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Fall
has set in, the leaves
are changing color
here, and we have
several things to
talk about in immigration.
The first week of
October marked the
beginning of the DV-2011
lottery program. This
is the time many people
wait for all year
long. However, unlike
previous years, the
2011 DV Lottery came
in with so little
fanfare that unless
you were paying close
attention you would
have missed the announcement.
While the start of
the DV program this
year received very
little attention it
is still a very important
program for many people.
For those wanting
to apply the list
of eligible countries
remains same as that
for DV-2010.
One of the major,
and most dramatic
changes for the month
is the USCIS website.
The USCIS recently
launched its redesigned
website, now in both
English and Spanish.
The move came after
it had received many
complaints that the
previous website was
"frustrating" and
"hard to navigate."
The new website now
looks more appealing
and user-friendly
and is more customer-centric.
| Darrell
West, Vice President
and Director of
Governance Studies
at the Brookings
Institution, said
the redesigned
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USCIS
website appears
to be more user-friendly
than the old Web
portal and more
logically organized.
"One of the best
features is the
ability to personalize
the site to your
particular situation,"
West said.
A simple example
of the new user-friendly
features is that
the new USCIS
website allows
applicants who
have filed for
citizenship
to track the progress
of their cases. |
Jeffrey Zients, the
Obama administration's
chief performance officer,
said the new website
was a "significant step"
for the public and USCIS's
customers.
"It's also a significant
step for our federal
government in terms
of providing services
that [are] smarter,
faster and lower cost,"
Zients said at a press
conference where officials
unveiled the redesigned
website last week.
USCIS processes requests
about immigration-related
applications and petitions,
and the agency's existing
Web site was one of
the most-used government
sites with about 230,000
users per day. However,
USCIS said users of
the old site found it
difficult to use.
The new website allows
users to choose to receive
notifications by e-mail
or text message when
the status of an application
changes, and the site
also provides access
to national trend data
and raw data that can
be used in additional
applications. And for
the first time, the
redesigned USCIS.gov
has a version in Spanish.
Following
in the foot-steps
of USCIS, the US Department
of State has also
revamped its website.
The
Department of Justice
(DOJ) unveiled its
revamped website on
October 1, 2009. The
website was redesigned
in an effort to increase
"openness and transparency
in government." Utilizing
a variety of online
tools, they will be
able to share news
and information, not
just on the DOJ web
site, but through
popular social networks
Twitter, YouTube,
MySpace and Facebook.
The Justice Department's
presence on these
social networks will
allow Americans to
interact with the
Department in entirely
new ways.
The
new USDOJ.Gov
has incorporated more
multimedia than ever
before. We're told
that there is a new
photo gallery and
video library that
will be regularly
updated with new content
from across the Department
of Justice. And of
course, "The Justice
Blog" will be a hub
of information for
the Department.
Justice
Department officials
said "today's launch
is just the first
step towards creating
the most open, accessible
and transparent Justice
Department possible."
USCIS
has not only revamped
its website, it has
also revamped its
some of its methods
and procedures. More
US employers are reporting
random, unannounced
visits by the Fraud
Detection and National
Security Division
(FDNS) of USCIS. FDNS
inspectors often use
a set script of questions
and ask to speak with
an employer representative
and any foreign workers
at the work site.
FDNS uses what it
learns from these
visits to add fraud
indicators to its
database in an effort
to identify patterns
and potential fraud
during adjudications.
Employers
can prepare for such
visits by conducting
a self-audit of their
I-9s
and H-1B
Public Access files,
and by ensuring strong
compliance policies
are in effect. We
recommend designating
an "immigration compliance
officer," who should
contact counsel immediately
in case of an FDNS
site visit. We also
recommend preparing
a response plan in
advance that includes
everyone from upper
management to receptionists.
Finally,
the Department of
Labor (DOL) has issued
a frequently asked
questions (FAQ) sheet
about the new iCERT
Portal and the newly
redesigned ETA Forms
9035
and 9035E. Topics
discussed include
how to correct an
invalid federal employer
identification number
after a denial on
that basis; filing
on behalf of a new
company created through
a merger, acquisition
or sale; the required
contact information
to enter for employer
point of contact;
how to enter a prevailing
wage survey on the
new LCA; and how to
withdraw an LCA after
certification.
