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07/30/2010: USCIS Considers Administrative Fixes As Alternatives to Comprehensive Immigration Reform Unofficial internal document of the USCIS, as released by ProRepublica, indicates that the USCIS is considering a wide range of alternatives to the Comprehensive Immigration Reform, should the Congress fail to pass the CIR legislation this year. We are currently, editing this confidential document, but readers may be able to get access to this document which has yet to be edited. Read on.
07/30/2010: USCIS Considers Administrative Fixes As Alternatives to Comprehensive Immigration Reform
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07/29/2010: Immigration Benefits and Naturalization Benefits Applications Statistics as of 06/30/2010 The just released statistics reflect that both immigration and naturalization applications have steadily increased since March 2010. For the details, please review the following: Immigration(nonimmigrant & immigrant proceedings) application statistics Naturalization application statistics Trend and monthly statistics of immigration and naturalization application statistics
07/29/2010: Immigration Benefits and Naturalization Benefits Applications Statistics as of 06/30/2010
07/29/2010: "Admission" Requirement for I-485 Eligibility and Important Board of Immigration Appeals Decision Handed Down Yesterday Yesterday, the U.S. Department of Justice, Board of Immigration Appeals (BIA) handed down a rule that for the purposes of establishing eligibility for I-485, the law does not require the alien to be questioned by immigration authorities or be admitted in a particular status. In this case, a citizen of Mexico who entered the United States without a valid document as a passenger in a car being driven by her United States citizen friend. According to her testimony, the immigration inspector asked her friend (driver) whether he was an American citizen but did not ask her anything. The officer then waved the car through the port of entry. She five years later married a United States citizen and filed I-485 before immigration judge who denied the relief based on the decision that she was not "admitted" to the U.S. The BIA disagreed and overturned the decision and remand the case to the immigration judge. This decision is important in that similar situations have been taking place quite often in both the Northern border and Southern border. See Matter of Quilantan, 25 I&N Dec. 285 (BIA 2010), Interim Decision #3688 (BIA July 28, 2010).
07/29/2010: "Admission" Requirement for I-485 Eligibility and Important Board of Immigration Appeals Decision Handed Down Yesterday
07/28/2010: Federal Judge Susan Bolton Issued Preliminary Injunction Blocking Profiling Provision of Arizona Immigration The Arizona immigration law was scheduled to take effect tomorrow. The law itself will take effect as scheduled, but the controversial and politically volatile immigrant ethnic profiling provision will not take effect tomorrow because of the judge's preliminary injunction against this provision of the state statute. For the implication of the turn of this event, please stay tuned to this web site.
07/28/2010: Federal Judge Susan Bolton Issued Preliminary Injunction Blocking Profiling Provision of Arizona Immigration
07/28/2010: H-2B Cap Count as of 07/23/2010 Beneficiaries Approved: 28,760 Beneficiaries Pending: 1,880 Total Count: 30,640
07/28/2010: H-2B Cap Count as of 07/23/2010
Questions & Answers Sessions
07/27/2010: USCIS Policy Review Results Report Released 07/26/2010 USCIS has been actively engaging in review of policies in certain areas through collection of surveys online, public engagement sessions, and other medium. The report covers interesting statistics which are related to each of the areas they have been reviewing. Please read the following: External Stakeholder Survey Data (in PDF) External Stakeholder Survey Summary Graphs & Tables (in MS Excel) 07/27/2010: Incoming Questions & Answers Session Email Questions We have been receiving a volume of emails addressing some issues, seeking answers. Thank you for the questions. When people address a question relating to the AC 21, they should lay out at least the following three dates: Labor Certification Filing Date(Priority Date); I-140 Filing Date and EB Classification; and I-485 Filing Dates. Most of the questions, at least at this time, have been focusing on pending I-485 applications. We will also welcome nonimmigrant proceeding questions. We will reinstate the sessions as soon as the new site is technically prepared. Thank you. 07/27/2010: Recent Unreliability of USCIS 'My Case Status Check' and Email Notification Systems Lately, people must have experienced an annoying situation where my case status site and email notification system of the USCIS either reported none or "review" stage report and hard copy approval notices had been delivered in the mail. Even after receiving the hard copy notices, My Case Status site and Email Notification system showed no changes. This unreliability of the USCIS case status check system has frustrated and confused the consumers tremendously. Now, it has not been confirmed, but the USCIS is scheduling an Webinar public engagement session on 07/30/2010 to present to and hear from the stakeholders the USCIS site modification plans adding a new online inquiry tool, tailored case status information for My Case Status, and new features for Spanish-speaking customers. We hope that its status check site was unreliable as affected by the technical process to add the new features. It would have been nice, though, had the agency informed the public of such ongoing technical process and alerted its impact on the status site pending the system adjudstment. For the engagement session, please click here. 07/27/2010: USCIS Expands Fee Payment Methods USCIS has announced that effective 10/01/2010, they will no longer accept payment by cash in domestic field offices. Payment in cash may still be available in its international offices outside of the U.S. In domestic filings, payment by checks or money order, or credit cards such as Visa®, Mastercard®, American Express®, and Discover® Network will be acceptable. For the full text of this announcement, please click here.
