U.S.A. Immigration Law: Help with Visas, Waivers, Green Cards, Citizenship.

Prosecutorial discretion stats as of end of March 2012: less than 1 percent of pending cases closed.

2012-04-21T21:21:00.000-05:00

A special Immigration and Customs Enforcement (ICE) program announced last August to reduce the massive backlog of pending cases in Immigration Courts by identifying those that could be dismissed, closed or put on hold has resulted in the closure of only 2,609 cases, according to government data covering the period up to the end of March 2012.

The backlog reduction is less than one percent (<1%) of the 298,173 cases pending before the Immigration Courts as of the end of last September.

See detailed stats at http://trac.syr.edu/immigration/prosdiscretion/activecourts.html

Q&A: Provisional Waiver, ULP I-601. Federal Register Notice of Proposed Rulemaking, March 30, 2012.

2012-03-30T12:48:00.001-05:00

U.S. Citizenship and Immigration Services (USCIS) today posted a Notice of Proposed Rulemaking in the Federal Register outlining its proposal to create an alternative process for filing certain waivers of inadmissibility relating to unlawful presence (I-601 waiver).

Please note: The alternative process is NOT in effect yet, and will not be available to potential applicants until USCIS publishes a final rule with an effective date in the Federal Register (expected by end of 2012).

The public is welcome to submit comments to this proposed rule during a 60-day comment period on www.regulations.gov through June 1, 2012. For more information about the Notice of Proposed Rulemaking, please visit www.uscis.gov/provisionalwaiver.

https://www.federalregister.gov/articles/2012/04/02/2012-07698/inadmissibility-for-certain-immediate-relatives-provisional-unlawful-presence-waivers

What the Proposed Process Would Do:

Under the proposed process, immediate relatives of U.S. citizens who would need a waiver of unlawful presence in order to obtain an immigrant visa could file a new Form I-601A, Application for Provisional Unlawful Presence Waiver, before leaving the United States to obtain an immigrant visa at a U.S. Embassy or Consulate abroad. All individuals eligible for this streamlined process are still required to depart the United States and must meet all legal requirements for issuance of an immigrant visa and admission to the United States.

An individual may seek a provisional unlawful presence waiver if he or she:

Is physically present in the United States;
Is at least 17 years of age;
Is the beneficiary of an approved immigrant visa petition (I-130) classifying him or her as an immediate relative of a U.S. citizen;
Is actively pursuing the immigrant visa process and has already paid the Department of State immigrant visa processing fee;
Is not subject to any other grounds of inadmissibility other than unlawful presence; and
Can demonstrate that the refusal of admission would result in extreme hardship to a U.S. citizen spouse or parent.

An immediate relative would not be eligible for the proposed process if he or she:

Has an application already pending with USCIS for adjustment of status to lawful permanent resident;
Is subject to a final order of removal or reinstatement of a prior removal order;
May be found inadmissible at the time of the consular interview for reasons other than unlawful presence; or
Has already been scheduled for an immigrant visa interview at a U.S. Embassy or Consulate abroad.

Allowing immediate relatives of U.S. citizens to receive provisional waivers in the United States before departure for their immigrant visa interview at a U.S. Embassy or Consulate means that:

Immigrant visa processing times will improve because of greater capacity in the United States and fewer case transfers between USCIS and the Department of State;
Immigrant visas will be issued without unnecessary delay (if the individual is otherwise eligible); and
The period of separation and hardship many U.S. citizens would face due to prolonged separation from their family members will be minimized.

Office of Communications
Questions and Answers

March 30, 2012

Provisional Unlawful Presence Waivers: Questions & Answers
Introduction
The following Q and As explain the proposed provisional unlawful presence waiver process.

