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Stephen Colbert Opening Statement

Immigration Resource — Sun, 26 Sep 2010 18:45:21 +0000

Stephen Colbert gives his opening statement during a hearing of the Subcommittee on Immigration, Citizenship and Border Security (from C-SPAN 9/24/10 coverage)

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Visas to the United States, and Obama Administration Continuing its Efforts to Increase Travel and Tourism in the United States
U.S. Consulates in China are Opening on Saturdays for Several Weeks!
Green Cards: Improving Processing Time & Immigration Strategies
USCIS Immigration Policy Changes for P-1 Entertainer of Internationally Recognized Entertainment Group
Immigrate to the U.S. via Green Card Lottery (DV Lottery): Diversity Immigrant Visa (DV) Program
New USCIS Policy in Adjudicating Extraordinary Ability, Exceptional Ability, National Interest Waiver, and Outstanding Professors or Researchers Green Card Cases
Haiti TPS Registration Extended Till January 18, 2011 (Can Apply for EAD & Advance Parole; Based on Separate Immigration Eligibility/Application, Approved TPS Beneficiary May Apply for Nonimmigrant Status or Green Card)
H-1B Cap Petitions: Cap-Gap F-1 Status or F-1 Work Authorization is Valid Till September 30, 2018

Obama Immigration Reform

Immigration Resource — Sun, 26 Sep 2010 18:43:33 +0000

At American University today, President Obama outlines a road map for immigration reform that includes holding businesses, illegal immigrants responsible and fixing the broken legal immigration system

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Considering Filing H-1B or L-1? Additional Fee Applies to Certain New or Change of Employer Petition (Effective August 14, 2010)

Immigration Resource — Fri, 20 Aug 2010 10:41:00 +0000

Effective August 14, 2010, there will be an additional fee for filing certain H-1B or L petitions; $2000 for H-1B and $2250 for L-1. This new fee, where applicable, is in addition to the existing government immigration fees applicable to H-1B and L-1 work visas. This new fee will remain effective until September 30, 2014.

This additional fee requirement applies to new petitions and petitions to change employer filed by petitioners or employers that employ 50 or more employees in the United States, with more than 50 percent of its employees in the United States in H-1B or L (including L-1A, L-1B and L-2) nonimmigrant status.

H-1B is a temporary work visa for foreign nationals to work in occupations requiring at least the relevant Bachelor’s degrees, or equivalent.

L-1 is a temporary work visa for a U.S. company to transfer certain foreign national employees from one of its affiliated foreign offices to one of its existing or newly established offices in the United States. L-1 temporary work visa applies to foreign national employees who will be transferred to the U.S. as an executive or manager, or a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent companies, individuals and families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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ICE: Prison Terms for Employers/Conspirators for Harboring, Transporting and Employing Illegal Aliens

Immigration Resource — Fri, 23 Jul 2010 11:40:00 +0000

5 residents pled guilty, on July 16, 2010, to knowingly harboring, transporting and employing illegal aliens, as a result of an investigation by U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) agents (such as special agents).

ICE’s, an investigation agency of the U.S. Department of Homeland Security (DHS), functions are to protect national security, public safety and the integrity of the U.S. borders by enforcing criminal and civil federal laws governing border control, customs, trade and immigration.

The defendants transported and paid cash to these illegal foreign nationals for employment at various work sites, and used various properties to harbor and conceal them, to gain competitive economic advantage over their competition in the chicken industry. The defendants were sentenced to at least 12 to 30 months in prison, with supervised release thereafter, and forfeiture of properties totaling over $1.87 million.

It is important to be proactive in legal compliance:
1. Employers or their personnel should comply with various laws such as immigration, employment and tax law when hiring personnel in the U.S.
2. Before immigration crisis such as investigations, arrests, detention or removal/deportation, families living with or having relatives without legal immigration status in the U.S. should seek professional legal immigration help to legalize their immigration status within legal and ethical boundaries.

For further information, please visit ICE News Release at http://www.ice.gov/pi/nr/1007/100720fortsmith.htm .

