Articles Posted in Immigration News

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Senators Robert Menendez (D-NJ) and Patrick Leahy (D-VT) introduced The Comprehensive Immigration Reform Act of 2010 into the Senate on September 29. This bill is the first comprehensive immigration bill that has been introduce in the Senate since 2007. It also combines key Democratic and Republic viewpoints and elements. Menendez and Leahy’s legislation proposes enhanced border security, mandatory employee verification, revisions to visa systems, a legalization plan for undocumented individuals in the US, and harsher penalties for illegal immigration.

To improve the security at our borders it specifically calls for improved training and more accountability for border/immigration officers, further cooperation with Canada and Mexico to improve border security, and reiterates that immigration power solely resides with the federal government. If passed, visa waiver privileges would be denied to certain countries, the waiting period would stop for refugees/asylees trying to obtain a green card, as well as increased penalties for immigration and visa fraud. Social Security cards would become “tamper-resistant” under the new bill to prevent fraud and the Social Security Administration (SSA) would be required to design a new more secure way of verifying social security numbers. Labor protections would also be expanded under H-2A, H-2B, H-1B, and L-1 visas in addition to preventing the expiration of green cards due to processing delays and establishment of certain exemptions from the quotas. A Lawful Prospective Immigrant (LPI) status for undocumented immigrants with no criminal background would be put into effect and it entails submission of data, security checks, and a $500 application fee for the LPI status of four years. Additionally, the Comprehensive Immigration Reform Act of 2010 would include the DREAM Act and institute programs to help immigrants learn English and US civics. Click here to read the full text of the bill or to find out more information.

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The United States Immigration and Customs Enforcement (ICE) recently updated the list of Student and Exchange Visitor Program (SEVP) approved schools. The schools listed have all been certified to participate in the program.

The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University.

Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.

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The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of October 15, 2010, 42,800 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of October 15, 2010, 15,700 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

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Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on October 14, 2010 with processing dates as of August 31, 2010.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center

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MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – Temporary Work Visa – E3 Australian Visa

As an Australian, I am eligible for an E-3 visa, but my potential employer has suggested I am eligible and should look into an H1-B visa too. What is the difference, and which is preferable?

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The Department of State has released its latest Visa Bulletin.

Click here to view the November 2010 Visa Bulletin.

The November 2010 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

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The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of October 8, 2010, 41,900 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of October 8, 2010, 15,400 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

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Justin Michael Martin of Kentucky pleaded guilty to commit marriage fraud and is facing a possible sentence of 10 years with $500,000 in fines. Martin was set up by Michael Chanthou Chin to travel to Cambodia and marry Yota Em, a Cambodian national. He agreed to marry Yota so she could avoid U.S. immigration laws for a compensation of about $7,000. When he visited Yota in Cambodia all of Martins expenses were paid and when they returned to the US, Yota was his fiancé and she had a K-1 visa. They then lied to immigration officers reporting their marriage was legitimate and Yota gained her full U.S. residency. By June of 2009 the couple was divorced.

Due to their separation and marriage fraud, the U.S. Immigration and Customs Enforcement (ICE) is presently looking for Yota Em, currently a fugitive in the US.

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Each year the USCIS naturalizes approximately 680,000 citizens and so far over 6.8 million citizens have been naturalized into the United States. This fiscal year alone the US has already naturalized 495,232 people.

To apply for naturalization an individual must fill out Form N-400 (Application for Naturalization) and fulfill the requirements of the Immigration and Nationality Act (INA). The INA sates an applicant must be at least 18, a green card holder, have resided in the US for at least five years, physically present in the US for at least 30 months, have good character, understand U.S. government & history, comprehend the English language and take the Oath of Allegiance.

Some exceptions exist for the naturalization requirements for individuals who are members of the military and whose spouses are U.S. citizens. Some of these exceptions include spouses, who may be eligible to receive naturalization in three years after being permanent residents rather than five, spouses stationed abroad may not have to meet residency requirements, children under 18 who are permanent residents can automatically gain citizenship if living with a U.S. citizen parent, and children living abroad with at least one U.S. citizen parent physically in the U.S. can be eligible for naturalization.

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Gilberto Jordan was found guilty by Florida’s U.S. District Court for illegally obtaining his U.S. citizenship and human rights violations for his participation in the massacre at Dos Erres, Guatemala. Jordan was a part of the Guatemalan special forces patrol who raided Dos Erres in 1982 looking for stolen rifles and guerrillas. The patrol searched all the houses for the weapons and systematically killed the men, women and children. When applying for his U.S. citizenship in 1996 Jordan denied he had ever been a part of the military or committed any crimes and later in 1999 continued to deny any dishonesty on his application during his application review. At the court sentencing, Jordan’s citizenship was revoked.

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