Background
On March 30, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a notice of proposed rulemaking (NPRM) in the Federal Register requesting public comment on its plan to create an improved process for certain immediate relatives of U.S. citizens to apply for and receive a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States, if they can demonstrate that being separated from their U.S. citizen spouse or parent would cause that U.S. citizen relative extreme hardship. The goal of the proposed process is to reduce the time that U.S. citizens are separated from their immediate relatives while those family members go through the consular process overseas to obtain an immigrant visa.
Visit our Proposed Provisional Unlawful Presense Waivers webpage for more details.
Questions and Answers
Q1. How do I apply for the provisional unlawful presence waiver?
A1. The provisional waiver process is NOT in effect. USCIS will reject any application requesting a provisional waiver at this time and return the application and any fees filed. The provisional waiver process will only take effect after a final rule is published in the Federal Register with an effective date.
Q2. How do I comment on this proposed provisional unlawful presence waiver process?
A2. USCIS encourages the public to submit formal input on the proposed rule through www.regulations.gov during a comment period that runs from April 2, 2012 until June 1, 2012.
Q3. Why is this proposed waiver process limited to the immediate relatives of U.S. citizens who can demonstrate extreme hardship to a U.S. citizen spouse or parent?
A3. The goal of the provisional unlawful presence waiver process is to alleviate the extreme hardship certain U.S. citizens experience when they are separated for extended periods of time from their spouses, children, and parents (“immediate relatives”). USCIS expects that this new process will streamline the waiver process and reduce the length of time immediate relatives must remain abroad to obtain an immigrant visa. For additional information, see DHS Notice of Proposed Rulemaking (NPRM), section IV, Part B, Rationale for Proposed Change.
Q4. Will USCIS consider expanding this new process to relatives of lawful permanent residents who have visas that are currently available?
A4. The agency decided as a matter of policy and operations to make this process available only to immediate relatives of U.S. citizens. For additional information, see DHS Notice of Proposed Rulemaking
(NPRM), section IV, Part B, Rationale for Proposed Change. As part of the rulemaking process, you may submit your views and suggestions as formal comments to the NPRM atwww.regulations.gov.
Q5. Why does USCIS refer to the waiver as “provisional?”
A5. USCIS refers to the waiver as “provisional” because it will not take effect until after the applicant departs the United States, appears for his or her immigrant visa interview, and is determined by the DOS consular officer to be otherwise admissible to the United States. In the proposed process, USCIS would determine eligibility for the provisional waiver and, if the application is approvable, approve the provisional waiver before the applicant leaves the United States for the immigrant visa interview abroad.
Q6. Will I have to be fingerprinted or appear for an interview as part of the provisional waiver process?
A6. All provisional unlawful presence waiver applicants will be required to appear at a USCIS Application Support Center for biometrics collection. Generally, USCIS will not require provisional waiver applicants to appear for an interview but may schedule an interview if the facts in a particular case warrant further inquiry and review.
Q7. Will I use the current Form I-601, Application for Waiver of Grounds of Admissibility to apply for a provisional waiver?
A7. No. USCIS is developing a new form for the proposed provisional unlawful presence waiver process – Form I-601A, Application for Provisional Unlawful Presence Waiver. The application filing fee is $585.00, the same fee required for the Form I-601. There is an additional biometric fee of $85.00 for applicants who are under 79 years of age. USCIS will post the proposed form in the Federal Register for formal comment in the near future.
Q8. Can I file a fee waiver request for the provisional waiver application?
A8. No. Fee waivers will not be available for the provisional waiver application fee of $585.00 or the biometrics fee of $85.00.
Q9. What documents will I be required to file with my application for a provisional unlawful presence waiver?
A9. USCIS will include instructions with the new Form I-601A that will describe the types of documents you will need to submit with your provisional waiver application. At a minimum, USCIS will require proof that you have an approved Form I-130, Petition for Alien Relative, or an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, if you are a self-petitioning widow/widower, and an immigrant visa application fee receipt from the Department of State (DOS). Failure to follow the instructions on the form or submit required documentation may result in your application being rejected or denied. For more information on proposed rejection criteria, see DHS NPRM section IV, Part E – Filing, Adjudication, and Decisions.
Q10. Will I be able to file the provisional waiver application concurrently with my Form I-130?
A10. No. To be eligible for the provisional waiver process, applicants must already have an approved I-130 or I-360. The approved petition is what starts the immigrant visa process with DOS. For more information on eligibility and filing criteria, see DHS NPRM section IV, Parts C through E.
Q11. Will I be able to file the provisional waiver application concurrently with my Form I-212, Application for Permission to Reapply for Admission Into the United States After Removal?
A11. No. Aliens who must request permission to reenter the United States after removal are not eligible for the provisional unlawful presence waiver. In addition, USCIS will not accept concurrent filings of the Form I-601A and Form I-212 or Form I-130.
Q12. Will the proposed provisional waiver process affect existing standards for unlawful presence and extreme hardship?
A12. No. The proposed provisional waiver process will not alter the criteria USCIS will use to determine if an individual qualifies for a waiver of a ground of inadmissibility or if an individual has established the requisite extreme hardship to a U.S. citizen spouse or parent.
Q13. If I get a provisional waiver, can I adjust my status without leaving the United States?
A13. No. Individuals who receive a provisional unlawful presence waiver must leave the United States to attend their immigrant visa interview with a DOS consular officer in order for the provisional waiver to take effect and for the individual to be granted an immigrant visa. However, because of the way the proposed process for adjudicating provisional waivers is designed, individuals who receive a provisional waiver will likely be separated from their U.S. citizen relatives for significantly shorter periods than is the case under the current process.
Q14. I already have an immigrant visa interview scheduled for next month in my home country. Should I cancel it so that I can apply for the provisional unlawful presence waiver when the final rule takes effect?
A14. No. If you already have an immigrant visa interview scheduled with DOS, we urge you to keep your appointment. This proposed waiver process is not in effect and USCIS will not be publishing a final rule until later this year. If you trigger the unlawful presence bars upon departure from the United States, you may still file a Form I-601, Application for Waiver of Grounds of Inadmissibility, after you have appeared for your immigrant visa appointment and DOS has determined that you are inadmissible and need to file a waiver. If you fail to appear for your consular interview, DOS may terminate your immigrant visa registration.
Q15. I am currently in removal proceedings. Will I be able to apply for a provisional waiver?
A15. As part of the rulemaking process, DHS is considering how it will address provisional waiver requests from individuals who currently are in removal proceedings. We encourage you to submit your views and suggestions on this topic as formal comments to the NPRM at www.regulations.gov. For more information about eligibility criteria, see DHS NPRM section IV, Parts C and D.
Q16. If I have already filed a Form I-601, Application for Waiver of Grounds of Inadmissibility from outside the United States, will I be able to apply for a provisional waiver?
A16. No. The proposed provisional waiver process only applies to individuals who are physically present in the United States and have not yet been scheduled for their immigrant visa interview. For more information on eligibility criteria, see DHS NPRM, section IV, Parts C and D.
Q17. What happens if I am not eligible for a provisional unlawful presence waiver?
A17. When the new process goes into effect, individuals who are not eligible for the provisional waiver process can continue to follow current agency processes for filing a Form I-601, Application for Waiver of Grounds of Inadmissibility, after the consular interview.
Q18. If I receive an approved provisional unlawful presence waiver, will I be able to work?
A18. No. Under the proposed rule, the filing or approval of a provisional unlawful presence waiver will not affect an individual’s current immigration status in the United States. A pending or approved provisional waiver also will NOT:
• Provide interim benefits such as employment authorization or advance parole;
•
Provide lawful status;
•
Stop the accrual of unlawful presence;
•
Provide protection from removal;
•
Remove the requirement to depart the United States to seek an immigrant visa; or
•
Guarantee visa issuance or admission to the United States.
Q19. If I apply for a provisional unlawful presence waiver but USCIS denies my request, can I appeal the decision or file a motion with USCIS asking for the decision to be reopened or reconsidered?
A19. No. Aliens seeking a provisional unlawful presence waiver would not be able to file a motion to reopen or motion to reconsider or to appeal a denial of a request for a provisional waiver. Such individuals, however, may still apply for a waiver through the current I-601 waiver process. USCIS also reserves the right to reopen and reconsider on its own motion an approval or a denial at any time.
Q20. If USCIS denies my request for a provisional unlawful presence waiver will I be placed in removal proceedings?
A20. For cases where the provisional unlawful presence waiver is denied, USCIS will follow its current Notice to Appear (NTA) policy which prioritizes the types of cases USCIS will focus on for initiation of removal proceedings. For more information on USCIS NTA priorities, see USCIS Policy Memorandum, Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens (November 7, 2011).
Q21. What will happen at the consular interview if I present an approved provisional unlawful presence waiver?
A21. If the DOS consular officer determines that a provisional waiver applicant, in light of the approved waiver of the unlawful presence bar, is otherwise admissible to the United States and eligible for the immigrant visa, DOS would issue the immigrant visa, allowing the individual to travel to the United States. The provisional unlawful presence waiver would become permanent and cover the periods of unlawful presence on which the waiver was based for any future benefit requests. For more information on the validity a provisional waiver, see DHS NPRM section IV, Part H.
Q22. What will happen at the consular interview if I present an approved provisional unlawful presence waiver but the consular officer determines I have other grounds of inadmissibility?
A22. If the consular officer determines that you are subject to other grounds of inadmissibility beyond unlawful presence, the approved provisional waiver is automatically revoked. If a waiver is available for the other ground(s) of inadmissibility identified by the DOS consular officer, you will need to file a Form I-601, Application for Waiver of Grounds of Inadmissibility, with USCIS after the consular interview to request a waiver for all applicable grounds of inadmissibility, including any periods of unlawful presence. For more information on revocation of a provisional waiver, see DHS NPRM section IV, Part G.
Q23. How long will an approved provisional unlawful presence waiver be valid?
A23. Under the proposed rule, an approved provisional unlawful presence waiver would remain valid as long as the underlying approved immigrant visa petition (I-130 or I-360) is not revoked. If DOS terminates the immigrant visa registration process or the approved immigrant visa petition is revoked, the provisional unlawful presence waiver grant also is automatically revoked. For more information on the terms and conditions for a provisional waiver and periods of validity, see DHS NPRM section IV, Parts G and H.
Q24. What happens to an approved provisional unlawful presence waiver if I reenter the United States illegally?
A24. Illegal reentry into the United States after approval of a provisional unlawful presence waiver will automatically revoke the approval. Whether an individual has a pending or an approved immigration benefit application, reentry into the United States without being admitted or paroled by an immigration officer at the U.S. border can have severe consequences; such individuals may be permanently barred from the United States.