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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Haiti TPS Registration Extended Till January 18, 2011 (Can Apply for EAD & Advance Parole; Based on Separate Immigration Eligibility/Application, Approved TPS Beneficiary May Apply for Nonimmigrant Status or Green Card)

Immigration Resource — Wed, 14 Jul 2010 17:39:00 +0000

On July 12, 2010, the U.S. Citizenship and Immigration Services (USCIS) announced that the registration period for Temporary Protection Status (TPS) for eligible foreign nationals from Haiti has been extended from July 20, 2010 until January 18, 2011; allowing Haitians up to January 18, 2011 to apply for registration of TPS.

Eligible Haitian applicants must have been continuously present in the U.S. since January 12, 2010 to apply for TPS, and must submit their TPS registration by or before January 18, 2011.

Applicants may also apply for Employment Authorization Document (EAD) with their TPS applications. Filing fees apply but may be waived at the discretion of the USCIS on a case-by-case basis, upon reviewing the circumstances of the fee waiver request for each case.

Qualify TPS beneficiaries may apply for green card, other nonimmigrant or visa status, based on other non-TPS immigration sponsorships/applications. Some may require separate waiver applications when applying for immigration benefits. For those who have advance parole documents to travel internationally, they must have their immigration thoroughly reviewed before they embark on any international travels.

All TPS beneficiaries/applicants should have their immigration history status thoroughly reviewed as they may need separate waiver applications; or may be eligible for green card or other visa benefits.

For further information on I-601 waiver applications/cases, please also read our articles on “Permanent or long-term residency in the U.S. does not mean “permanent”, even for those with U.S. citizen spouse/child(ren), I-131 advance parole/re-entry permit, and/or green card!” at http://tiyalaw.blogspot.com/2010/04/permanent-or-long-term-residency-in-us.html and “I-601 Waivers: Improvement in Standards for Extreme Hardships, Concurrent Filings With I-130 Alien Relative Immigrant Petition, Adjudication, Processing Time Are Coming Soon!” at
https://immigrationresource.net/united-states-of-america/us-visas/i-601-waivers-improvement-in-standards-for-extreme-hardships-concurrent-filings-with-i-130-alien-relative-immigrant-petition-adjudication-processing-time-are-coming-soon/

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net
We represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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TPS for El Salvadorians Until March 9, 2012

Immigration Resource — Tue, 13 Jul 2010 15:57:00 +0000

On July 12, 2010, the U.S. Citizenship and Immigration Services (USCIS) announced that the U.S. Department of Homeland Security (DHS) will extend the temporary protection status (TPS) for another 18 months for eligible El Salvador nationals, from the current expiration date of September 9, 2010 to the new expiration date of March 9, 2012.

To qualify, eligible applicants must submit their TPS applications to the USCIS between July 9, 2010 and September 7, 2010. The applicants must apply within this time frame to avoid immigration complications. Applications outside this time frame may be possible depending on the circumstances of each case.

For existing TPS beneficiaries seeking re-registration of their TPS, the USCIS will automatically extend existing employment authorization documents (EAD) held by TPS beneficiaries for 6 months, until March 9, 2011 but they must still apply for their re-registration of TPS between July 9, 2010 and September 7, 2010. For those seeking to extend their EAD, they must also submit their applications to extend their EAD.
For eligibility, the applicants must meet the following criteria including, but are not limited to:

1. Applicants must be a national of, or for those without a nationality, last habitually resided in El Salvador;
2. Applicants must have been continuously resided in the United States since February 13, 2001; and
3. Applicants must have been continuously present, physically, in the United States, since March 9, 2001.

Late applicants or late registrants may apply for this TPS benefits if they could demonstrate that in 2001, the applicants were in valid nonimmigrant status or had other form of immigration relief(s) such as:
1. Voluntary departure;
2. Relief from removal;
3. Parolee or pending re-parole application;
4. Being a spouse or child of a foreign national currently eligibly to be a TPS registrant; OR
5. Have pending application for one of the following:
(a) Adjustment of status
(b) Change of status
(c) Asylum
(d) Voluntary departure
(e) Removal, including those under review or appeal

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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ICE Immigration Enforcement & Compliance with U.S. Immigration Law

