USA Green Card Immigration Blog

Immigration Reform Dead in 2010? – The Gaggle Blog – Newsweek.com.

This is an important article/blog post to read by Arian Campo-Flores.

The author claims that with the election of Republican Scott Brown in the Massachusetts special election, the odds of getting immigration reform passed in 2010 have diminished significantly.  President Obama only mentioned the issue once–briefly–during his last State of the Union speech in January 2010–without saying anything more other than we need to continue “fixing our broken immigration system.”  With the American public still more interested what Congress plans to do about jobs and the economy, and with the continuing intransigence of lawmakers in trying to get health reform passed, immigration as a priority for Obama and Congress has fallen way down on the list.  If the economy improves, a more realistic expectation is to possibly see some kind of effort materialize in the 2011 session.

For those who cannot wait until 2011 for immigration reform, you might qualify to participate in the annual US visa lottery.  Requirements are strict and only a lucky few get their visa by this method.  But, you can’t win if you don’t play.  It’s worth checking out here.

The U. S. Citizenship and Immigration Services (USCIS) announced that the Advance Parole Documents (Form I-512) will be reissued to the applicants who have received the forms with an incorrect issue date of January 5, 1990. The USCIS has identified all the incorrect documents. All the individuals who received an incorrect document will automatically be reissued with correct documents.The applicants with pending applications need not worry or call the USCIS as the documents with correct expiration date will remain accurate. If the applications have not been processed within the normal processing time of 90 days, then the applicants can contact the USCIS for the processing of their pending applications.

Travel documents are important for non-USA citizens, giving them the permission to return to USA after travelling abroad. Advance parole documents give the foreign nationals permission to enter the U.S. even if they do not have a valid immigrant visa. The Advance Parole Documents must be approved before you make travel plans to allow you to re-enter U.S.A. Advance Parole documents should be obtained before you travel if you are on an adjustment of status application, waiting to receive a decision from U.S. Citizenship and Immigration Services; holding refugee’s or asylee’s status departing temporarily to apply for a US visa; or having a valid reason to travel abroad temporarily. You need to fill Form I-131 in order to receive the Advance Parole Documents and Form I-512 for the renewal of Advance Parole documents.

If the applicants need to travel urgently, the Advance Parole Documents with the incorrect issue date can be used to travel. The applicants will be enquired by the U. S. Customs and Border Protection (CBP), so it is safer to print the re-issue information to communicate with them.

U.S. Citizenship and Immigration Services and Los Angeles have announced the immigration integration partnership program. This partnership program used citizenship awareness, education, and outreach to strengthen the immigration integration efforts. This partnership program had a free citizenship information session and naturalization workshop scheduled on January 30, 2010 at Felicitas and Gonzalo Mendez learning center in Northeast Los Angeles. The Los Angeles District Director, Jane Arellano was available for the interaction and question and answer sessions.

The director of U. S. Citizenship and Immigration Services Alejandro Mayorkas commented that citizenship is a key to create opportunities, strengthen communities and allow immigrants to become legal members of the nation. He also added that it was an honor to partner with the Los Angeles Mayor Antonio Villaraigosa in serving the public to help them receive their citizenships.

The Los Angeles residents attended a series of well-planned citizenship information sessions and other activities. The activities included broadcasting of USCIS educational materials with respect to U.S. citizenship and immigration process at facilities in the city. This program was targeted to create awareness among capable residents about citizenship rights, responsibilities, and the naturalization process.

Los Angeles is the second largest city with a diverse population with immigrants who come from140 countries and speak 224 languages. Mayor Villaraigosa stated that the city of Los Angeles will open the economical opportunities to diligent immigrants and their families. This immigration integration partnership with U. S. Citizenship and Immigration Services is to educate and encourage the Angelenos to become American citizens. As the first city to enter into this partnership with USCIS, Los Angeles decided to work hard to strengthen the local immigration integration process. This immigration integration partnership program will be in effect for two years and the USCIS will continue to assess the efficacy of the program to replicate the same in other locations.

The Department of Homeland Security’s U.S. Customs and Border Protection have reminded travellers to the U.S. who fall under the Visa Waiver Program (VWP) countries to complete the electronic travel authorization. This reminder has been issued with regards to one-year anniversary of the implementation of the Electronic System for Travel Authorization (ESTA).

The reminder stated that as of January 20, a 60-day transition will be enforced by CBP on ESTA compliance for air carriers. Boarding a U.S. bound plane might not be allowed for VWP travellers without an approved ESTA.

All citizens of the Visa Waiver Program countries are required to obtain electronic travel authorization, if they want to travel by air or water to the United States. All nationals of VWP countries travelling to U.S must have the electronic travel authorization mandatorily as of January 12, 2009. U.S. citizens returning from overseas and citizens of VWP countries travelling on a valid U.S. visa are not required to follow the ESTA reminder.