New in I-601 Adjudications (Waiver of Inadmissibility), Changes coming end of spring - beginning of summer 2012.

2012-03-11T16:07:00.001-05:00

On March 9, 2012, the USCIS held the Teleconference addressing new changes in how the USCIS is adjudicating Waivers of Inadmissibility (USCIS Form I-601).

These new changes are different from the announced earlier this year "Conditional Waiver" which is expected to take effect by the end of 2012.

However, procedural changes in adjudication of I-601 are expected to take effect as soon as end of spring - beginning summer 2012.

I've attended the Teleconference, and these are my brief notes.

(1) The filing fee will remain the same, US$585.

(2) Filing location for ALL I-601 will change. There will be one nationwide central filing location - a Lockbox in Phoenix, Arizona. All I-601 filed from within the USA or from abroad will be filed at the Lockbox in Phoenix.

(3) ALL I-601 petitions will be received in Phoenix and forwarded for adjudication to Nebraska (Nebraska Service Center).

(4) Goal is to reduce processing time to no more than 6 months.

(5) An applicant will be able to check case status for a pending I-601 petition online at uscis.gov website. And the USCIS will start publishing I-601 processing times.

(6) Procedures for requesting to expedite processing of the I-601 will remain the same. Military families are one of the examples of people who can request to expedite processing of the I-601 Waiver. (For more details see May 2011 USCIS Memo).

These changes are designed to lead to uniform and fast adjudication of all I-601 waivers. As USCIS reported, there are approximately 23,000 waivers filed every year with USCIS. Often, I-601 can take more than a year. With the new system of adjudication in place, I-601 processing should not take more than 6 months.

If you require assistance with preparing and filing of your Waiver of Inadmissibility (form I-601) or Permission to apply for readmission after Deportation (form I-212), you are welcome to contact our office and to schedule a telephone or Skype consultation. Please email at Attorney@law-visa-usa.com

Note: This information is provided for legal information purposes only and should not be considered a legal advice; it doesn’t create an attorney-client relationship. For more information or to schedule a consultation please visit http://www.law-visa-usa.com/contact_us.html or email at Attorney @law-visa-usa.com

ICE established a 24/7 Hotline for detainees.

2012-02-28T23:34:00.000-06:00

U.S. Immigration and Customs Enforcement (ICE) has established a toll-free hotline – (855) 448-6903.

Detained individuals can call this hotline if they believe they may be U.S. citizens or victims of a crime. The hotline will be staffed 24 hours a day, seven days a week by ICE personnel at the Law Enforcement Support Center.

Translation services will be available in several languages from 7 a.m. to midnight (Eastern).

ICE personnel will collect information from the individual and refer it to the relevant ICE Enforcement and Removal Operations (ERO) Field Office for immediate action.

If you are a detained individual and believe you may be a U.S. citizen or a victim of a crime, please call (855) 448-6903.

http://www.ice.gov/detention-reform/toll-free-hotline/

Transmission of the U.S. citizenship to IVF babies born abroad to American mothers and/or fathers.

2012-02-03T12:36:00.002-06:00

Some experts are questioning the virtue of current rules on the transmission of U.S. citizenship to IVF babies born to American mothers and/or fathers abroad, ans especially those cases where donor's eggs and sperm have been used.

According to a June 2011 report by the State Department's Office of Inspector General, the Bureau of Consular Affairs "is aware that the regulations and laws [relating to the transmission of citizenship through surrogacy] have not kept pace with technology and is working with legal advisers and other agencies to update policies

http://www.haaretz.com/print-edition/news/u-s-demands-proof-of-parentage-for-ivf-babies-1.410690

How much it would cost to deport all undocumented (illegal) immigrants currently living in the U.S.A. - at least US$285 Billion, or $23,480 per person.

2012-01-30T19:26:00.001-06:00

Cost of deportation: Deporting all of America's illegal immigrants would cost US$285 Billion.

A year ago, Immigration and Customs Enforcement (ICE) deputy director told Congress it costs about $12,500 to deport an undocumented immigrant.

However, a 2010 report by Center for American Progress and Rob Paral and Associates took a close look at all the budget appropriations for ICE and broke down the costs per person for each one of the four stages of deportation process: apprehension, detention, legal proceeding and transportation. The whopping cost of deportation per person that they came up with is $23,480.

The report states that ICE and US Customs and Borders Protection budgets have increased by 80% since 2005, amounting to $17.1 billion in FY2010. If US were to undertake a mass deportation campaign its cost over five years would be $285 billion.

Here is the breakdown of the $23,480 figure:
1. Apprehension: $18,310
2. Detention: $3,355
3. Legal Proceedings: $817
4. Transportation: $1,000.

Read more at http://www.businessinsider.com/deporting-all-of-americas-illegal-immigrants-would-cost-a-whopping-285-billion-2012-1?utm_source=twbutton&utm_medium=social&utm_campaign=bi

Official statistics by the U.S. Dept of State of rate of B-1/B-2 visa denial worldwide, including Moscow, Russia. Официальная статистика уровня отказа в туристической визе в посольстве США в Москве и по другим странам.

2012-01-25T00:40:00.002-06:00

Официальная статистика опубликованная Госдепом США за 2011, 2010 и 2009 года показывает, что процент отказов на гостевые (туристические) визы в московском посольстве США вырос с 4.9% (2009) до 10.1% (2010) до 10.3% (2011).

Интересно отметить, что уровень отказов в Бразилии, которую нередко сравнивают с Россией по темпам экономического роста и размерам, составлял 5.2% в 2010 и 3.8% в 2011 – более, чем в два раза ниже, чем в России.

По сравнению с этим, уровень отказов в гостевой визе на Украине намного выше - 31.8% (в 2010) и 29% (в 2011).

Уровень отказов в гостевой (туристической) визе в странах бывшего Советского Союза и сопредельных государствах остается очень высоким:

Россия - 10.1% (2010) - 10.3% (2011)
Украина - 31.8% (2010) - 29.0% (2011)
Беларусь - 19.7% (2010) - 19.4% (2011)
Казахстан - 9.4% (2010) - 8.3% (2011)
Армения - 51.4% (2010) - 54.5% (2011)
Молдавия - 38.5% (2010) - 44.5% (2011)
Узбекистан - 46.8% (2010) - 50.2% (2011)
Монголия - 37.1% (2010) - 44.5% (2011)
Израель - 6.4% (2010) - 6.9% (2011).

Для перехода на безвизовый режим поездок между странами, уровень отказов должен быть менее 3%. Как показывает статистика, большинству стран до этого ещн далеко.

