mission abroad are unaware of some of the holidays celebrated by Americans (which may result in the closing of a Post abroad in observance of said holidays). Furthermore, many Americans are unaware of certain local holidays observed by the host country (which may also necessitate Post closure). The following information is conveyed in an effort to provide clarification regarding Post closure. To quote directly from the official website of the US Consulate in Hyderabad, India, the following is a breakdown of the holidays observed by that Post:

* in lieu of July 4, 2010.

Note: In the year 2010, two Indian National Holidays – Independence Day and Gandhi Jayanthi fall on a Sunday and Saturday. The post will observe these holidays on Sunday, August 15, 2010 and Saturday, October 2, 2010 respectively”

Many Americans traveling abroad seek services from a US Consulate or Embassy overseas. Those who seek services from an American Citizen Services section of a US Embassy or US Consulate are well advised to check the local Post’s hours of operation, holiday closing schedule, and also ascertain whether or not the Post takes appointments online. For those seeking services from a US Consulate overseas, the process can be far more efficient where an American makes an appointment online s the appointment system often provides the customer with the opportunity to explain the services sought prior to the appointment date. This provides the Consular Officers with an opportunity to prepare themselves to best serve the customer’s needs.

United States Visa applications are not generally adjudicated by the American Citizen Services Section of a US Consulate. For more information about US Immigration generally please see: US visa.

Tags: American Citizen Services, American Immigration, American Visa, US Consulate, US Consulate Hyderabad, US Consulate Hyderabad Holiday Closing Schedule, US Embassy, US Embassy India, US Immigration, US Visa
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This author has recently been informed that the United States Citizenship and Immigration Service (USCIS) is poised to conduct a thorough policy review which will delve into USCIS’s customer service procedures and look for ways to improve the US immigration system. As a first step, USCIS announced that a public survey would be conducted. Below are excerpts from a USCIS press release (distributed by the American Immigration Lawyers Association [AILA]), which outlines the purpose of the policy review and provides guidance regarding further methods of information gathering in an effort to improve USCIS customer service policies:

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) has announced the results of a public survey that launched the USCIS Policy Review, an unprecedented, top-to-bottom examination of the agency’s adjudication and customer-service policies. The survey results helped USCIS select the first 10 issue areas to address in the agency-wide review.

Informed by the survey responses, the agency’s needs, and input from the workforce, the USCIS Policy Review will begin by examining policies in the following issue areas: National Customer Service Center; Nonimmigrant H-1B; Naturalization and Citizenship; Employment-based Adjustment of Status; Family-based Adjustment of Status; Employment-Based Preference Categories 1, 2 and 3; Refugee and Asylum Adjustment of Status; Form I-601; General Humanitarian; and Employment
Authorization and Travel Documents.

“As an agency, we must achieve consistency in the policies that guide us and in how we implement them for the public benefit,” said USCIS Director Alejandro Mayorkas. “To achieve that critical goal, we are partnering with the public in this major undertaking to review our adjudication and customer-service policies. We will work collaboratively toward the shared objectives of consistency, integrity, transparency and efficiency.”

In April 2010, USCIS issued a survey that asked any interested member of the public, as well as its own workforce, to help identify the issue areas that the agency should examine first. USCIS received approximately 5,600 survey responses from diverse stakeholders. Those results are now available, along with a summary developed by USCIS’s new Office of Performance and Quality.

Some have questioned the need for such a survey as there are those who feel that USCIS’s current policies do not need improvement. Clearly, this is not the official view of USCIS as can be evidenced by the following statement:

On April 15, 2010, U.S. Citizenship and Immigration Services (USCIS) launched the USCIS Policy Review, an unprecedented, top-to-bottom examination the agency’s adjudication and customer service policies with the engaged participation of the USCIS workforce and the public. USCIS issued a survey that asked any interested member of the public, as well as its own workforce, to help identify the issue areas that the agency should examine first. Nearly 5,600 stakeholders responded to the survey, representing current immigrant and non-immigrant visa holders, employers, immigration attorneys and advocates, among others, in addition to responses from approximately 2,400 members of the USCIS workforce. Those responses helped USCIS select the first 10 issue areas to address in the agency-wide review. USCIS is now convening working groups to review the first 10 issue areas.

The press release went further than merely providing information regarding this important policy review. In an effort to provide the public with relevant information, the United States Citizenship and Immigration Service (USCIS) also provided a “Q & A” component to the recent press release. The following are questions and answers arising in connection with USCIS’s policy review initiative:

Questions and Answers

Q. What is the USCIS Policy Review?

A. The USCIS Policy Review is a comprehensive review of policy, guidance, and procedures related to our adjudications and customer service. The Policy Review is divided into four stages: (1) assembling and categorizing existing policy documents; (2) deciding which issue areas to review first, with input from surveys of the workforce and external stakeholders; (3) completing a review of policies in each identified issue area; and (4) consolidating and publishing updated policy documents (as appropriate), once approved.

