New Appointment Service for U.S. Consular Services in Canada

August 31st, 2010
Important Service Transition Announcement for All Visa Applicants

The US Mission in Canada is transitioning to a new appointment service for applicants applying for a visa to come to the United States. As of September 1, 2010, all services � including calling for information and scheduling an appointment � will be provided for no additional cost, with no requirement that applicants pay phone charges or PIN numbers to access such services. Starting September 1, 2010, applicants will visit CSC Visa Information Services to either obtain information online or via telephone on how to start their application for a U.S. visa at a consular section in Canada.

We want to ensure that applicants already in the scheduling process are not negatively impacted by the change. In order to ensure you receive the visa services you have paid for, please review the guidance below regarding transition timetables.

Applicants who have already scheduled an appointment at a U.S. consulate on or after September 1, 2010 through NVARS

If you have already scheduled to attend an appointment through NVARS, please pay your MRV fee prior to September 1, 2010 and bring your Scotiabank receipt with you to your appointment. If you have not already scheduled an appointment, we recommend that you wait until September 1, 2010 or later to pay the MRV fee and register through the new service.

Applicants who have paid their MRV Fee prior to September 1, 2010, but have not scheduled for an appointment

Beginning September 1, 2010, you will be required to pay your MRV fee prior to scheduling an appointment. As stated above, we recommend that applicants who have not started their application process wait until after September 1, 2010, to pay their MRV fee and schedule an appointment under the new, no-cost service.

If you have paid your MRV fee prior to September 1, 2010, but have not scheduled an appointment, there will be a grace period from September 1, 2010 until October 1, 2010 during which you can still use your MRV fee for appointment scheduling. If you have not scheduled an appointment prior to October 1, 2010, you will have to pay the MRV fee again through the new service in order to schedule an appointment. If on September 1, you find that you have paid your fee but not scheduled your appointment, please visit CSC Visa Information Services for assistance.

Thank you for your cooperation and understanding throughout this transition. We hope that this improved new service will be a benefit for our customers.

Disabled refugees face loss of Social Security benefits

August 31st, 2010

The Miami Herald
 

Disabled refugees face loss of Social Security benefits

 
C.M. GUERRERO / EL NUEVO HERALD STAFF
Eustacio Guevara is among almost 4,000 refugees from Cuba and other countries scheduled to lose Social Security disability aid Oct. 1.

Eustacio Guevara spent 14 years in Cuban jails as a political prisoner and when he finally got a visa to relocate to the United States as a refugee in 2000 he thought he would live out his days in Miami free of worries or fears.

“It was like a dream come true,'' Guevara, 61, told El Nuevo Herald earlier this month in an interview at his home in Miami's Allapattah neighborhood.

But Guevara's dream may become a nightmare.

Guevara is among almost 4,000 refugees from Cuba and other countries scheduled to lose Social Security disability aid Oct. 1 because they are in violation of a federal law that requires disabled foreign refugees to become citizens within seven years of arrival if they want to continue receiving Supplemental Security Income, or SSI.

LETTER OF WARNING

This month, Guevara received a letter from the Social Security Administration warning that his $505 monthly SSI check may end.

Mark Hinkle, a Social Security Administration spokesman, said a maximum of 3,800 refugees could lose their SSI by the cutoff date. One possible temporary solution for some recipients, he said, would be to show the agency documents demonstrating they have applied for citizenship, in which case benefits would be extended a year.

Mark Hetfield, senior vice president for policy and programs at the Hebrew Immigrant Aid Society, said if Congress doesn't extend the requirement, as many as 37,000 elderly or disabled refugees could lose their benefits over a 10-year period. Hinkle said he could not confirm figures beyond the 3,800 by Oct. 1.

Hetfield said the Obama administration may propose another temporary extension, but he said a permanent solution would require stripping legislation of the citizenship clause.

“We all encourage citizenship, but not by saying if you don't naturalize we will throw you out on the street,'' Hetfield said. “These are refugees and asylees fleeing from political persecution and when they are more vulnerable and more elderly we pull the rug out from under them.''

Oscar Alvarez, a staffer in an immigrant aid organization helping Guevara, estimated the number of Cuban refugees who could be affected by the cutoff to be in the hundreds. Hetfield said that though he had no specific figures, Florida led the country in the number of people who could be affected and that the largest contingent came from Cuba and the former Soviet Union.

This is only the latest instance since a 1996 law that requires citizenship that disabled foreign refugees face a cutoff of their benefits.

In 2003, a similar situation developed when the first wave of refugees to arrive since the welfare-reform law took effect reached the seven-year maximum.

Originally, the law set a five-year limit for SSI-qualified foreign refugees to become citizens, but the deadline was then lengthened to seven years because at the time immigration authorities took more than a year and often more than two years to process naturalizations.

TWO-YEAR REPRIEVE

At then-President George W. Bush's urging, Congress in 2008 agreed to a two-year reprieve of the benefits' cutoff date — until Oct. 1.