Избежать отказов не всегда возможно. Но с помощью хорошего иммиграционного адвоката можно постараться преодалеть прошлые отказы, предотвратить ошибки, приводящие к отказам в визе и улучшить свои шансы на успешное получение гостевой или туристической визы в США. Мы будем рады вам помочь. Обращайтесь за помощью по электронной почте. Наши контактные данные указаны на этой странице - http://www.law-visa-usa.com/ru/contact_us.html .

С официальной статистикой по отказу в американской туристической или гостевой визе во всех странах мира можно ознакомиться по следующим ссылкам:

2011 http://www.travel.state.gov/pdf/FY11.pdf

2010 http://www.travel.state.gov/pdf/FY10.pdf

2009 http://www.travel.state.gov/pdf/FY09.pdf

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Statistics for 2009 and 2010 and 2011 demonstrates that rate of visa denials by the U.S. embassy in Moscow, Russia, has increased from 4.9% to 10.1% in 2010 to 10.3% in 2011. This is twice higher than visa denial rate in the U.S. embassy in Brazil, 5.2% (2010) and 3.8% (2011), for example. In comparison, rate B-1/B-2 visa denials in Ukraine is 31.8% (2010) and 29.0% (2011).

Please see official statistics for B-1/B-2 U.S. visa denial rates for all countries of the world here:

2011 http://www.travel.state.gov/pdf/FY11.pdf

2010 http://www.travel.state.gov/pdf/FY10.pdf

2009 http://www.travel.state.gov/pdf/FY09.pdf

Practical implementation of Prosecutorial Discretion policy at the Denver Immigration Court.

2012-01-20T13:16:00.000-06:00

The New York Times reported that approximately one in six (1 in 6) cases reviewed at the Denver immigration court in a pilot program following the "Prosecutorial Discretion" 2011 USCIS memo may be indefinitely suspended.

Read more at http://immigrationimpact.com/2012/01/20/holding-the-obama-administration-to-its-word-on-prosecutorial-discretion/

President Obama orders speed-up in Visa Processing, to expand Visa Waiver program.

2012-01-20T13:04:00.001-06:00

President Obama orders speed-up in Visa Processing.

Read President's Executive Order at http://www.whitehouse.gov/the-press-office/2012/01/19/executive-order-establishing-visa-and-foreign-visitor-processing-goals-a

January 19, 2012

Executive Order -- Establishing Visa and Foreign Visitor Processing Goals and the Task Force on Travel and Competitiveness

[...] (i) increase nonimmigrant visa processing capacity in China and Brazil by 40 percent over the coming year;
(ii) ensure that 80 percent of nonimmigrant visa applicants are interviewed within 3 weeks of receipt of application, recognizing that resource and security considerations and the need to ensure provision of consular services to U.S. citizens may dictate specific exceptions;

(iii) increase efforts to expand the Visa Waiver Program and travel by nationals of Visa Waiver Program participants; and

(iv) expand reciprocal recognition programs for expedited travel, such as the Global Entry program. [..]

I-601 Provisional Unlawful Presence ULP Waivers will be adjudicated in USA before a foreign individual's departure abroad for consular processing of his immigrant visa and waiver.

2012-01-10T14:04:00.004-06:00

Today, on January 10, 2012, during the conference with the shareholders, the USCIS' representatives had clarified some important moments concerning a new proposed rule dealing with adjudication of the I-601 waivers by USCIS in the United States.

Below are my notes taken during the conference today:

(1) Provisional waivers will be adjudicated by USCIS in USA before an applicant departs the USA for consular processing of an immigrant visa. The primary reason for this change is to try to keep families together and prevent lengthy separation when a foreign national has to wait for a waiver approval abroad;

(2) ONLY Unlawful Presence (ULP) Waivers will be adjudicated as a provisional waiver under this proposed new rule. Other grounds of inadmissibility will NOT be adjudicated under the I-601 provisional waiver process. If during adjudication of a provisional waiver, USCIS discovers any other inadmissibility grounds, the provisional waiver will not be approved.

(3) In some circumstances, when an unlawful presence waiver was adjudicated by USCIS and a provisional waiver approved in USA before applicant's departure from USA, other grounds of inadmissibility may be discovered during the visa interview. In this case, a new waiver will be required.

(4) The existing "Extreme Hardship Standard" for the I-601 waiver will not be changed nor modified by the proposed new rule. Legal standard will remain the same, only procedure will change.

(5) The new rule will only apply to immediate relatives category (spouses, parents and unmarried children of USC under 21). Currently, it's not proposed that this new rule will apply to preference visa categories (but only to immediate relatives).

(6) Final rule will be published by the end of 2012 in the Federal Register.

(7) The USCIS is working closely with the U.S. Department of State on this proposed new rule.

(8) The USCIS will post all information on their website www.uscis.gov and continue updating it as soon as a rule is available for review and comments.

http://law-visa-usa.com/forum/viewtopic.php?p=6003#6003

Note: This information is provided for legal information purposes only and should not be considered a legal advice; it doesn’t create an attorney-client relationship. For more information or to schedule a consultation please visit http://www.law-visa-usa.com/contact_us.html or email at Attorney @law-visa-usa.com.
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NEW PROPOSED REGULATION THAT WOULD PROMOTE FAMILY UNITY BY PERMITTING CERTAIN CHILDREN AND SPOUSES OF U.S. CITIZENS TO APPLY FOR WAIVERS OF THE “3/10 YEAR BAR” BEFORE RISKING A TRIP OUTSIDE THE UNITED STATES FOR A CONSULAR VISA APPOINTMENT

WHAT PEOPLE CAN DO NOW:

WHERE THE U.S. CITIZEN IS PETITIONING FOR HER SPOUSE OR MINOR CHILD, AND WHERE THE SPOUSE OR CHILD MUST LEAVE THE COUNTRY FOR THE APPOINTMENT AT THE U.S. CONSULATE.

(1). U.S. citizen should file an (I-130) visa petition for her spouse and children who are under 21 years of age. It is especially important to do so if the child is over 19 years of age but under 21. It would be best to consult with attorney or an accredited representative before submitting the visa petition.

(2). Once the petition is submitted, the citizen should consult with an immigration attorney or an accredited representative of a non-profit agency (if she has not done so previously) on what other steps to take. The family should not take any further steps without consulting the attorney. In many cases the attorney or an accredited representative will recommend that family member continue the consular processing procedures, but will not go to their appointment at the Consulate until CIS has implemented the new proposed regulation. For example, the undocumented spouse will file the waiver here in the U.S. with CIS. He will not leave the U.S. until and unless CIS approves the waiver.

SAME SITUATION EXCEPT THAT THE PERSON IS A LEGAL RESIDENT AND NOT A CITIZEN.

(1). The spouse or parent should apply for U.S. citizenship. Once she is a citizen, her undocumented immigrant spouse or child will qualify to benefit under the proposed regulation once it is implemented.