Immigration Resource — Wed, 30 Jun 2010 15:39:00 +0000

The U.S. Immigration and Customs Enforcement (ICE), a department within the U.S. Department of Homeland Security, is responsible for a broad-range of civil enforcement of U.S. immigration law such as the apprehension, detention and/or removal of non-U.S. citizens or foreign nationals. Given its finite resources, scope of enforcement actions, and the enormous immigration or administrative violations in the U.S., ICE only has resources to remove approximately 400,000 non-U.S.-citizens each year (which is less than 4% of the estimated foreign nationals illegally present in the U.S.), and must prioritize its enforcement actions.ICE’s priority is to secure the U.S. national border, and to safeguard the U.S. national security and public safety. For this reason, ICE has reiterated its priorities in civil immigration enforcement in the following categories of foreign nationals or non-citizens:1. Priority 1 will be placed on foreign nationals or non-citizens who pose a danger to national security or risk to public safety. These foreign nationals include, but are not limited to, those suspected of terrorism/espionage and involved in certain crimes.2. Priority 2 will be placed on foreign nationals who committed recent violations of illegal entries (attempted entries or otherwise).3. Priority 3 will be placed on immigration fugitive foreign nationals or those obstructing U.S. immigration law. These foreign nationals include, but are not limited to, those who are involved in certain crimes, ordered removed/failed to depart the U.S., re-entered illegally upon removal, obtained (or attempted to obtain) immigration benefits by fraud.It is extremely important for foreign nationals traveling to or for those already in the U.S. to adhere to and comply with the complex U.S. immigration law to avoid serious immigration complications. This applies to U.S. lawful permanent residents (LPR) as well as compliance with other U.S. laws. Some of the general matters to consider include, but are not limited to, not overstaying the period of authorized stay (such as the expiration date as endorsed on the I-94 departure/arrival record for non-LPR); not accepting employment in the U.S. without first seeking proper immigration authorization; not perpetrating, committing or attempting to commit visa or immigration fraud; not committing or attempting to violate U.S. criminal law.By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.netWe represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.All Rights Reserved.This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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U.S. Consulates in China are Opening on Saturdays for Several Weeks!

Immigration Resource — Wed, 23 Jun 2010 07:25:00 +0000

Business and tourism between China and the United States have grown dramatically (especially in 2010) and they are expected to continue growing, over the years. As a result, the U.S. consulates across China have also seen a corresponding rise in visa applicants and wait times for visa appointments. In 2009, 66% of the visas issued by the U.S. consulates in China were for business and tourism to the United States.

In their efforts to meet the extraordinary growth in visa demands, the U.S. consulates in China are actively expanding their staffing and enhancing their technological systems, as well as working over the holidays. For example, over the next few weeks, through the “Super Saturday Visa Program”, the U.S. Embassy in Beijing, and four U.S. consulates in China, will be opening on Saturdays for the increased Chinese applicants seeking visas to travel to the United States.

IIt is extremely important for foreign nationals traveling to or for those already in the U.S. to adhere to and comply with the complex U.S. immigration law to avoid serious immigration complications. This applies to U.S. lawful permanent residents (LPR) as well. Some of the general matters to consider include, but are not limited to, not overstaying the period of authorized stay (such as the expiration date as endorsed on the I-94 departure/arrival record for non-LPR); not accepting employment in the U.S. without first seeking proper immigration authorization; not perpetrating, committing or attempting to commit visa or immigration fraud.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

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Improvements in I-601 Waivers May Be Soon: Standards for Extreme Hardships, Concurrent Filings With I-130 Alien Relative Immigrant Petition, Adjudication, Processing Time!

Immigration Resource — Tue, 15 Jun 2010 14:57:00 +0000

On June 10, 2010, the U.S. Citizenship and Immigration Services (USCIS) Ombudsman has made formal recommendations to the USCIS to enhance its efficiency in processing applications for I-601 waivers of inadmissibility. USCIS Ombudsman is an independent agency of the Homeland Security to assist individuals and employers in resolving, and identifying areas of, problems with the USCIS; and it also proposes changes to USCIS to mitigate identified problems. The USCIS Ombudsman reports directly to the Homeland Security.

