December 2, 2002 INS expands special registration program The Immigration and Naturalization Service (INS) expanded its Special Registration program to now include individuals from 18 countries.  Individuals from the following countries must comply with the Special Registration requirements: Afghanistan, Algeria, Bahrain, Eritrea, Iran, Iraq, Lebanon, Libya, Morocco, North Korea, Oman, Qatar, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen.    The program was first implemented in September of this year in response to the events of last September 11.  Through it, the INS requires males from the concerned countries who are over the age of 16 and who traveled to the U.S. on a nonimmigrant/temporary visa (apart from A and G visas) to register with their local INS office.  Individuals from these countries who arrive at a later date will also be subject to the Special Registration requirements upon their arrival.    Individuals subject to Special Registration must report to the INS to be photographed, fingerprinted and interviewed by INS officials.  They must also notify the INS of any change of address, employment or school within 10 days of such change.  Another interview will be required for those who remain in the U.S. for more than a year.  Finally, those subject to Special Registration must also notify the INS when they leave or travel from the U.S. Not all individuals from these countries are affected - only males 16 years of age or older and who traveled on a nonimmigrant/temporary visa, excluding A and G visa holders.   Failure to comply with the Special Registration requirements could result in detention, deportation and the denial of any future application for a visa or other immigration benefit. If you think that the Special Registration requirements apply to you, you should consult immediately with an immigration attorney, particularly if you currently are out of status as you could face immediate detention by the INS. Complete details about the Special Registration requirement and process are available on the INS web site at:  http://www.ins.usdoj.gov/graphics/lawenfor/specialreg/index.htm .

November 25, 2002 Creation of Department of Homeland Security On November 25, 2002, President Bush signed the law creating the new Department of Homeland Security (DHS).  The law number is H.R. 5005, Public Law # 107-296.  Under this monumental law, all of the functions of the Immigration and Naturalization Service (INS) will be incorporated in the new department.  Immigration enforcement functions will be part of the Border and Transportation Security Directorate, and immigration services will be housed in the Bureau of Citizenship and Immigration Services, which will report directly to the Deputy Secretary for Homeland Security.  More information on the DHS is available through the INS web site at:  http://www.ins.usdoj.gov/graphics/homeland.htm and through the web site of the White House at: http://www.whitehouse.gov/homeland/ and http://www.whitehouse.gov/news/releases/2002/11/reorganization_plan.pdf (a copy of the DHS reorganization plan explaining the steps that will be taken to organize the new department and the timetable)

	November 10, 2002 Reporting a Change of Address The Immigration and Naturalization Service (INS) has issued new information on how to report a change of address.  All non-U.S. citizens are required to report a change of address within 10 days of moving by submitting Form AR-11.  Even lawful permanent residents (i.e., green card holders) are required to submit this form.  Failure to do so could be a ground of removal/deportation.  Although this requirement has always existed, the INS has rarely enforced it.  It recently has indicated that it may now begin to do so.  Details on how to submit Form AR-11, as well as a copy of the form, are available on the INS web site at:  http://www.ins.usdoj.gov/graphics/howdoi/address.htm  If you have an application pending at an INS office or service center, you must provide your new address to that office in addition to submitting Form AR-11.    In a recent report, the General Accounting Office (GAO) details the historic inability of the INS to collect accurate address information.  The GAO is an investigative body of the U.S. Congress.  That report can be accessed at:  http://www.gao.gov/new.items/d03188.pdf
	November 2, 2002 "21st Century Department of Justice Appropriations Authorization Act" On November 2, 2002, President Bush signed into law the “21st Century Department of Justice Appropriations Authorization Act.”  This law contains several changes to immigration law.    Most importantly, it allows individuals who have H-1B status and who are also being sponsored for permanent residency (i.e., being sponsored for a green card) based on work to extend their H-1B status beyond the 6th year limit; H-1B visas generally are limited to 6 yeas.  In order to benefit from this change in the law, 365 days must have passed since the filing of the labor certification application.  Prior to the passage of this new law, H-1B visa holders could extend their status for an additional year only if they had an I-140 pending for at least one year – please see my web site for an explanation of the various steps involved in getting a green card based on work - http://www.immigration-aux-usa.com/employment_based_visas.html.   This new law introduces much more flexibility for H-1B visa holders and allows them to remain in the U.S. while going through the increasingly lengthy process to get a work-based green card.    The law contains other immigration provisions, most notably (1) the extension of a program (the Conrad State Program) for medical doctors on J-1 visas serving in underserved areas allowing them to apply for a waiver of the 2-year home residency requirement and (2) changes to the program for investors applying for permanent residency based on their investment.  The text of the entire law (H.R. 2215, Public Law # 107-273) is available through the web site of the U.S. Congress at:  http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ273.107 The law itself is very lengthy as it deals with many different aspects of the Department of Justice, not only immigration.  Information about the changes to the H-1B program can be found in Section 11030A.
	November 1, 2002 New Fees for nonimmigrant visas Effective November 1, 2002 U.S. Embassies will charge $100 to issue nonimmigrant (temporary) visas.  The Machine Readable Visa (MRV) fee for issuing visas previously was $65.  All visa applicants, apart from some government officials, must pay the MRV fee.  The Department of State web site contains more information on this fee increase at:  http://travel.state.gov/MRVincrease.html
	October 2002 Case Status Online Through its web site, the Immigration and Naturalization Service (INS) now allows you to check the status of pending applications.  This new service, Case Status Online, only provides information about applications pending at one of the INS Service Centers, not those pending at local INS offices.  To check the status of a case, go to the INS web site at: https://egov.ins.usdoj.gov/graphics/cris/jsps/caseStat.jsp You’ll need to enter the receipt number that appears in the upper left-hand corner of your receipt notice.  If you do not have that number, you will not be able to obtain any information about your case.  The site provides limited information: (1) that your case is still pending and the estimated, approximate processing time, (2) that further documentation has been requested, and/or (3) that your case has been approved (or denied).
	September 13, 2002 Visa Bulletin for October 2002