NOTE: It will not be necessary to take these steps if the undocumented spouse or child has the “grandfathering” protection of 245(i) because then s/he will be able to adjust his/her status in the U.S. and will not be subject to the 3/10 year bar.

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In Russian:

Новый иммиграционный закон: Условные вэйверы (USCIS Unlawful Presence Waiver I-601) помогающие преодолеть 3-х и 10-ти летний запрет на въезд в США и получение вида на жительство (грин карты).

Несколько дней назад в январе 2012г. Иммиграционная Служба США опубликовала официальное сообщение о намерении изменить порядок получения вэйверов (USCIS Unlawful Presence Waiver I-601) помогающие преодолеть 3-х и 10-ти летний запрет на въезд в США и получение вида на жительство. Иммиграционная служба разрабатывает новый закон, который будет опубликован к концу календарного 2012 года. Этот новый закон крайне важен и может помочь многим, кто женат или замужем за американским гражданином, или является неженатым ребенком до 21 года или родителем американского гражданина, проживающий в США нелегально более 6 месяцев или 1 года, и не имеющим возможности на получение вида на жительство через процесс называющийся adjustment of status. Значимость этого нового закона заключается в том, что именно по этой категории «невъездных» подается наибольшее количество заявлений на вэйвер в посольствах США по всему миру.

Например, девушка приехала в США из России по визе неветы в 2002 году. Поругалась и разошлась с пригласившим ее американским женихом до заключения брака, но решила остаться в США. Через несколько лет в 2004 г. вышла замуж за другого гражданина США и имеет двух маленьких детей, тоже граждане США. С 2002 г. она «нелегал» в США так как не смогда легализоватьяс даже через последующий брак с американцем. Один из её детей страдает аутизмом и нуждается в постоянном присутствии матери и медицинской помощи, а муж перенес тяжелую операцию. В подобной ситуации по новому закону, эта девушка сможет получить грин карту. Да, ей все равно придется лететь в Москву на собеседование на визу, но она сможет заранее получить условный вэйвер и принимать решение о поездке в Россию уже имея утвержденный вэйвер на руках. Тогда как по действующему законодательству ей необходимо ехать за визой в Россию и подавать заявление на вэйвер в посольство США в Москве, что порой приводит к длительным ожиданиям, и нередким отказам. Отказ в вэйвере приводит к отказу в визе. Аппеляция решения об отказе в вэйвере в настоящее время занимают около 2х лет(!).

10 января 2012г. Я участвовала в 2-х часовой конференции\встрече с сотрудниками Иммиграционной Службы США, занимающимся разработкой этого нового закона. Внизу я вкрадце привожу суть нашего разговора и предстоящих изменений в иммиграционном законодательстве.

(1) Впервые предлагается введение нового вида вэйвера – «УСЛОВНЫЙ вэйвер» (Provisional Waiver). Условные вэйверы будут рассматриваться Иммиграционной Службой в США, а не за границей как сейчас, что позволит сократить сроки пробывания за пределами США, ожидая получения визы и вэйвера. Цель изменений в законодательстве – предотвратить долгую разлуку членов семьи, когда человек должен ехать за пределы США, чтобы получить визу и подать заявление на вэйвер в поосольство США. В настоящее время, заявление на вейвер в посольстве может быть подано только после отказа в визе. Иногда это приводит к разлуке с семьей в 6-24 месяца и более. В случае окончательного отказа в вэйвере, человек может оказаться невъездным в США на много лет или даже навсегда.

(2) Этот новый закон будет применим только к одной категории вэйверов, а именно в случае где человек признан невъездным по причине нелегального проживания в США более 6 месяцев или более 1 года (запрет на въезд на 3 года или 10 лет). Этот новый закон не будет применим к вэйверам по другим категориям, например: судимости, обман и предоставление заведомо ложной информации или подложных документов и т.п. В случае, если Иммиграционная Служба обнаружит другие основания для признания человека невъездным в США, то в условном вэйвере будет отказано. Это значит, что гражданин сможет обратиться за вэйвером только находясь за границей через американское посольство, а не в США.

(3) Иммиграционная Служба США предупрежлает, что даже если они утвердят условный вэйвер и гражданин обращающийся за визой поедет в посольство за пределами США получать иммиграционную визу (грин карту), то иногда могут возникнуть ситуации, где консул во время собеседования на визу обнаружит дополнительные основания для признания этого гражданина невъездным. В такой ситуации новое заявление на вэйвер потребуется через посольство. Поэтому очень важна помощь квалифицированного и опытного адвоката, особенно если вам предстоит поездка за пределы США в посольство.

(4) Изменения не затронут уже существующую и установившуюся законодательную базу по вэйверам. Стандарты и юридические требованяи останутся те же. Только процедура подачи заявления на одну из категорий вэйвера (самую распространенную) будет модифицирована.

(5) Окончательный текст закона будет опубликован в Федеральном Регистре нормативных актов до конца 2012 г. Иммиграционная служба США будет принимать советы и мнения от адвокатов и граждан в течение этого года. Дополнительную информацию мы опубликуем на форуме нашего вебсайта или на нашем блоге. Также информация будет публиковаться на государственном вебсайте иммиграционной службы.

К сожалению новый закон не будет применим к тем семьям, где родственники петиционеры не граждане США, а постоянные жители США. С вступлением в силу нового закона ожидается значительное сокращение сроков пребывания за границей и ожидания иммиграционных виз в тех ситуациях, где граждане могут заранее получить условный вэйвер перед поездкой на собеседование в посольство. Иммиграционная Служба США и Госдеп в настоящее время согласовывает все процедуры, чтобы этот новый закон работал успешно.

5th Amendment right to due process doesn't apply to attorney's ineffective assistance with labor certification and visa petition.

2012-01-06T10:46:00.000-06:00

The 3rd Circuit Court of Appeals found that the Fifth Amendment right to due process does not guarantee effective assistance of counsel in preparing or appealing a labor certification application and visa petition before the start of removal proceedings. (Contreras v. Att'y Gen., 1/4/2012).

I-601 Provisional Waivers will be adjudicated in USA before a foreign individual's departure abroad for consular processing of his visa and waiver.

2012-01-06T09:00:00.000-06:00

"Provisional I-601 waivers" will be a big and welcome change from current practice of filing I-601 waivers abroad at the consulate and waiting for approval for many months or even years if denied.

USCIS proposes to allow the immigrants to obtain a "provisional waiver" in the United States, before they leave for their countries to pick up their visas. Having the waiver in hand will allow them to depart knowing that they will almost certainly be able to return, officials said. The agency is also seeking to sharply streamline the process to cut down the wait times for visas to a few weeks at most.

“The goal is to substantially reduce the time that the U.S. citizen is separated from the spouse or child when that separation would yield an extreme hardship,” said Alejandro Mayorkas, the director of the immigration agency.