Q. How does the Policy Review advance major goals already established for USCIS and the Department of Homeland Security (DHS)?

A. In the 2010 Quadrennial Homeland Security Review (QHSR), DHS identified the effective administration of the immigration system as a key priority. In particular, the QHSR emphasized the importance of a system that produces fair, consistent and prompt decisions for the public it serves. The Policy Review is designed to ensure that USCIS meets that standard in its work.

Q. How does the Policy Review relate to USCIS’s responsibilities and authority under federal law?

A. By law, USCIS is charged with setting policies and priorities for the administration of immigration services. USCIS will be reviewing those policies in our current effort. If the Policy Review identifies the need for proposed regulatory changes, we will fully engage in the federal rulemaking process. The purpose of the Policy Review is not to develop proposed changes to the immigration statutes established by Congress.

Q. Will the Policy Review change USCIS policy?

A. In many cases, yes. Working groups will evaluate policy based on USCIS goals, legal requirements and stakeholder concerns. These working groups will draft updated policy documents and proceed through USCIS’s policy-approval process. If the Policy Review identifies the need for proposed regulatory changes, USCIS will fully engage in the federal rulemaking process.

Q. What happens to existing policies during the course of the Policy Review?

A. While the Policy Review is underway, all policies already in place remain in full force and will be honored. From time to time in the course of the agency’s operations, policy issues may arise that require immediate attention outside the course of the formal Policy Review. We will continue to give these issues immediate attention as the need arises.

Q: What prompted the Policy Review?

A. USCIS is committed to ensuring that our policies are consistent and up to date. To that end, the agency has launched the USCIS Policy Review to examine our policies with input from the public it serves and from its workforce.

Q. Has USCIS previously undertaken a comprehensive review of its policies?

A: No. The effort to undertake a top-to-bottom review of our adjudication and customer service policies is an unprecedented initiative for USCIS.

Q. How will USCIS seek the public’s input during the Policy Review?

A. In keeping with our commitments to customer service and transparency, USCIS will engage practitioners, advocates, businesses, applicants, and other interested stakeholders throughout the course of the Policy Review. The survey was the first opportunity for stakeholders to participate. As we review policies in specific issue areas, we will offer a number of further opportunities for the public to offer input. For example, in some issue areas, we will conduct public meetings to solicit stakeholders’ views on specific policy matters. In many cases, we will also published drafts of new or revised policy memoranda on our website for public comment, now a regular step in USCIS’s policy development process.

Q. What did the survey ask?

A. The survey asked any interested member of the public, as well as the USCIS workforce, to help identify the issue areas that the agency should examine first. The survey also included comment sections.

Q. How many people responded to the survey?

A. Nearly 5,600 external stakeholders responded to the survey, representing current immigrant and nonimmigrant visa holders, employers, immigration attorneys and advocates, among others. Nearly 2,400 members of the workforce from USCIS offices worldwide also participated in the survey.

Q. How has USCIS used the survey results?

A. The survey results helped USCIS identify which issue areas to address first in its agency-wide review. USCIS considered quantitative and qualitative feedback from the surveys along with operational and programmatic needs to develop the initial list of issue areas for review.

Q. In addition to the survey, what progress has USCIS made in the Policy Review?

A. USCIS has assembled thousands of existing policy documents and categorized them into issue areas. USICS is now convening internal working groups to begin examining and evaluating the policy documents in the first 10 issue areas.

Q. What is the expected length and scope of the Policy Review?

A. The Policy Review is a multi-year effort designed to work thoughtfully through thousands of policy documents, many of which overlap or complement each other, in collaboration with the USCIS workforce and external stakeholders. New policy documents, once drafted, will be submitted through the USCIS clearance process, with many posted on the USCIS website for public comment.

At the time of this writing, there have been relatively few changes in the law regarding US Family Visas. Although administrative and regulatory changes have had a significant impact upon processing of the US Marriage Visa and the US fiance visa. That said, the recent fee increase for Consular Processing of the K1 visa (fiance visa) and the administrative closure of K3 Visa applications by the National Visa Center were promulgated by the Department of State (DOS) as there has been little recent change in the fee structure and administration of USCIS’s adjudication of family based visa petitions.

This author is of the opinion that this unprecedented policy review should be welcomed as it may herald further improvements to the American Immigration system and provide immigrants and Americans with better overall service. One must applaud USCIS for taking the initiative and promoting positive change.

For related information from the perspective of Southeast Asia please see: K1 Visa Thailand.

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