Archive for the ‘Reform/New Laws’ Category

Electronic Filing Required at the following Consular Posts

Friday, August 27th, 2010

The United States is now requiring electronic processing of cases at the following consulates:

  1. Ashgabat, Turkmenistan
  2. Ciudad Juarez, Mexico (if the case number starts with MEP)

These consulates allow the option of Electronic Case processing:

  1. Guangzhou, People’s Republic of China
  2. Montreal, Canada

The cases which are being electronically processed are:

  • CR1 Conditional Spouse of United States Citizen
  • CR2 Conditional Child of United States Citizen
  • IR1 Spouse of United States Citizen
  • IR2 Child of United States Citizen

Please do not send original documents to NVC if you are using electronic case processing, the original documents will have to be hand carried to the consulate and the NVC will not return original documents.

Below are links to the individual programs.


Congress Passes Emergency Border Security Bill

Thursday, August 12th, 2010

The Border Security Emergency Supplemental Appropriations Act of 2010 (H.R. 5875) was passed by the House on 7/28/10 and then amended and passed by the Senate on 8/5/10.

On 8/9/10, the bill had to be introduced in the House again with a new bill number (H.R. 6080) because revenue generating measures must originate in the House of Representatives.

H.R. 6080, which is identical to the version of H.R. 5875 which passed in the Senate on 8/5/10, was passed in House on a voice vote on 8/10/10.

On 8/12/10, the Senate passed H.R. 6080 by unanimous consent. The bill is now headed to President Obama’s desk, where he is expected to sign it into law.

Immigration Bills introduced in June & July

Wednesday, August 11th, 2010

The following immigration-related bills were introduced into the House of Representatives and the Senate in June and July:

H.R.5528

Introduced by Rep. Carney (D-PA) on 06/15/10
Summary: Authorizes appropriations for enhancing the integrity of the United States against the threat of terrorism. Requires such funds to be used by the Secretary of Homeland Security (DHS) to reimburse a state or political subdivision for expenses incurred when law enforcement officers or employees of such state or subdivision receive training to perform border security and immigration enforcement functions.

H.R.5595

Introduced by Rep. Ellison (D-MN) on 06/24/10
Summary: To amend section 214(b) of the Immigration and Nationality Act to create, for an alien seeking to enter the United States as a nonimmigrant to care for a relative with a serious health condition, an exemption from the presumption that the alien is an immigrant.

S.3593

Introduced by Sen. Johanns (R-NE) on 07/15/10
Summary: A bill to require the Federal Government to pay the costs incurred by a State or local government in defending a State or local immigration law that survives a constitutional challenge by the Federal Government in Federal court.

H.R.5774

Introduced by Rep. Moran (R-KS) on 07/19/10
Summary: To require the Federal Government to pay the costs incurred by a State or local government in defending a State or local immigration law that survives a constitutional challenge by the Federal Government in Federal court.

Sanctuary City Prevention Act of 2010 (H.R.5840)

Introduced by Rep. Hunter (R-CA) on 07/22/10
Summary: Prohibits the Attorney General from expending funds in any lawsuit that seeks to invalidate those provisions of the Arizona Revised Statutes that were amended by Arizona Senate Bill 1070, as amended by Arizona House Bill 2162, until the Attorney General reports to Congress with a plan to enforce the immigration laws in any state or subdivision that has in effect any law, policy, or procedure contravening specified provisions of the Illegal Immigrant Reform and Immigrant Responsibility Act of 1996 that prohibit federal, state, or local government entities or officials, or persons or agencies from restricting certain immigration status-related communications with immigration or law enforcement personnel.

H.R.6018

Introduced by Rep. Castle (R-DE) on 07/30/10
Summary: To amend the Immigration and Nationality Act with respect to a country that denies or unreasonably delays accepting the country's nationals upon the request of the Secretary of Homeland Security.