On Friday January 6, 2012, the agency will publish a formal notice in the Federal Register that it is preparing a new regulation governing the waivers. But agency officials, speaking on condition of anonymity on Thursday before the proposal was formally announced, stressed that this was only the beginning of a long regulatory process that they hoped to complete by issuing a new rule before the end of this year (2012).

http://www.nytimes.com/2012/01/07/us/path-to-green-card-for-illegal-immigrant-family-members-of-americans.html?_r=1&smid=fb-share

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"U.S. Citizenship and Immigration Services (USCIS) intends to change its current process for filing and adjudication of certain applications for waivers of inadmissibility filed in connection with an immediate relative immigrant visa application. Specifically, USCIS is considering regulatory changes that will allow certain immediate relatives of U.S. citizens to request provisional waivers under section 212(a)(9)(B)(v) of the Immigration and Nationality Act of 1952, as amended (INA or Act), 8 U.S.C. 1182(a)(9)(B)(v), PRIOR TO DEPARTING the United States FOR CONSULAR PROCESSING of their immigrant visa applications." - FR Doc. 2012-140 Filed 01/06/2012 at 8:45 am; Publication Date: 01/09/2012.

Immigrant Visa processing in India is centralized to two consulates: Mumbai and New Delhi.

2012-01-05T13:09:00.001-06:00

Mission India has centralized immigrant visa processing in two locations, Mumbai and New Delhi. As of this week Consulate General Chennai will no longer process IV petitions.

Read more at http://chennai.usconsulate.gov/immigrantstous.html

SCAM Alert: telephone scam targeting refugees from Bhutan.

2012-01-05T12:42:00.000-06:00

From: Office of Refugee Resettlement (ACF)
Sent: Tuesday, January 03, 2012 2:09 PM
Subject: FYI: Warning of telephone grant scam targeting refugees
Importance: High

Dear friends,

The Office of Refugee Resettlement (ORR) has been alerted to a new telephone scam apparently targeting Bhutanese refugees. A man identifying himself as a representative of the “Federal Grants Department” calls from a Washington, DC-based telephone number, (202) 436-9601, informing recently resettled refugees that they are eligible to receive $10,000 because they are refugees from Bhutan . To claim the money, they are instructed to produce a money order for $650, and call the telephone number for further instructions on where to send the money.

Be advised that this is NOT a legitimate solicitation.

At least one refugee has been coerced into making multiple payments as “processing fees”, totaling more than $5,000.
So far, reports are localized in Texas , but ORR advises everyone to be aware of this scam and avoid giving any personal information or payments to unknown callers.

Please note that the federal government does not demand processing fees or security deposits from grant recipients. If you are the target of a suspicious request, please contact your local police or resettlement agency for further assistance.

Please share widely within your own networks.

Thank you,
ORR

Creative solution: Canadian man was allowed to travel to U.S. using a copy of his passport on iPad.

2012-01-04T15:30:00.003-06:00

A Canadian man who forgot his passport at home found a new way to gain entry to
USA — using a scanned copy of his Canadian passport on his iPad. And he was
allowed to enter the U.S. (after only 5-6 minutes wait) and to re-enter Canada
the same day.

"I see the future as 100 percent being able to cross with your identity on a
digital device — it's just a matter of time," he said.

http://www.usatoday.com

---------------

In official statement released on Jan 4, 2012, the CBP denied that a Canadian citizen was allowed to enter the USA using a scanned copy of his passport on an iPad.

"The assertion that a traveler was admitted into the U.S. using solely a scanned image of his passport on an iPad is categorically false. In this case, the individual had both a driver's license and birth certificate, which the CBP officer used to determine identity and citizenship in order to admit the traveler into the country.

Since June 1, 2009, U.S. and Canadian citizens entering the U.S. by land or sea from within the Western Hemisphere are required to present a valid, WHTI-compliant document, which includes a passport, U.S. Passport card, Trusted Traveler card (NEXUS, SENTRI, FAST/EXPRES, or Global Entry), or enhanced driver's license/enhanced identification card. Scanned or digital images of WHTI-compliant documents are not accepted forms of identification. If a traveler does not present WHTI-compliant documents, CBP officers must determine identity and citizenship using a variety of other means, or deny entry."

http://www.cbp.gov/xp/cgov/newsroom/news_releases/national/01042012_2.xml

U.S. citizen 14-year old girl from Dallas, TX, mistakenly deported to Colombia.

2012-01-04T15:27:00.000-06:00

Dallas 14-year old African-American teen missing since fall 2010 was
"mistakenly" deported by ICE to Colombia in April 2011. Another U.S. citizen
mistakenly deported.

Read more at
http://www.wfaa.com/news/texas-news/Dallas-Teen-Is--Mistakenly-Deported--1366265\
33.html

DV-2013 Green Card Lottery Registration Period Ends on November 5, 2011.

2011-10-23T13:11:00.000-05:00

The registration period for the DV 2013 Green Card Lottery ends on November 05, 2011 at Noon EST.

Registration should be done online at the official U.S government website: www.dvlottery.state.gov. This is the only website accepting DV Lottery entries. You should include all required information and details in order to qualify for lottery.

Please note that if you are living in the United States illegally as undocumented immigrant or overstayed your visa, you may be ineligible for a visa (green card) even if selected as a winner in the DV (Green Card) Lottery.

Mayor of D.C. reaffirmed that D.C. police will not cooperate with ICE in determining local residents' immigration status.

2011-10-21T22:27:00.000-05:00

On October 19, 2011, D.C. Mayor reaffirmed that District police will not cooperate with Immigration and Customs Enforcement (ICE), leaving it up to federal immigration officials to determine on their own whether a resident is in the country illegally. Under the new guidelines, D.C. police and corrections officials will not ask those they come in contact with about their immigration status; and will not enforce an ICE detainer or warrant issued against someone who has not committed another crime.

http://www.washingtonpost.com/local/dc-politics/dc-wont-cooperate-with-federal-immigration-enforcement-mayor-says/2011/10/19/gIQAznSpyL_story.html

19 U.S. Senators wrote to Pres. Obama asking to stop new Immigration Policies on Prosecutorial Discretion.

2011-10-01T21:45:00.000-05:00

On September 26, 2011, 19 U.S. Senators are questioning the Obama
administration's Immigration policies that "go beyond the scope of the law and
allow people who have broken our laws to remain in the country."

The Senators are demanding that the Obama administration stop the bypassing of
Congress with regard to immigration policies that circumvent Congressional
jurisdiction and authority.

In a letter sent to President Obama, the Senators cite a June 17th memo and an
August 18th directive which outline and encourage increased use of prosecutorial
discretion and administrative closure of cases pending before the courts.

See full text of the letter here
http://grassley.senate.gov/judiciary/upload/Immigration-09-26-11-letter-to-Presi\
dent-on-Backdoor-Amnesty.pdf

Leading the charge is Iowa Senator Chuck Grassley, who said, "The administration
has repeatedly ignored and dismissed our reservations with its policies that
circumvent Congress and provide a safe-haven for illegal immigrants. Its
policies ignore the rule of law and take the powers provided to the
administration to an entirely new level,"

"We write to express serious concern about your immigration policies and ask
that you require the Department of Homeland Security to overturn recent
directives regarding the increased use of prosecutorial discretion. We also
request that the Administration halt any initiative, whether through regulation
or otherwise, that circumvents Congress or aims to ensure that illegal
immigrants are afforded every possibility to remain in this country," the letter
begins.

