Category Archives: Immigration News

An Additional Benefit of Being a U.S. Citizen

Not too many people are aware, but under probate law in connection with wills and estates, the executor of the will assigned by the deceased person must be a U.S. citizen in many states in the U.S.

A new Memo dated October 3, 2011 issued by the Probate Court in Alabama, states that now proof of citizenship is required as well as a copy of the driver’s license. This requirement is same as the requirement in many other states.

Just a small reminder of one of the many benefits of becoming a U.S. citizen.

ICE Arrests 2,900 Criminal Immigrants Over a 7 Day Period

CNN has reported that over a span of 7 days, ICE has arrested 2,900 immigrants who had criminal convictions. ICE arrested 2,900 people from all over the 50 states. The Obama Administration has consistently upheld its policy against criminal aliens, and this is one example of their policy being placed in action. Of those 2,900 people, more than 1,200 people had multiple convictions. Also, 1,600 of those people had felony convictions ranging from manslaughter to sexual crimes against minors. A few were even gang members or convicted sex offenders.

ICE has estimated that there remain at large over 1 million convicted immigrants in the U.S. Most of the people arrested, about 2,600 of them, were men.

I know from the calls I am receiving in my office that enforcement of criminal aliens is definitely on the rise, because at least 50 percent of the calls I have been receiving lately are calls from family members seeking assistance in getting their loved one out of immigration custody. Many of the detained aliens have had some previous criminal conviction(s) in their past.

USCIS has extended TPS for Haitians until 2013

USCIS has just announced that TPS has been extended for Haitians until January 22, 2013. This is an 18 month extension. Haitian applicants that have not filed for TPS may do so immediately. The DEADLINE for filing a TPS application for the first time is November 15, 2011. This deadline can be extended, but as of May 19, 2011, this is the current deadline.

Haitians that currently have TPS must wait to re-file, since USCIS is planning on issuing a notice of instructions for those individuals. However, Haitians who currently have TPS status must be sure to file to extend their TPS status before August 22, 2011.

Any Haitians that enter the U.S. illegally now are not eligible for TPS. Haitian applicants that apply now for TPS need to show they continually resided in the U.S. since January 12, 2011. All individuals who want to file for TPS should file forms I-821 and I-765, as well as any required fees or fee waiver and required documentation including a copy of one’s passport, I.D. and a birth certificate with translation if available. Other documents may be required, as determined based on each person’s circumstances.

New Rules for Petitioners Residing Abroad Filing Relative Petitions

USCIS recently released a news alert that changes the filing procedures for U.S. petitioners residing abroad who wish to file for their immediate relatives. As of August 15, 2011, U.S. citizen petitioners who want to file a Petition for Alien Relative for their spouses or other family members MUST file their forms with the Chicago Lockbox Facility. In the past and until August 15, 2011, some petitioners residing abroad were able to file their immediate relative petitions directly with their U.S. Embassy via the Department of State at that U.S. Embassy. Filing directly with U.S. Embassies has generally been a faster way to approve visa petitions.

As of August 15, 2011, USCIS has centralized the filing location of the Immediate Relative Petitions to the Chicago Lockbox address, which can be found on the USCIS website.

There is an exception to this change, which is that if there is an international USCIS office having jurisdiction over the area where a petitioner lives, then those petitioners can continue to file their Immediate Relative Petitions with the international USCIS office.

New Notice to Appear Policy for Florida

As of May 16, 2011, USCIS local office in Tampa, Florida has instituted a new notice to appear policy for denials of I-751 cases. Once the I-751 case is denied, now USCIS will issue a notice to appear without waiting the required 30 day period within which applicants can file their motion for reconsideration.

A notice to appear is the charging document USCIS uses to place someone in removal proceedings. The notice to appear, also called NTA, should state all the allegations against the intending immigrant, and should also state a date or “soon to be announced” annotation for when and where the applicant must appear for immigration court. It is extremely important that the address for the applicant is correct on the Notice to Appear, and if it is not, then the applicant must take all precautions necessary to make sure the address gets corrected. Otherwise, applicants can fail to receive a hearing date and then be ordered deported in absentia. Once the case is filed with the immigration court, applicants can change their address with an immigration court by filing form EOIR-33/IC.

During the immigration court process, the applicant must explain to the Judge through filing certain application(s) for immigration relief as to why they should not be deported from the U.S.

This new policy of immediately issuing NTA’s upon denial has been confirmed as taking place by the USCIS office in Tampa, Florida. Although Jacksonville denies that they have accepted this procedure as their official policy, I know from a new client coming to my office that this procedure has taken place in the USCIS office in Jacksonville, FL, although certainly not consistently and only on a case by case basis.

This information is being provided because many applicants filing form I-751 believe that the process is simple, but unfortunately if the USCIS denies the case for any reason, this could now result in the applicants being placed in removal proceedings and possibly getting deported if the matter is not resolved favorably.

NSEERS Registration is in Process of Being Removed

USCIS has implemented the first step in removing the requirement of certain nationals from registering with NSEERS. After September 11, 2001, certain nationals of countries were required to register with NSEERS. If they did not register with NSEERS, then USCIS could deny their green card application.

I remember taking many of my clients at the time, nearly 50 of them, that were subjected to this requirement. I took them by hand to the local USCIS office in Jacksonville, where I remained until each one was provided a FINS number to show proof that they complied with NSEERS registration. At that time many of my clients were scared because many of them were out of status and feared they would be arrested or placed in removal proceedings.

While none of my clients were arrested or even placed in removal proceedings, there were reports that individuals were arrested in the Tampa, FL area and other areas.

Thankfully, this period is now passing away, as USCIS has taken the first step to getting rid of this requirement of registering for NSEERS. Now, nationals of some of the countries are not required to register with NSEERS. Some of the countries now that are not required to register with NSEERS includes the following: Iran, Eqypt, Lebanon, Morocco, Syria, Iraq, Jordan, Kuwait, Pakistan Afghanistan and other countries.

However, the USCIS memo does not address how USCIS will handle cases where applicants now waiting for their green card did not comply with the previous NSEERS registration requirement. From experience, my understanding is that upon request, ICE will meet with applicants and allow them to register now, to meet the previous requirement. Of course, it is in ICE’s discretion and handled on a case-by-case basis. I also advise all applicants to be represented by counsel before they walk into ICE’s doors, to ensure their rights are protected.

IMMIGRATION NEWS JACKSONVILLE

I had the pleasure of being interviewed by Ericka Bennett with Action News Jacksonville on November 16, 2010 regarding the issue of how much control police have in arresting undocumented individuals. I thank Ericka Bennett for the opportunity.

To read the article, please go to this link:

http://www.actionnewsjax.com/content/actionlocal/story/JSO-officer-finds-undocumented-aliens/GrIiuTgcXkGyv4OYg_mfWw.cspx