Other
Developments in Immigration
Law
USCIS Clarifies
Requirements for Agents
Filing as Petitioners
for the O and P Visa
Classifications
USCIS on October
7, 2009 issued guidance
to clarify for performing
arts associations
and their members
the regulatory requirements
for agents who file
as petitioners for
the O
and P
visa classification.
USCIS Changes
Filing Location for
Forms I-800 and I-800A
USCIS on October
6, 2009, announced
a new address for
prospective adoptive
parents to submit
Form I-800 and Form
I-800A. The change
is effective October
6, 2009 and the applicants
have a 30-day transition
period before USCIS
will return incorrectly
filed petitions.
USCIS Changes
Filing Location for
Form I-600 and I-600A
USCIS on October
6, 2009, announced
a new address for
prospective adoptive
parents to submit
Form I-600
and Form I-600A.
While the change took
effect on October
6, 2009, applicants
have a 30-day transition
period before USCIS
will return incorrectly
filed petitions.
Immigration
Articles and Other
Fun Stuff:
Now for the regulars
- this month's Immigration
Article entitled
'MAVNI Program: Direct
US Citizenship without
Permanent Resident
Status' explores how
the one-year MAVNI
Program gives a direct
route to U.S Citizenship
regardless of the
permanent resident
status of the foreign
national. Also check
out our In
Focus section
for this month, which
explains how a J-1
Umbrella Sponsor can
help you obtain a
J-1 Visa.
Every month we introduce
a new and interesting
question for our opinion
poll. Last month's
poll results indicate
that 62.50%
of the respondents
believe that the Recovery
Act has made significant
progress. We appreciate
that people take interest
in the opinion question
and cast their vote
to give us their feedback.
Keep it up! And continue
to cast your vote
to express Your
Opinion.
 |
We
congratulate
Maria Silva
for winning last
month's Immigration
Quiz.
Again, we received
a significant
number of responses
from our readers,
who talked about
various solutions
to support their
position, but
Maria
Silva
gave the correct
answer and won
free online |
consultation to discuss
the concerned Immigration
issues. So it’s time
to get ready for this
month's quiz. If you
know the correct answer
your name might be featured
in next month's newsletter.
All the Best!!!
To ensure you receive
your Immigration Newsletter,
please add
to your address book
or safe list.
See you next
month with a lot more
noise from the Immigration
World! |
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Do
you find yourself in a situation
when you are asking 'How
Do I' get out of this, then
the new " How
do I" section on VisaPro
will help you deal with
and avoid such situations. |
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Wanted to take part in our
immigration events, but missed
your chance? Check out the
informative library of immigration
law videos from past conferences.
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DOS
Releases Visa Bulletin
for November 2009
The Department of
State has released
the Visa Bulletin
for November 2009
containing immigrant
visa projections for
the coming month.
The priority dates
for employment-based
permanent residence
categories have enhanced
slightly in November.
DOS
Published Final Rule
on Amended Requirements
for Religious Workers
The Department of
State (DOS) on October
6, 2009 published
a final rule for religious
workers, which established
the requirement that
consular officers
should ensure that
R-1 visa applicants
have obtained an approved
USCIS Form I-129 petition
from DHS before issuance
of a visa. The R-1
final rule is effective
from October 6, 2009.
USCIS
Announces Publication
of New Form G-28
USCIS on October 2,
2009 announced that
it has issued a Revised
Entry of Appearance
as an Attorney, Form
G-28. USCIS will accept
old versions of the
Form G-28 until October
30, 2009, after which,
old versions will
be considered invalid.
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Did
You Know About the J-1 Umbrella
Sponsor and its Advantages
in Obtaining a J-1 Visa?
US immigration law has provisions
for several categories of
“J-1 Exchange Visitors”, which
include Au Pairs, camp counselors,
summer work/travel, physicians,
professors and researchers,
short-term scholars, teachers,
students, and trainees. To
obtain a J-1 visa, you need
to have an employer and the
employer must be pre-authorized
by the State Department to
sponsor a J-1. But not all
the employers are pre-authorized
to have their own J-1 program.
Thus, the J-1 umbrella program
comes to rescue in such situation.