07/27/2010: USCIS Policy Review Results Report Released 07/26/2010
07/27/2010: Incoming Questions & Answers Session Email Questions
07/27/2010: Recent Unreliability of USCIS 'My Case Status Check' and Email Notification Systems
07/27/2010: USCIS Expands Fee Payment Methods
07/26/2010: Please Stay Tuned for Our Return to the Questions and Answers Sessions Hope our readers stay in good health in this hot and steamy summer season. The year 2010 continuously places the immigration news at bay because of the persistent economic downturn and political landscape against the immigration and immigrants. It is not only Congress and White House that have remained totally in dormant state, but also the stakeholder agencies that have been shy in launching any actions to fix the broken immigration system at the administrative level. Under the political environment where the term "immigration" is taken as a "taboo," especially in the election year, the center of political power has shown timidity and nervousness. No one will expect to see any changes in such political environment within this year. Again, it is not just Comprehensive Immigration Reform, but also any move in the government which may continue to remain dorman throughout the year. Under the circumstances, the survival issues and strategies have been gaining importance, and the questions and issues within the existing legal system relating to the nuts and bolts need some answers, albeit not authoritative, to relieve the pains from our audience. For the reasons, this reporter has decided to reinstate our Questions and Answers sessions for our readers. Unlike the previous Q&A sessions, the new Questions and Answers session will include some updates with the immigration policies, practices, and laws and rules. Those who wish to send a question may use our office email of ohlaw@immigration-law.com. As was true in the past, people should not include any information in the questions that can relate to or identify any specific individual, particularly from their friends, colleagues, and other people around them. We may not be able to answer all the questions, but will try to accomodate any many issues as possible. In the email, people should clarify that the emails are related to the Q&A Sessions. Otherwise, their questions may be ignored. 07/26/2010: Latest H-1B Cap Counted on 07/23/2010 Still plenty! Regular cap: 26,000 (out of total annual cap of 65,000) Master degree cap:11,300 (out of special cap of 20,000)
07/26/2010: Please Stay Tuned for Our Return to the Questions and Answers Sessions
07/26/2010: Latest H-1B Cap Counted on 07/23/2010
07/22/2010: Latest H-1B Cap Counted on 07/16/2010 Still plenty! Regular cap: 25,300 (out of total annual cap of 65,000) Master degree cap:11,000 (out of special cap of 20,000) 07/22/2010: H-2B Cap Count as of 07/16/2010 Beneficiaries Approved: 28,539 Beneficiaries Pending: 1,615 Total Count: 30,154
07/22/2010: Latest H-1B Cap Counted on 07/16/2010
07/22/2010: H-2B Cap Count as of 07/16/2010
07/20/2010: DOL Performance and Results of PERM and H-1B LCA Processing During January Thru March 2010 This performance report indicates that there was one time a significant decrease in number of PERM cases which had been resolved in six months, but the OFLC has been working hard to increase the percentage of the cases resolved within six months and such reduction of processing times is likely to improve significantly from here on. There are a number of PERM applications that have lately been certified in a short period of time. For the full report, please click here.
07/20/2010: DOL Performance and Results of PERM and H-1B LCA Processing During January Thru March 2010