The threat of losing his chief source of income hit Guevara earlier this month when the Social Security warning letter, dated Aug. 2, arrived in the mail. Guevara is now being assisted in efforts to avoid loss of his benefits by Miami-based Florida Immigrant Advocacy Center, FIAC.

“The problem for many of these disabled refugees is that not everyone has access to an organization like FIAC or money to pay an attorney to represent them,'' said Alvarez, the FIAC staffer assisting Guevara.

Guevara was admitted as a Cuban refugee in 2000 because in 1967 he was arrested in Cuba on charges of working against the government. He was sentenced to 20 years but served 14. He says he was regularly beaten.

Guevara arrived in December 2000 and moved in with a relative in Allapattah. Eventually he moved to his current small apartment where he lives with his wife.

A doctor certified Guevara as nearly blind and disabled and as a result he began receiving an SSI monthly check, first for $478 and now for $505.

Like many other elderly or disabled refugees before him, Guevara did not become a citizen within seven years of arriving for multiple reasons. Many refugees believe they cannot become citizens unless they speak English; many can't pay the filing fee; or they are simply unaware of the requirement.

Citizenship for green-card holders is not mandatory.

The most important factor for Guevara, he said, is that no one told him he had to become a citizen, and no one gave him a deadline to do so. Also, he had no green card until a few months ago.

Alvarez also is assisting Guevara in filing for citizenship. Last week, Alvarez gave Guevara a letter to show Social Security officials that he is making a “good-faith effort'' to speed naturalization.

Alvarez said it was possible Social Security officials would reconsider cutting off SSI benefits for people who are in the process of naturalization.

Alvarez also has filed an appeal on Guevara's behalf with the Social Security Administration asking that the cutoff of benefits be reconsidered.

For now, Guevara is fearful that come Oct. 1 he will not be able to pay his rent and that the landlord will evict him.

“I don't want to complain against the United States because this country has helped me immensely, but the reality is that I may be homeless,'' he said.

 

Hatian F-1 Students Eligible for Work Cards

August 31st, 2010

Haitian F-1 students experiencing severe economic hardship from the Jan. 12, 2010 Haiti earthquake eligible for employment authorization
"U.S. Immigration and Customs Enforcement (ICE) has approved special relief for certain F-1 Haitian students who have suffered severe economic hardship as result of the Jan. 12 earthquake in Haiti. This relief applies only to students who were lawfully present in the United States in F-1 status on Jan. 12, and enrolled in an institution that is certified by ICE's Student and Exchange Visitor Program. The suspension of certain regulatory requirements, by notice in the Federal register, allows eligible Haitian F-1 students to obtain employment authorization, work an increased number of hours during the school term, and, if necessary, reduce their course load while continuing to maintain their F-1 student status. F-1 students granted employment authorization by means of this notice will be deemed to be engaged in a full course of study if they meet the minimum course-load requirements specified in the notice."

Electronic Filing Required at the following Consular Posts

August 27th, 2010

The United States is now requiring electronic processing of cases at the following consulates:

  1. Ashgabat, Turkmenistan
  2. Ciudad Juarez, Mexico (if the case number starts with MEP)

These consulates allow the option of Electronic Case processing:

  1. Guangzhou, People’s Republic of China
  2. Montreal, Canada

The cases which are being electronically processed are:

  • CR1 Conditional Spouse of United States Citizen
  • CR2 Conditional Child of United States Citizen
  • IR1 Spouse of United States Citizen
  • IR2 Child of United States Citizen

Please do not send original documents to NVC if you are using electronic case processing, the original documents will have to be hand carried to the consulate and the NVC will not return original documents.

Below are links to the individual programs.


New online bankruptcy system exclusive to Geygan & Geygan, Ltd.’s clients

August 26th, 2010


We are pleased to announce the implementation of our online case management system for our bankruptcy cases.  For many years we have offered an online case management system to our immigration clients.  The feedback we have received from our immigration clients was very positive in that the online system allowed our clients to check on their case status, provide and retrieve information and ask and answer questions without concern of office hours and from the convenience of their own home.

After researching the issue, we have found a solution to allow us to give our bankruptcy clients the same access to their case.  Our client’s information and privacy is of utmost concern for our office and so the system we are using is the same one used by The World Bank, Mayo Clinic and Sun Microsystems.  The information is protected both physically and through state of the art web security.

Our system provides clients with the ability to select their own user names and passwords, to upload documents, review and update milestones, and to communicate at one time with the entire bankruptcy team.  While this system provides substantial information, the key factor we looked at was ease of use.  This is the most straightforward system we could find.  We are implementing this program on all new bankruptcy cases.  There is no additional cost to our clients, this is being provided free of charge to our clients.

This new service is one portion of our plan to provide our clients with the best possible service in the least intrusive manner.

Updated H-1B count

August 26th, 2010

As of August 20, 2010, approximately 33,900 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 12,600 H-1B petitions for aliens with advanced degrees.