"After the release of the June 17th Immigration and Customs Enforcement (ICE)
memorandum, which called for the increased use of prosecutorial discretion,
several members of the Senate wrote to Assistant Secretary John Morton. While
prosecutorial discretion is justifiable in certain cases, this initiative may
result in an impermissible intrusion on Congress's plenary authority over
immigration law. Accordingly, we asked Assistant Secretary Morton to rescind the
memorandum outlining ICE's prosecutorial discretion policies. That request has
been ignored," the letter continues.

"We are also concerned that the initiative announced by Secretary Napolitano on
August 18th will result in the administrative closure of an untold number of
cases currently pending before our immigration and federal courts. In
combination with the June 17th ICE memo, these new policies send the message
that your Administration is turning a blind eye to those who have broken our
immigration laws. We are also concerned that these policies appear to be a
direct attempt to categorically legalize those who are unlawfully in the country
and to allow undocumented individuals to remain in violation of the law without
fear of apprehension or deportation. The security of our country depends on our
ability to prevent unlawful entry and to respond when such criminals have
overstayed their visa or avoided inspection. These policies have the potential
to undermine the rule of law and threaten our nation's security," the Senators
declared.

The letter states the Executive Branch is not entitled to bypass… Congress by
administrative fiat.

"While we appreciate Secretary Napolitano's assurances that these initiatives
will not provide categorical relief for any group, we remain concerned about
statements being made by certain advocates and members of Congress. For example,
in a September 20th speech on the floor of the U.S. Senate, Senator Dick Durbin
stated that these initiatives "pave the way" for DREAM Act students. He further
stated that "[the Administration] said recently that those eligible for the
DREAM Act, good moral character, graduates of high school and pursuing college
degrees are not going to be their targets." The United States Senate and the
American people have rejected the DREAM Act and the Executive Branch is not
entitled to bypass that determination by administrative fiat"

Obama has been quoted saying, "Believe me, the idea of doing things on my own is
very tempting. I promise you not just on immigration reform. But that's not how
our system works,"

The letter addresses that statement: "…in a recent speech before the
Congressional Hispanic Caucus Institute, Congressman Luis Gutierrez stated:
"[President Obama] said, `But I can't bypass Congress,' and people in the
audience said, `Yes you can,' and you want to know something? They were right –
he could and he did." Such statements will only create a rush to the border and
encourage the undocumented population to come forward in hopes of receiving a
benefit."

The Senators ask Obama to correct the path this policy is on. "We request that
you promptly rescind these initiatives, dismantle the working group designed to
identify "low priority" cases before our immigration and federal courts, and
direct the agencies within the Department of Homeland Security to abide by our
Nation's immigration laws. We also ask that you make Secretary Napolitano
available to members of the Senate for questioning about the Department's
immigration enforcement policies, including granting parole, deferred action,
and prosecutorial discretion to keep unlawful immigrants in this country."

"It is unjustifiable for the Administration to sidestep Congress to implement
policies that are contrary to the law and the wishes of the American people,"
the letter states.

Read at
http://libertynews.com/2011/09/29/19-senators-tell-obama-to-stop-bypassing-congr\
ess/

Work Permit, EAD, for immigrants who were granted Deferred Action under new DHS Enforcement Policy 08/18/2011. ICE FAQs published 08/30/2011.

2011-08-30T18:13:00.000-05:00

Work Permit for immigrants who are granted Deferred Action, FAQs published by ICE on 08-30-2011:

Will beneficiaries of an exercise of prosecutorial discretion automatically receive work authorization?

No. Nothing about this process is automatic and nobody who goes through this process is automatically
entitled to work authorization. Per longstanding federal law, individuals affected by an exercise of
prosecutorial discretion will be able to request work authorization, including paying associated fees, and
their requests will be separately considered by USCIS on a case-by-case basis.

http://www.ice.gov/doclib/about/offices/ero/pdf/immigration-enforcement-facts.pdf

USCIS switches to electronic forms & filing: new rule effective date November 28, 2011.

2011-08-29T19:00:00.002-05:00

Say goodbye to traditional immigration processing forms.

08/29/2011

In preparation for a long-delayed transition to online processing of immigration
applications, the Homeland Security Department has released new rules for
describing forms and filing procedures in official policies.

The 43-page federal notice published Monday instructs the U.S. Citizenship and
Immigration Services, a unit of DHS, to stop typing on documents the traditional
numbers and titles for various benefit claims, such as "Application for
Naturalization, form N-400." Instead, to accommodate the new computerized
Transformation system, USCIS policies and rules will carry more generic phrases,
such as "the form designated by USCIS."

Rule effective date is November 28, 2011.

The goal of the $2.4 billion Transformation program, according to the
guidelines, is to improve customer service by offering applicants online
accounts for submitting and tracking their cases. Agency employees also should
be able to work faster because they will be collaborating on documents
electronically, rather than physically transferring folders between offices.
USCIS receives about 6 million forms annually.

All this digitization should tighten security by enabling staff to cross-check
information from multiple applications so they can better detect identity fraud,
DHS officials said.

http://www.gpo.gov/fdsys/pkg/FR-2011-08-29/pdf/2011-20990.pdf and
http://www.nextgov.com/nextgov/ng_20110829_3929.php

August 18, 2011 DHS Deportation or Prosecutorial Discretion New Policy is NOT an Amnesty: you can NOT apply for a work permit or ANY status under this policy at this time.

2011-08-21T15:12:00.001-05:00

In view of August 18, 2011, public announcement by the DHS, the American Immigration Lawyers Association issued the following warning:

WARNING!

Do NOT believe anyone who tells you they can sign you up for a work permit
(Employment Authorization Document or “EAD”) or get you legal status
based on the Secretary Napolitano’s August 18, 2011 announcement!
Anyone who says that is not to be trusted!

There is NO “safe” way to turn yourself in to immigration and there is NO
guarantee that your case will be considered “low priority.” ANY person who
comes into contact with immigration authorities may be arrested, detained
or even removed.

Only a QUALIFIED IMMIGRATION LAWYER can evaluate your case and tell
your about your rights.

Do NOT seek legal advice from a notario or immigration consultant.
For more information about avoiding immigration scams go to
www.StopNotarioFraud.org

What the new policy is NOT:

** The Obama Administration announcement is NOT an
amnesty, it is NOT about granting legal status, and is NOT
something that you can sign-up for!

The Obama Administration made very clear that the announcements do NOT
provide any way to “apply” for a work permit or “EAD” nor is there a new way to
apply to remain in the United States. The change announced is not about giving
people work permits or legal status. The announcement applies ONLY to cases
already in the system, ensuring that low priority cases do not continue to clog
up an already overburdened immigration court system.

