[February 15, 2008]

NEW GUIDELINES ON DELAYS IN CHECKING NAMES¡¦.

END OF DELAY?

            USCIS will continue to request name checks from the FBI once the I-485, I-601, I-687 and I-698 applications are received; however, the FBI has ¡°committed¡± to provide name check results within 180 days of receiving requests.  Per the new memo: If the name check result has been pending for more than 180 days, the adjudicator shall approve the application and issue a Green Card.

            Even after the Green Card has been issued, CIS will continue to hold the applications until the name checks are completed and if there is any derogatory information, CIS will decided whether to initiate recission or removal.

DENYING LEGAL COUNSEL

            The U.S. Court of Appeals for the Ninth Circuit held that an Immigration Judge who denies the petitioner his statutory right to have an attorney in refusing to grant a continuance (postponement) to allow the alien¡¯s new lawyer to familiarize himself with the case in a case where the previous lawyer failed to give the alien effective legal assistance, constitutes a denial of due process.

POVERTY INCOME GUIDELINES FOR 2008

            The Department of Health and Human Services published updated guidelines for 2008.  They are used to determine eligibility to immigrate a family member since sponsors must establish that they earn at least 125% of the poverty income guidelines.

            2008 Poverty Income Guidelines for All States (Except Alaska & Hawaii) and the District of Columbia and 125% of Poverty

      Size of Family Unit               100% of Poverty Line        125% of Poverty Line

For family units with more than 8 members, add $4,500 for each additional member in measuring 125%.

HUMAN RIGHTS WATCH REPORT

            The Human Rights Watch (HRW) issued a report urging the U.S. Department of Homeland Security (DHS) to upgrade its care and treatment of immigrant detainees with the human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS).  Nearly 30,000 immigrants are detained in hundreds of prisons, jails and immigration detention centers throughout the U.S., and yet ¡°the U.S. government has no idea how many of these immigrants have HIV or AIDS, how many need treatment, and how many are receiving the care that is necessary.¡±  HRW alleges that detention facilities which housed immigrants with HIV infection failed to consistently deliver anti-retroviral medications, conduct necessary laboratory tests, ensure continuity of care, and ensure confidentiality or protection from discrimination.

PETITIONER¡¯S DEATH DOES NOT AFFECT SPOUSE¡¯S PETITION

            The U.S. District Court for the Northern District of Ohio, Eastern Division, has joined the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Courts for the District of New Jersey and the District of Massachusetts in holding that an I-130 petition filed on behalf of an alien by a U.S. spouse survives the death of the petitioning spouse notwithstanding the government¡¯s long-standing position to the contrary.

PROVING U.S. CITIZENSHIP

            Effective January 31, 2008, immigration officers at land and sea ports of entry will no longer allow travelers claiming to be U.S. or Canadian citizens to establish citizenship by relying only on an oral declaration.  They recommend that such travelers show a valid, unexpired passport.  An expired passport with additional documentation, may also be accepted.  International travelers must present a valid passport.

PROBLEMS TRAVELERS  MAY EXPERIENCE UPON ARRIVAL IN THE U.S.

            The United States Customs and Border Protection (CBP) agency screens all arriving people, goods and vehicles to make sure that they meet all requirements for entry into the United States.  The CBP officer may request specific, detailed information about your travel, inspect your baggage, or may conduct a personal search.

            You may be subjected to an inspection for a variety of reasons including but not limited to:

¡¤                    Your travel documents are incomplete, or you do not have the proper documents or visa;

¡¤                    You have previously violated one of the laws CBP enforces;

¡¤                    You have a name that matches a person of interest in one of the government¡¯s enforcement databases; or

¡¤                    You have been selected for a random search.

A search may not be made on any discriminatory basis (e.g., solely based on race, gender, religion, ethnic background)

DEPARTMENT OF HOMELAND SECURITY

TRAVELER REDRESS INQUIRY PROGRAM (DHS TRIP)

            DHS TRIP provides a single point of contact for individuals who experience repeated referrals for security screenings or who believe that they have been denied boarding or entry into the United States because of inaccurate or incorrect information about them in law enforcement records, or because they have been confused with someone who is a concern to U.S. authorities.

DELAYED CITIZENSHIP

            Have you been waiting long for U.S. citizenship?  There is hope.

            U.S. CIS is inviting back 700 retired immigration officers to help handle the big pile of citizenship applications (Form N-400) lying around in immigration offices.

            The government will pay these workers both their full salary and their full pensions, to enable the 1 -2 million Legal Permanent Residents who applied for citizenship to achieve their dream.

            This process of rehiring retired workers is just beginning.  It is to be expected that within 3 months we¡¯ll see some progress in this area.  Maybe in six months there will be real relief.

            Don¡¯t lose hope.