by Cyrus Mehta* During my recent trip to Mumbai, India, the media that covers US immigration matters was very interested in knowing more about the new Petition Information Management System (PIMS) and the likely delays that it could cause to visa applicants. On Friday, January 11, 2008, I met with Michael J. Carver, Vice Consul, […]
Headlines: 1. U.S. Chamber of Commerce Challenges Legality of E-Verify Requirement for Federal Contractors – The U.S. Chamber of Commerce filed a lawsuit against the DHS challenging the legality of requiring federal contractors to begin using E-Verify by January 15. 2. DHS Issues Interim Rule on I-9 Verification Documents – The interim rule, among other […]
Headlines: 1. Rhetoric on Support for Science Doesn’t Match Reality of Appropriations – The appropriations bill signed into law in December included meager funding for advances in scientific research rather than the more substantial increases that had been expected. 2. Department of State To Begin Issuing Passport Cards – The final rule provides for a […]
by Patricia Mann* Ex post facto laws retroactively change the legal consequences of acts, or the legal status of facts and relationships that existed prior to the enactment of the law. Justice Joseph Story, a member of the Supreme Court in the early 19th Century, defined a retroactive statute as “taking away or impairing vested […]
by Cyrus D. Mehta* A. Introduction In an era of heightened enforcement against noncitizens, naturalization offers a number of important benefits such as the right to vote and also immunity against deportation. While naturalization appears to be a relatively simple process, it also has many pitfalls. The attorney must carefully evaluate the client’s eligibility for […]
by Cyrus Mehta* At the AILA-NY Chapter Conference on December 13, 2007, Michael Aytes, Associate Director Emeritus, Domestic Operations Directorate, USCIS, provided interesting perspectives of what USCIS has in store for us in the coming months. The other panel members were Sharon R. Mehlman, AILA SCOPS Liaison Committee Chair, and Shawn A. Orme, AILA USCIS […]
by Adam Ketcher* Recently, the American Immigration Lawyer’s Association announced that during a meeting with Secretary of Homeland Security Michael Chertoff, he indicated U.S. Citizenship & Immigration Services (USCIS) and the Federal Bureau of Investigation (FBI) have re-examined their existing name check system and developed strategies to process security clearances more quickly.1 Secretary Chertoff confirmed […]
Headlines: 1. No-Match Letters Will Not Be Sent This Year, SSA Says – The SSA will not send out no-match letters this year to employers, in response to a preliminary injunction. 2. USCIS Releases New Form I-9 – USCIS has revised the I-9 Employment Eligibility Verification Form as a first step toward achieving the document […]
by Cyrus D. Mehta * As hundreds of thousands of would be immigrants filed adjustment of status applications during the window between July 17, 2007 and August 17, 2007, it is unlikely that cut-off dates in the Employment-based Second (EB-2) and Third Preferences (EB-3) will advance very rapidly. For instance, the State Department Visa Bulletin […]
by Cyrus D. Mehta* Section 6 of the Child Status Protection Act (CSPA)1 allows beneficiaries of I-130 petitions that have been converted from the Family Second Preference (F2B) to the Family First Preference (F1), after the parent has naturalized, to opt out and remain in the F2B.2 It is possible for the F1 to be […]