2009 Yearbook of Immigration Statistics

August 26th, 2010

2009 Yearbook of Immigration Statistics
August 2010 (PDF 112 pages, 4.91 MB) – "The Yearbook is a compendium of tables that provides data on foreign nationals who, during the specified fiscal year, were granted lawful permanent residence, were admitted into the United States on a temporary basis, applied for asylum or refugee status, or were naturalized. The Yearbook also presents data on immigration law enforcement actions."

More fees for H-1Bs & L-1s

August 20th, 2010

WASHINGTON—On Aug. 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after Aug. 14, 2010, and will remain in effect through Sept. 30, 2014.

These additional fees apply to petitioners who employ 50 or more employees in the United States with more than 50 percent of its employees in the United States in H-1B or L (including L-1A, L-1B and L-2) nonimmigrant status. Petitioners meeting these criteria must submit the fee with an H-1B or L-1 petition
filed: • Initially to grant an alien nonimmigrant status described in subparagraph (H)(i)(b) or (L) of section 101(a)(15), or • To obtain authorization for an alien having such status to change employers.

USCIS is in the process of revising the Petition for a Nonimmigrant Worker (Form I-129), and instructions to comply with Public Law 111-230. To facilitate implementation of Public Law 111-230, USCIS recommends that all H-1B, L-1A and L-1B petitioners, as part of the filing packet, include the new fee or a statement of other evidence outlining why this new fee does not apply. USCIS requests that petitioners include a notation of whether the fee is required in bold capital letters at the top of the cover letter. Where USCIS does not receive such explanation and/or documentation with the initial filing, it may issue a Request for Evidence (RFE) to determine whether the petition is covered by the public law. An RFE may be required even if such evidence is submitted, if questions remain.
The additional fee, if applicable, is in addition to the base processing fee, the existing Fraud Prevention and Detection Fee, and any applicable American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee, needed to file a petition for a Nonimmigrant Worker (Form I-129), as well as any premium processing fees, if applicable.

USCIS Reminds Eligible Nationals of El Salvador to Re-Register for TPS

August 16th, 2010

"U.S. Citizenship and Immigration Services (USCIS) reminds nationals of El Salvador (and persons without nationality who last habitually resided in El Salvador), who have Temporary Protected Status (TPS), to file their re-registration applications for TPS before the end of the re-registration period on Sept. 7, 2010." USCIS, Aug. 13, 2010.

EOIR Announces More Secure Toll-Free Number to Obtain Court Immigration Case Information

August 16th, 2010

EOIR Announces More Secure Toll-Free Number to Obtain Court Immigration Case Information

FALLS Church, Va. – The Executive Office for Immigration Review (EOIR) announced today the launch of a new, upgraded automated case information system, which is designed to assist respondents and their representatives and families in learning the current status of their proceedings. The toll-free number, 1-800-898-7180, has not changed, but a new local number, 240-314-1500, is in service. The system becomes effective August 23, 2010, and callers will need to be prepared to enter both the alien registration number and the date of the respondent’s charging document.

 

 

How To Find Charging Document Dates


The charging document date is required to access information through the EOIR automated telephone system. This page illustrates where the charging document date is located on the various forms that start immigration proceedings.


The Form I-862 is a Notice to Appear (NTA) that is used in removal proceedings. The charging document date is found in the bottom left corner of the first page as indicated in this sample:

DHS Notice to Appear Form I-862

Disclaimer: The Department of Homeland Security (DHS) developed and maintains this form. An illustration of the first page of Form I-862 is provided here for reference purposes only.


The Form I-221 is an Order to Show Cause (OSC) and Notice of Hearing that is used in deportation proceedings. The charging document date is found in the upper right corner of the first page as indicated in this sample:

INS Order to Show Cause and Notice of Hearing Form I-221

Disclaimer: The former Immigration and Naturalization Service (INS) developed this form. An illustration of the first page of Form I-221 is provided here for reference purposes only.


The Form I-863 is a Notice of Referral to Immigration Judge that is used in credible fear, reasonable fear, claimed status review, asylum-only and withholding only proceedings. The charging document date is found in the upper right corner of the first page as indicated in this sample:

DHS Notice of Referral to IJ Form I-863

Disclaimer: The DHS developed and maintains this form.  An illustration of the first page of Form I-863 is provided here for reference purposes only.


The Form I-122 is a Notice to Applicant for Admission Detained for Hearing before Immigration Judge that is used in exclusion proceedings. The charging document date is found in the upper right corner of the first page as indicated in this sample:

INS Notice to Applicant for Admission Detained for Hearing before IJ Form I-122

Disclaimer: The former INS developed this form. An illustration of the Form I-122 is provided here for reference purposes only.


The Intent to Rescind is a letter used in rescission proceedings. Due to local variations in the format of the Intent to Rescind letter, a sample is not provided on this site. If you have questions about which date on the letter is the charging document date, contact your local DHS office.


The Form I-290C is a Notice of Certification that is used in Nicaraguan Adjustment and Central American Relief Act (NACARA) proceedings. If you have questions about which date on the form is the charging document date, contact your local DHS office.

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