Extension of TPS for Haitians

Monday, July 12th, 2010

Advance Copy of USCIS Notice: Extension of the Initial Registration Period for Haitians Under the Temporary Protected Status Program
“On January 21, 2010, the Secretary of the Department of Homeland Security designated Haiti under the Temporary Protected Status (TPS) program for a period of 18 months. DHS established a 180-day registration period (from January 21, 2010, through July 20, 2010). This notice extends the registration period through January 18, 2011. This extension is necessary to provide applicants more time to register for TPS. DATES: DHS designated Haiti for TPS on January 21, 2010. The registration period that was to expire on July 20, 2010, will be extended for 180 days, with a new filing deadline of January 18, 2011.” FR Doc. 2010-17116 Filed 07/12/2010 at 8:45 am; Publication Date: 07/13/2010.

Advance Copy of DHS Notice: Extension of TPS for El Salvador

Friday, July 9th, 2010

“This Notice announces that the Secretary of Homeland Security has extended the designation of El Salvador for temporary protected status (TPS) for 18 months from its current expiration date of September 9, 2010, through March 9, 2012.” FR Doc. 2010-16431 Filed 07/08/2010 at 8:45 am; Publication Date: 07/09/2010.

Aytes on registration

Wednesday, July 7th, 2010

“[T]here are several situations in which aliens in the United States have been lawfully admitted, or are pursuing a process for obtaining a lawful status under Federal immigration law, but will not have filed an application or other form that has been designated as complying with registration requirements, and will not have been issued a document designated as evidence of registration. Nonetheless, DHS is aware of their presence through the processes provided by federal immigration law and may, in certain cases, have affirmatively decided not to pursue either removal or criminal prosecution.” June 22, 2010, filed with USA v. Arizona.

USA v. Arizona

Tuesday, July 6th, 2010

Washington, D.C. – Today, the United States Department of Justice filed a lawsuit against the state of Arizona in federal court. The lawsuit, prompted by passage of SB 1070 in the Arizona legislature, will argue that federal law trumps the state statute and enforcing immigration law is a federal responsibility. The Department has requested a preliminary injunction to delay enactment of the law, arguing that the law’s operation will cause “irreparable harm.”

New Rules for Process for Seizures and Forfeitures

Friday, July 2nd, 2010

Administrative Process for Seizures and Forfeitures Under the Immigration and Nationality Act and Other Authorities: Final Rule
On February 19, 2008, the Department of Homeland Security issued an interim final rule that consolidated the asset seizure and forfeiture procedures for customs and immigration purposes. The interim final rule primarily aligned forfeiture procedures to allow petitioners to seek remission of seized property before the completion of the forfeiture process. The interim final rule also made technical and conforming changes to update the regulations. This final rule adopts, without change, the interim final rule.” Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010

Changes to Processing of Applications for Returning Resident Status

Friday, July 2nd, 2010

Changes to Processing of Applications for Returning Resident Status
“9 FAM 42.22 Notes has been updated to provide guidance on the processing of applications for special immigrant Returning Resident (SB) visas for lawful permanent resident (LPR) aliens who were unable to return to the United States within the validity of their I?551 Permanent Resident Card or reentry permit. The guidance covers where applicants are able to file their DS?117 Application to Determine Returning Resident Status, how post should process such applications, and new procedures for the creation of a permanent refusal record for denied DS?117 applications.” DOS, May 2010.

CIR: DOA until 2011?

Monday, June 21st, 2010

“Last Thursday, at a closed-door meeting between senior Democratic senators and immigration reform advocates, the parties concluded that passing a comprehensive bill would be an extremely tall order this year because of stiff GOP opposition and uneasiness among some Democratic moderates. A number of advocates felt that bringing up a bill this year, only to see it fail, could set back reform efforts for years, according to several people familiar with the meeting. So Reid and his allies are considering abandoning a comprehensive bill until after November, for possible action in a post-election session or in the 112th Congress, which begins in January 2011.” Politico, June 21, 2010.

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