***What the new policy IS:

The Obama Administration announced the creation of a high-level working group made
up of Department of Homeland Security and Department of Justice officials who are to
do the following:

** Review all cases already pending before the immigration courts. Those that are
considered “low priority” may be administratively closed. Those that are
considered a “high priority” will be prosecuted more aggressively.

** There are no rules or guarantees that a particular type of case will be considered
a “low” or “high” priority. Recent guidelines are helpful, but no one can tell you if
your case is a low priority--only immigration authorities will make that decision.

** In the future, immigration authorities will review the cases people before they are
placed in removal proceedings. Those that are “low priority” may not be referred
to the immigration court.

**Create department-wide guidance to help USCIS, CBP, and ICE agents and
officers make better, more consistent decisions about who to place in removal
proceedings.
** Issue guidance on providing discretion in compelling cases for persons who
already have a final order of removal.

In other words, the August 18, 2011 announcement was preliminary and nothing has been
implemented yet. Any details about how the review process will work, what cases will
be considered low priority or how to have a particular case considered have not been
decided.

The best course of action is to consult an immigration lawyer or accredited
representative, not to take action because a friend, neighbor or coworker
encourages you to act.

Even if a friend, neighbor or coworker encourages you to act, do NOT try to contact
immigration authorities or fall for a scam!

NOTE: At this time, there is NO application to fill out, NO form that can be filed, NO filing fee that can be paid and NO guidance from immigration authorities AT ALL as to how the review of cases
will happen.

Eventually, as the government decides how to proceed, that information
should be available from official government websites, such as USCIS.gov .

Read at http://www.aila.org/content/default.aspx?docid=36705

Warning: beware of DV Lottery (Green Card Lottery) scams, E-mail scams.

2011-07-21T09:11:00.000-05:00

Have you or someone you know recently received an e-mail claiming you’ve won the Green Card lottery and asking you to send or wire money?

Don’t fall for it – the sender is trying to steal your money!

Fraudsters will frequently e-mail potential victims posing as State Department or other government officials with requests to wire or transfer money online as part of a “processing fee.” You should NEVER transfer money to anyone who e-mails you claiming that you have won the Diversity Visa (DV) lottery or been selected for a Green Card.

These e-mails are designed to steal money from unsuspecting victims. The senders often use phony e-mail addresses and logos designed to make them look more like official government correspondence. One easy way to tell they are a fraud is that the e-mail address does not end with a “.gov”.

One particularly common fraud email comes from an address ending in @diplomats.com or @usa.com and asks potential victims to wire $819 per applicant/family member via Western Union to an individual (the name varies) at the following address in the United Kingdom: 24 Grosvenor Square, London W1A 1AE. If you receive this email, do NOT respond. Report it immediately to the Internet Crime Complaint Center and the Federal Trade Commission onlineor by calling 1-877-FTC-HELP (1-877-382-4357).

For more information on this type of fraud and how to avoid and report it, please see the Department of State’s fraud warning and the Federal Trade Commission’s consumer alert on the matter.

For more information about the Diversity Visa Program, seehttp://www.dvlottery.state.gov/ and review the Department of State’s Travel.State.Gov DV Instructions webpage.

Read at: http://blog.uscis.gov/2011/03/e-mail-scam-avoid-green-card-lottery.html

New results from DV 2012 Green Card Lottery to be released today July 15, 2011 at 12:00 M EST.

2011-07-15T10:08:00.001-05:00

The results from the 2012 Diversity Visa Lottery will go online today at noon, 12:00 PM EDT. Please use your confirmation number from registration to check the results at:

http://www.dvlottery.state.gov/

How to avoid most common mistakes many new immigrants make.

2011-07-08T18:54:00.000-05:00

To avoid the most common mistakes when dealing with immigration matters follow these easy steps:

If you hire a lawyer, hire a licensed attorney and not an unauthorized “notario” or other unqualified “immigration consultant”. You should be aware that there are many people who pretend being lawyers or attorneys. They can charge you even more than a licensed lawyer would, saying that you got a bargain doing business with them. These people are committing fraud and unauthorized practice of law. A “notario” or “immigration consultant” is not a lawyer. A “notario” can only notarize documents, but cannot give you legal advice or help to complete any immigration forms or applications. The main reason for this is that notaries are not educated and not qualified as lawyers (with exception of those notaries who are also attorneys), and therefore are not authorized to provide legal advice or legal help. Oftentimes, they can hurt your situation beyond any help. Please be aware.
Mail everything to USCIS by Certified Mail with Return Receipt, or by FedEx or other private carriers where you can ensure that you have the guaranteed delivery. Don’t try to save money, but make sure that your application is delivered and was accepted by USCIS.
All foreigners living in USA (even permanent residents) must notify the USCIS / DHS of their address changes within 10 days. It’s advisable to do that either online at https://egov.uscis.gov or by Certified Mail by mailing the form AR-11 to an appropriate address. Please make sure you keep all the receipts and confirmations of the address change online.
Keep a copy of everything you mail to the USCIS. If you have a lawyer, they should keep a copy of everything submitted. Many lawyers give you copies of the applications and petitions submitted, and copies of the most pertinent documents mailed to USCIS.
Take the time to organize your immigration papers and put them in a safe place (e.g. safe deposit box or a relative’s house) where you will be able to find them in a few years if needed. If USCIS says that you never sent them something, you will be able to prove that you did. Also, any future lawyers you might hire will want to see what was filed and done with your case in the past. Your notices from the USCIS will have code numbers on them which are very handy in checking the status of your case.
You are required by law to carry your green card or non-immigrant visa and I-94 card with you. Make copies of these important documents and keep them at a safe place. Memorize or write down you A number (Alien Registration Number) and your SSN (Social Security Number). Keep the copies of the “green card” in a safe place in case you lose the card, it’ll make it easier to renew it.
Do not carry your Social Security Card with you. It’s not required by law. Memorize the number, and keep the card in the safe place. You might need to replace the card if you marry and change your name, or become a lawful permanent resident, or US citizen in the future.
Keep Proof of all payments made to USCIS. Be sure to keep your money order stub, or copies of the checks or other proof of payment with your other immigration documents.
Write Your Name and Alien Registration Number (A#) on Everything You Send to USCIS (letters, forms, applications).
If you live and work in the United States, you shall pay your taxes, even if you are currently out of status or illegally in the country or don't have a social security number. You can apply for a taxpayer identification number (TIN) for yourself and your spouse and children, if they don’t have SSN, so you can file your tax returns and list them as your dependents. In the future if you find a way to apply for a green card or adjust your status the government will ask to see your tax returns.
Never drink and drive; don’t do or deal in drugs; don’t get arrested; don’t commit crimes. These simple rules apply to every foreign national in the USA, even those who are permanent residents (“green card holders”) because even a permanent resident can be deported and lose his or her status (green card).
Finally, remember, when you sponsor someone for permanent residency in the USA and sign the Affidavit of Support, form I-864, this is a legal and enforceable contract, and your obligations of support can continue even after divorce.

Read full article at http://www.law-visa-usa.com/common_mistakes.html