In this article we will focus
on the trainee program and
discuss what a J-1 umbrella
sponsor is. We will also talk
about the use of an umbrella
sponsor to obtain a J-1 visa.
MAVNI
Program: Direct US Citizenship
without Permanent Resident
Status
The Military Accessions Vital
to the National Interest (MAVNI)
program is a program which
authorizes certain branches
of the military to recruit
certain legal aliens whose
skills are considered to be
vital to the national interest.
The one-year MAVNI pilot program
allows the military to recruit
up to 1,000 non-citizens who
do not have permanent resident
status, but who have been
in US legally for at least
two years. The MAVNI Program
allows foreign nationals that
join the military to apply
for U.S Citizenship through
naturalization without first
having to obtain permanent
resident status. In this article,
we will explore how the one-year
MAVNI Program gives a direct
route to U.S Citizenship regardless
of the permanent resident
status of the foreign national.
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QUESTIONS
AND ANSWERS
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| 1. |
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My husband
withdrew his support
for the joint petition
[to remove conditions
on permanent residence]
on May 29, 2009, and
I got a notice of
withdrawal for me
and my daughter on
September 13, 2009,
but the notice itself
is dated August 27,
2009. Can I re-file
the Form I-751 based
on the fact that marriage
entered into in good
faith but which have
been terminated? I
have some documents:
rental agreement,
shared account, the
police report etc.
Since the previously
filed petition was
withdrawn you can
file a new Form I-751.
If the divorce is
final you may file
the new I-751 based
on the fact that the
marriage was entered
into in good faith
and has been terminated.
If the divorce is
not final yet you
will have to wait
for it to be finalized
or you will have to
file under the abused
spouse provision.
If you file under
the abused spouse
provisions you will
have to meet a much
higher standard of
proof than the standard
set for simple terminated
marriage cases.
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| GOT
A QUESTION? |
If
you have
a short,
simple query
on immigration
to the U.S.,
send your
questions
to us. We
will select
and answer
a few of
the queries
in every
issue.
Note:
Responses
posted in
this section
provide
only general
information.
Since immigration
law is a
complex
matter,
please consult
an immigration
attorney
before acting
upon any
responses
provided. |
| Ask
Your Question |
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You
have to submit copies of the
documents you listed above
in support of the petition
(including the police report)
to prove the validity of the
marriage. If you file to remove
the conditions based on the
termination of the marriage
you will most likely have
to attend an interview at
the local USCIS district office.
If you file based on the abused
spouse provisions the USCIS
policy is that you will have
to attend an interview. At
that time you can take the
documentation that you have,
as well as any other documentation
that you can gather, including
statements from friends (both
yours and his if possible)
that state how they know you,
and that you and your ex-husband
were living together with
your daughter as a family.
It is especially helpful if
you can get a statement from
any of your ex-husband's family.
You should also include a
detailed statement about your
relationship with your ex-husband
-- how you met, how long you
knew each other, what your
marriage was like, and what
went wrong at the end. |
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| 2. |
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I
currently posses an H-1B with
company A. This H-1B expires
in Feb 2010, however, I have
accepted a job offer to work
for company "B". The company
B filed an H-1B for me on
April 6th and has the FedEx
confirmation number. Can I
can give two week's notice
at company A and start employment
for company B at any time
or do I have to wait for USCIS
to issue a case number. What
could go wrong? |
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In
an H-1B
change of employer case
from company A to company
B, you are authorized to
start work for company B
upon filing of the H-1B
petition by company B. The
regulations provide that
a petition is regarded as
properly filed when it is
stamped by the USCIS to
show the time and date of
actual receipt, it is properly
signed and the correct filing
fee is attached. A FedEx
confirmation merely proves
that a shipment was delivered
and does not prove any of
the elements of a proper
filing. Premature reliance
on a FedEx delivery confirmation
to start work for company
B and a subsequent rejection
of the filing could result
in unauthorized employment
and consequent ineligibility
for portability upon the
refilling of the H-1B petition
by company B.
After confirmation of delivery
by FedEx the petition could
be rejected for filing by
USCIS for any number of
reasons, including because
it was not properly signed
or because the proper filing
fee was not attached. |
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Group "INNATE
FORTE"
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