Foreign nationals or non-U.S. citizens (including green card holders) with certain histories may need I-601 waivers to be allowed to enter, remain or return to the U.S. These certain histories include, but are not limited to: (a) the commission of certain crime, or even possible commission of misrepresentation/fraud to obtain or attempt to obtain immigration benefits in or to the U.S.; (b) certain medical conditions; (c) certain period(s) of illegal presence in the U.S.; (d) abandonment (intentional/unintentional); and/or (e) certain removal/deportation experience with the U.S. immigration law.

For example, many non-U.S.-citizens and their U.S. citizen families, often times, encountered harrowing experiences when they learned, for the first time, that the non-U.S.-citizen family members are prohibited for a proscribed period (such as 3 years, 5 years, or 10 years) from entering or re-entering the U.S.; or are being removed/deported, or charged with removal/deportation, from the U.S. To the surprise of many, this may be so even if the non-U.S.-citizen has U.S. citizen spouse/child(ren), grew up in the U.S., and/or even has a green card.

For foreign nationals or non-U.S.-citizens who are already stranded abroad as a result of the time bar, the process and wait-time for applying for a waiver, such as an I-601 extreme hardship waiver (I-601 waiver), are complex, lengthy and extremely stressful to both the non-citizens, and their aggrieved family members in the U.S. This is because the adjudication and grant of a waiver such as an I-601 waiver are inherently highly discretionary; immigration regulations have not defined the criteria of “extreme hardship” for I-601 waiver, and therefore, there are inconsistencies and lack of uniformity on the standards that would sufficiently constitute “extreme hardships” as well as the best materials to provide; and the wait-time for an I-601 waiver immigration adjudication office varies widely, from 6 months to 1 year. Certain adjudication offices can take several years to adjudicate an I-601 waiver while an extremely small number of adjudication offices may only take several days to several weeks.

As a result, family separation is often lengthy and uncertain, and for the unfortunate ones, permanent.

In addition, foreign nationals who are still in the U.S., and aware of their need for I-601 waiver applications, are often times deterred from utilizing the I-601 process by going abroad, where required and depending on the circumstances, to seek the I-601 waiver remedy due to the highly uncertain outcome of the I-601 adjudication process or its excessive wait time. These foreign nationals are faced with the choices of either sacrificing the opportunity in remedying/improving their immigration status/compliance so that they could stay close to their family members in the U.S., or embarking on a risky journey of I-601 process which may result in long-term separation from their families in the U.S.

The USCIS Ombudsman has made several important recommendations to the USCIS Director to change, improve or enhance its adjudication and handling of applications for I-601 waivers such as:

1. Implementing an avenue for concurrently filing of I-130 Petition for Alien Relatives together with the I-601 waiver applications. Currently, where an I-130 petition is required, a foreign national must wait for the I-130 petition to be adjudicated before filing an I-601 waiver application, where required, thereby, unnecessarily increases the wait time for foreign nationals and their U.S. families.

2. Centralizing the USCIS processing of all I-601 waiver applications to achieve faster and more standardized adjudication.

3. Developing a centralized case management system to allow for accurate and centralized tracking of processing time and individual case status. Currently, the case status for an I-601 waiver application, filed at the U.S. Consulate, cannot be tracked using the USCIS online case status, unlike other immigration cases. (USCIS online case status service is available for I-601 waiver cases that are eligible for filing and are filed within the U.S.)

4. Providing clear filing instructions and guidelines to customers on the procedures for a request for expedited processing of an I-601 waiver application. At present, there are no instructions on what must be submitted for such a request for expedited processing.

5. Improving the interactions and coordination between the U.S. Department of State (DOS) and the USCIS to allow expeditious handling of I-601 waiver cases, for I-601 waivers filed at the U.S. Consulate.

6. Establishing a policy on advance file gatherings to allow the I-601 adjudication offices to expeditiously review and adjudicate I-601 waiver cases.

For further information on I-601 waiver applications/cases, please also read our article on “Permanent or long-term residency in the U.S. does not mean “permanent”, even for those with U.S. citizen spouse/child(ren), I-131 advance parole/re-entry permit, and/or green card!” at http://tiyalaw.blogspot.com/2010/04/permanent-or-long-term-residency-in-us.html

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.