The U.S. Department of State issued the Visa Bulletin for October 2002.  In addition to containing information about the immigrant visa numbers to be processed in October, it also indicates the Diversity Visa (DV) (“green card lottery”) numbers to be processed in November. 

          The Bulletin is available through the Department of State’s web site at: 

           http://travel.state.gov/visa_bulletin.html

 

September 11, 2002 Special Registration for nonimmigrants who are nationals or citizens of Iran, Iraq, Libya, Sudan and Syria, effective September 11, 2002.   In response to the events of last September 11, the INS began implementing Special Registration for nonimmigrants who are nationals or citizens of Iran, Iraq, Libya, Sudan and Syria, effective September 11, 2002.   Special Registration requires such individuals to be photographed, fingerprinted and interviewed upon their arrival in the U.S.  Those who remain in the U.S. for more than 30 days must then report to a designated INS office for another interview between 30 and 40 days after their initial arrival.  They must also notify the INS of any change of address, employment or school within 10 days of such change.  Another interview will be required for those who remain in the U.S. for more than a year.  Finally, those subject to Special Registration must also notify the INS when they leave or travel from the U.S.  More information about the Special Registration process is available on the INS web site.

August 12, 2002  New Department of State regulations issued for the Diversity Visa Program (Green Card Lottery).  Regulations describe the size of photographs to be submitted with lottery registrations. On July 31, 2002, the U.S. Department of State issued new regulations concerning the Diversity Visa Program (Green Card Lottery).  The new regulations cover 2 areas.  First, for individuals who win the lottery but who do not have the necessary high school education, the government will now use the Department of Labor’s (DOL) O*Net OnLine database to determine if the individual has sufficient work experience to qualify for a visa.  Before, the government used the DOL’s Dictionary of Occupational Titles to make that determination.  Second, the government will be a little more flexible in terms of the size of the photographs that it will accept as part of an applicant’s initial lottery registration.  Photographs can now measure between 1½  by 1½ to 2 by 2 inches (37 to 50 mm square).  For last year’s lottery, the only acceptable size was 2 by 2 inches (50 by 50 mm).  Entry forms for this year’s lottery (DV-2004) must be submitted between noon on Monday, October 7, 2002 and noon on Wednesday, November 6, 2002.  In the coming days the Department of State will issue the complete instructions for this year’s lottery, including the list of eligible countries. Link: http://frwebgate4.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=09133520833+0+0+0&WAISaction=retrieve

 

	2004 Immigration News Archive
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	2005 News

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