[January15, 2006]

H-1B and L-1 workers and their spouses and minor children are eligible to recapture days spent outside the United States and extend their H-1 or L status by the same amount of time.  The time spent abroad may be for any purpose, i.e., personal, like vacation or professional, like business.

An applicant for adjustment of status whose application has been pending for more than 180 days can only rely on the I-140 portability rule which means that the worker can proceed with his or her adjustment application with a different employer if the original I-140 petition is approvable.  If that I-140 is denied while the adjustment is pending - even if 180 days have passed - the adjustment application will be denied.

Who Can Be Classified As A Religious Worker?

            To be classified as a religious worker:

1.                  A person  must have been a member, for at least two years preceding the application for admission of a religious denomination having a bona fide nonprofit, religious organization in the U.S.?

2.                  The person must seek to enter the U.S. solely for the purpose of carrying on the vocation of a minister of that religious denomination?

3.                  In order to work for that organization at the request of the organization in a professional capacity in a religious vocation or occupation, or,

4.                  In order to work for the organization that is affiliated with the religious denomination and is exempt from taxation in 501(c)(3).

5.                  Has been carrying such a vocation, professional work or other work continuously for at least two years period.

Religious vocation is defined as a calling to religious life evidenced by the demonstration of commitment practiced in the religious denomination such as taking vows.

            The U.S. ratified the UN Convention on Organized Crime and Protocols on human trafficking and smuggling.

            The Convention Against Transnational Organized Crime (TOC) represents the first legally-binding multilateral agreement that specifically targets transnational organized crime.  It requires parties that have not already done so to adopt legislation criminalizing certain conduct typically associated with organized crime and provides a framework for international cooperation among the parties to assist each other in investigating and prosecuting transnational organized crime.

Following the September 11 attacks, the Transportation Security Administration (TSA) assumed responsibility for what has become known as the NO FLY LIST.  The Federal Government also maintains a Selectee List of individuals who must undergo additional screening before being permitted to fly.  Collectively, these lists are referred to as Watch Lists.

            TSA compiles the Watch Lists based on recommendation and information received from Federal agencies including intelligence and law enforcement agencies.  TSA requires airlines to verify each passenger¡¯s name against the Watch Lists prior to clearing that person for travel.  TSA¡¯s special clearance procedures apply only to persons affected by the Watch Lists.  There are other reasons, however, why a passenger may experience delays such as random selection for additional screening.  Anyone that has issues to clear can contact a toll free # (866)289-9673 or e-mail at TSA-ContactCenter@dhs.gov.

            Once an adjustment of status application is approved, the Immigration Officer requests an alien resident card (Green Card) that should be received in 7 - 10 days.  Only under extreme circumstances will immigration extend a special travel document.  If the card is not received within ten days, an Infopass appointment should be made to obtain a passport stamp.

            A new law requires U.S. citizens filing K petitions (fiancé) to disclose criminal background information to international marriage brokers and to immigration.  Relevant crimes include domestic abuse crimes, other violent crimes and multiple convictions for substance and alcohol abuse.  Such information will have to be transmitted along with results of any database search to the foreign fiancé or spouse.

            Another change prevents U.S. citizens from sponsoring multiple foreign fiancés and/or spouses.

            Consulates abroad will not be able to issue a K visa if the U.S. citizen has previously filed two K visa petitions and less than two years have passed since the date of filing of the most recent K visa petition.

The law also creates a government database to track several K petitions filed by some U.S. citizen petitioners.