Citizens of Visa Waiver Program must submit ESTA applications any time prior to travel. The approved ESTA will be valid for two years or until the applicant’s passport expires or whichever comes first. This authorization can be used for multiple entries into the U.S. The Department of Homeland Security urges that the ESTA applications are best submitted as soon as the travel plans are made by the applicant.

The Visa Waiver Program travellers can complete an online application by logging onto the ESTA website. The online application is similar to a paper I-94W form. The applicant just has to answer basic biographic and eligibility questions. The paper I-94W form will be completely replaced by ESTA in the coming months. A VWP traveller can send a third party, such as a relative, a friend, or a travel agent if he cannot submit an application by himself.

The U.S. Citizenship and Immigration Services have announced two specialized categories for screening Haitian children authorized by the Department of Homeland Security Secretary Napolitano after the Haitian earthquake. These two categories is applicable to those Haitian children who were adopted or in the process by American families before Jan12, 2010.

The first category applies to children who have been legally confirmed as orphans and termed eligible for inter country adoption by the Government of Haiti (GOH.) The second category applies to children who can be matched to American prospective adoptive parents and have been previously identified through an Adoption Service Provider (ASP) or an inter country adoption facilitator. Each category has a list of eligibility requirements.

Eligible children for this program are required to be taken for orphan screening. The U.S. Citizenship and Immigration Services has given a set of instructions to adoptive parent in the United States, adoptive parents in Haiti with adoptive child, and orphanage directors or other individuals caring for orphan children. As per the instructions, it is essential that an appointment for orphan screening is requested. Adoptive parent in the United States are required to send an email with the appointment request as the subject line.

The body of the email should have the child’s full name, child’s date of birth, where the child is living, and any vulnerability regarding the child. It is better to have the adoption document, identity document, and current photos of the child during orphan screening. Groups of children in an orphanage can be brought together for the orphan screening. It is advised to take an appointment earlier so that all the children in one orphanage can be screened at the same time.

For a kid in an orphanage, the appointment request email’s subject line should be orphanage seeking appointment. The body of the email should have details about all the children and details about prospective parents. For an adoptive parent in Haiti with adoptive child, the subject line of the appointment request email, should state urgent-adoptive parent in Haiti. The body of the email must contain the parent’s name and the address in addition to the child’s details.

Revisions to the Form I-601, application for Waiver of Ground of Inadmissibility, have been announced by the U.S. Citizenship and Immigration Services (USCIS). As per the revisions made to the application for Waiver of Ground of Inadmissibility, from January 4, 2010, individuals infected with Human Immunodeficiency Virus (HIV) are admissible to the United States and they also don’t have to file the Form I-601 due to HIV infection.

In the new version, USCIS has also declared the revised filing instructions and addresses that are to be followed by the individuals filing Form I-601. The basic idea behind all the efforts taken to change the filling location is to shift the intake of benefit forms from USCIS local offices and Service Centres to USCIS Lockbox facilities. USCIS aims at providing customers with more proficient and effectual initial processing of applications and fees by centralizing form and fee intake to a Lockbox environment.

The filing location changes for applicants located in the United States have been put into effect from 1/27/2010. For instance, the USCIS Vermont Service Center takes in applications from people who have an approved Form I-360 in several categories, such as a self-petitioning spouse, a legal permanent resident, or T nonimmigrant’s trying to adjust their status.

On the other hand, applicants from outside United States as usual can file their forms for Waiver of Ground of Inadmissibility with the with the U.S. Embassy or consulate where they are applying for a visa.

Applicants filing for Form I-601 at a Lockbox facility can also opt to receive an email or a text regarding USCIS acceptance of their application. For this the applicant only needs to attach an E-Notification of Application to the first page of the application.

USCIS offices plan to forward the incorrectly filed Form I-601 applications to the Lockbox facilities, where they will be retained till 2/27/2010, before being sent back to the applicant.

On January 15, 2010, Janet Napolitano, Secretary of Department of Homeland Security (DHS) publicized a rule of DHS’s longstanding policy. This policy was announced to honor the men and women who are bravely serving in the armed forces of the United States. In addition, the DHS also considered the importance of updating and reforming the citizenship process of the members.

The secretary stated that the strong base of the national security was built by the patriotic service and unselfish sacrifices of the men and women of the armed forces. Speeding up the citizenship process will definitely show the country’s dedication and tribute to the new citizens (men and women of armed forces) who have come from various parts of the globe to serve the country.

In order to receive naturalization through military service, the time requirement was reduced from three years to one year for the applicants who served in time of peace. This rule was recompensed with DHS regulations and conformed to the National Defense Authorization Act, 2004. On the other hand, the Reserve of the Ready Reserve of the U.S. Armed Forces can have extended benefits. According to the rule, selected members who served in active-duty status or in the Selected Reserve of the Ready Reserve for any time from September 11, 2001, can apply for citizenship.

