Articles Posted in Family Visas

This Update is from AILA Rome Chapter, very important information for HIV infected immigrants and family members.

This Post will attempt to lend clarity to the dynamic process by which HIV infection is being removed as a ground of inadmissibility under INA 212(a)(1). Although the date for final removal of HIV infection from the list of communicable diseases of public health significance is just a few weeks away, DHS and DOS are at very different stages in their attempts to align their respective regulations to this welcome new reality.

On July 2, 2009, the Department of Health and Human Services (HHS) published a Notice of Proposed Rulemaking in the Federal Register, announcing its intent to remove HIV infection from its list of communicable diseases of public health significance and inviting public comment on the issue. The Final Rule implementing this change was published on November 2, 2009; following a 60-day waiting period, the rule will become effective on January 4, 2010.

As you may know, USCIS requires photographs and fingerprints for certain applications, this process is called Biometrics. Until the Biometrics step is complete, an applicant can not proceed with the rest of the application, get his work permit or be scheduled for his Naturalization interview if it a Citizenship Application.

In many cases, applicants can not make it to the assigned fingerprints/biometrics date assigned by USCIS. Failure to show up can be detrimental to the case in hand, and can result in case termination.

A recent update from the San Diego AILA chapter may be useful to readers of this Blog and is applicable in all 50 states.

We are all still shocked from the recent events in Ciudad Juarez. The story of the Couple slain by drug gang while heading home from birthday party is a scary precedent. For unknown reasons, a drug gang followed the family car through the streets and riddled it with bullets, authorities said. When it was over, 35-year-old Enriquez and Redelfs, who was 34, were dead. Enriquez was an employee at the busy US Consulate in Ciudad Juarez.

In light of the recent shootings of US Consulate officials in Ciudad Juarez Mexico, the Consulate in Ciudad Juarez will be closed for the next few days. The U.S. State Department has also updated its warning on travel to Mexico to say it had authorized the departure of dependents of U.S. government personnel from consulates in Ciudad Juarez and five other northern border cities.

The USCIS office at Ciudad Juarez has informed that the Teletech call center has been advised to reschedule all of today’s waiver appointments to March 26th, 2010, which was previously scheduled as an administrative day. The applicants will be notified by email or phone, or they may contact the call center at 1-800-919-1754 in the United States and 01-477-788-7070 in Mexico.

Important notice to our clients from Eritrea. Consular operations, including visa services, at the U.S. Embassy in Eritrea have been suspended until further notice. According to Embassy Asmara, the closure is in response to the Government of Eritrea’s flagrant violations of the Vienna Convention on Diplomatic Relations. These violations include failing to notify U.S. consular staff of the arrest of American citizens, hindering the travel of Embassy officials to visit American citizens in distress, and interfering with the delivery of the U.S. Embassy’s diplomatic pouches. The Consular Section will continue to provide emergency services to U.S. citizens.

Information courtesy of the Rome District Chapter (RDC) of AILA.

Here are some important changes to the K visa process, effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions: The nonimmigrant K visa will be administratively closed.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality. If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send your petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if your marriage took place in Iran where the U.S. does not have an embassy your petition would be sent to Turkey.

Can you guess how many illegal immigrants reside in the US at this time? DHS released a report estimating that the unauthorized immigrant population living in the U.S. decreased to 10.8 million in January 2009 and grew by 27 percent between 2000 and 2009.

Between 2000 and 2009, the unauthorized population grew by 27 percent. Of all unauthorized immigrants living in the United States in 2009, 63 percent entered before 2000, and 62 percent were from Mexico. The number of unauthorized residents declined by 1.0 million between 2007 and 2009, coincident with the U.S. economic downturn. The overall annual average increase in the unauthorized population during the 2000-2009 period was 250,000.

In 2009, 61 percent of unauthorized immigrants were ages 25 to 44 years, and 58 percent were male (see Figure 3 and Table 5). Males accounted for 62 percent of the unauthorized population in the 18 to 34 age group in 2009 while females accounted for 52 percent of the 45 and older age groups.

A client found out the hard way about aggressive debt collectors making harassing phone calls and using abusive language. They would call sometimes three or four times a day. The client bought a fridge on credit and stopped paying when she lost her job. Collection agents said she owed $4,500 and threatened to seize her furniture and car and “send immigration to the house.” They contacted her neighbors and boss about her debt, all in violation of the law.

Attorney Sergei Lemberg, a recognized expert on Fair Debt Collection Practices has written an excellent article on this issue and we are featuring this article below. For more information click here: Fair Debt Collection Practices Act

In today’s economy, it’s all too easy to get behind in paying your bills. For many people, simply juggling living expenses involves racking up more debt. To make matters worse, people with the best of intentions get crushed under the burden of mountains of debt, and then are subjected to calls, letters, and harassment by bill collectors. In these stressful times, it’s more important than ever to understand bill collectors and your rights.

Recently USCIS issued a fact sheet on humanitarian parole that includes questions and answers and guidelines on filing.

U.S. Citizenship and Immigration Services (USCIS) provides a number of humanitarian programs and types of protection for individuals in need of shelter and/or aid from disasters, oppression, emergency medical issues and other urgent conditions. Humanitarian parole is one such program.

Humanitarian parole enables an otherwise inadmissible individual to enter the U.S. temporarily

The Department of Homeland Security now offer Haitian nationals, who were already here when the earthquake struck, Temporary Protected Status (TPS) for 18 months. That status, which would allow them to legally work, will not cover Haitians who leave their country following the devastating quake that resulted in as many as 150,000 deaths. Many Haitians flee the country, thinking they will be accepted in the US at any time and given a right to stay and work. TPS is not a right to enter, rather a relief for those illegals that are already here.

What is TPS?

Congress established a provision for short-term protection known as Temporary Protected Status (TPS). The provision sets forth criteria for the extension of temporary protection to people from certain countries experiencing political or environmental upheaval. For decades, during periods of civil strife, economic upheaval, or natural disaster, the Attorney General–in consultation with other agencies–exercised his or her discretion not to force nationals of countries experiencing these calamities to leave the United States. Individuals who were in the country illegally could present themselves and receive work authorization; those in proceedings had their cases put on hold; while those who already had orders of removal were not returned until the situation had stabilized. The relief was extra-statutory and was called “extended voluntary departure.”