The members of the military need not file biographic information forms (Form G-325B) along with their naturalization applications. It helps in removing administrative repetitions and to increase efficiency for the workers who lost their lives in order to safeguard the nation.

Receiving naturalization is becoming a citizen of the country, DHS has a procedure and provides different forms (eg. N-600K, N-400K etc.) to receive naturalization for different age group. The Department of Homeland Security helps you in U. S. immigration and citizenship process required for members of the military and their families.

The earthquake in Haiti recently was called “a disaster of historic proportions”. Until now Haiti had not been given temporary protected status. But the earthquake changed it all. The Department of Homeland Security has recently announced the designation of Temporary Protected Status (TPS) for Haitian nationals who were in the United States as of January 12, 2010. TPS provides temporary immigration status for a specific amount of time to people of a particular nation impacted by extreme events such as wars, earthquakes or hurricanes. Haitian immigrants will be highly benefited from this move as they can stay in U.S. and work here until situations in their country improve.

Haitian communities and immigrant right groups across the USA are finding out more about the program and are encouraging many people to apply. For Haiti, the temporary protected status registration period is open from January 21, 2010 until July 20, 2010. To qualify for TPS you have to be a national of Haiti, resided in U.S. since Jan 12 2010, complete TPS application procedures and have no criminal record. All TPS applicants must file form I-765. If you do not want employment authorization, you will not have to pay a filing fee for Form I-765. The TPS status has been granted for a period of 18 months until Haiti gets back on its feet.

The Department of Homeland Security is supporting Haiti’s recovery by providing temporary refuge to Haitian nationals who are currently in the U.S. If the TPS is not provided the personal safety of Haitian nationals would be endangered by returning to Haiti.

Department of Homeland Security secretary Janet Napolitano has estimated that there are 100,000 to 200,000 Haitian nationals currently in USA illegally. Temporary protected status gives the Haitian immigrants a temporary immigration status. So Haitians living in U.S. can start applying for TPS and get a chance to remain in U.S. and get work permits to work legally. The money they send back home will be highly useful to Haitians who are suffering to rebuild their country.

The U.S. Citizenship and Immigration Services (USCIS) based on the Department of Homeland Security (DHS) regulations have decided to approve H-2A and H-2B non-immigrant status petitions only for the nationals of certain countries specified by the Secretary of Homeland Security in a notice published in the Federal Register.

Secretary of Homeland Security along with the Secretary of State in the notice published in the Federal Register had considered around nationals of 39 countries as eligible to participate in the H–2A and H–2B visa programs in the coming year. Of the 39 countries whose nationals were termed eligible for H-2A and H-2B programs, only 28 countries were given the initial designation. The remaining 11 countries were added to the list only after taking into account certain conditions.

39 countries eligible for these non-immigrant visa programs include: Argentina, Australia, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Ethiopia, Guatemala, Honduras, Indonesia, Ireland, Israel, Jamaica, Japan, Lithuania, Mexico, Moldova, The Netherlands, Nicaragua, New Zealand, Norway, Peru, Philippines, Poland, Romania, Serbia, Slovakia, South Africa, South Korea, Turkey, Ukraine, United Kingdom, and Uruguay.

Among the above countries, the 11 countries that are considered for the first time to participate in the H-2A and H-2B visa programs are Croatia, Ecuador, Ethiopia, Ireland, Lithuania, The Netherlands, Nicaragua, Norway, Serbia, Slovakia, and Uruguay.

The 28 countries out of the 39 that were approved earlier for participating in the H-2A and H-2B visa programs were already designated in the December 18 and 19, 2008 notices. They remain designated even this year as they continue to meet the standards identified in the notices issued earlier.

The notice including the 39 countries nationals has been made active since January 18, 2010 and will continue to be so till the end of one year after January 18, 2010. Also individuals who already hold H-2A and H-2B non-immigrant status will in no way be affected by the notice issued.

The Federation for American Immigration Reform (FAIR): FAIR Legislative Update February 1, 2010.

President Obama disappointed many amnesty advocates last week with only a passing mention of immigration during his State of the Union speech. This reference, consisting of just 38 words near the end of the more than hour-long speech, was noticeably ambiguous:  “And we should continue the work of fixing our broken immigration system to secure our borders and enforce our laws and ensure that everyone who plays by the rules can contribute to our economy and enrich our nation.”  (CNN, January 29, 2010).  Absent was any mention of “comprehensive” immigration reform, a path to citizenship, or even legalization.  This passing reference to immigration reform has amnesty proponents questioning whether President Obama truly intends to push for such legislation as part of the agenda he laid out for his second year.

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