MurthyBulletin VOL. XIII, no. 27; July 2007, week 1 Posted : Jul 06, 2007 . . . . . . . . . . . . . . "We know your immigration matters!" SM The MurthyBulletin is the eNewsletter on immigration from the Murthy Law Firm. This bulletin is not sent unsolicited. The information provided is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Murthy Law Firm. Full Disclaimer available. To receive MurthyBulletin via eMail, follow this link to subscribe. To Unsubscribe, please go to the end of the eMailed MurthyBulletin and click the URL provided. This an Announcement Only list. Subscribers cannot post to the list. . . . . . . . . . . . . . . TOPICS in this Edition of the MurthyBulletin : 1. USCIS Suspends I-140 Premium Processing : July 2007 2. Senate Again Refuses to Consider Immigration Reform 3. USCIS Role in Delhi, India, in Processing Relative Petitions 4. USCIS Unwilling to Waive Medical Exam Requirement 5. What Happens to I-140s Filed Concurrently with I-485s in July 2007? 6. MurthyDotCom : Did You Know about Our Citizenship Section? 7. Important Processing Times and Dates . . . . . . . . . . . . . . Engaging the Murthy Law Firm : Our office can conveniently and efficiently represent clients located anywhere in the United States or abroad on U.S. immigration matters. Consultations with attorneys at the Murthy Law Firm : You may contact our office to schedule a one-time paid consultation with no further obligation. A scheduled consultation with an attorney at the Murthy Law Firm provides you with details and recommendations based on the specific facts of your case. This will help you with making the right decisions based on the legal options and strategies available. . . . . . . . . . . . . . . 1. USCIS Suspends I-140 Premium Processing : July 2007 ©MurthyDotCom The USCIS suspended the premium processing option for I-140 petition for foreign worker cases as of July 2, 2007. This suspension is valid from July 2, 2007 to August 1, 2007. It was announced on June 27, 2007. See our index page for a link to the press release from USCIS that was posted on MurthyDotCom last week. ©MurthyDotCom USCIS Refusal to Accept I-140 Premium Cases ©MurthyDotCom The suspension of processing I-140 petitions during July 2007 is the result of the anticipation of a substantial increase in I-140 premium processing requests for the month of July 2007, due to the movement of visa numbers to current for the month of July. Since the USCIS did not believe it could accommodate this demand, it is suspending the program temporarily. The USCIS has the authority to suspend the premium program in such situations. The USCIS has not changed the suspension, even though the Department of State (DOS) issued a revised Visa Bulletin on July 2, 2007. ©MurthyDotCom Premium Processing Suspension Affects Only I-140 Petitions ©MurthyDotCom This temporary suspension in processing I-140s under premium processing during July 2007 only relates to I-140 filings, and not to H1B, L-1, or any of the other nonimmigrant categories that can utilize premium processing. It does apply to all I-140 categories that otherwise would be eligible for premium processing, however. As regular MurthyDotCom and MurthyBulletin readers know, premium processing is an optional USCIS service, where, for an additional premium processing fee of $1000, the case review and decision are expedited greatly and take up to 15 days (and then another 15 days if a Request for Evidence is issued). ©MurthyDotCom Possible Extension of the Date beyond August 1, 2007 ©MurthyDotCom The suspension is valid through August 1, 2007. During the one-month suspension, however, the USCIS will evaluate whether it will be able to resume premium processing in August 2007. If it cannot, then it appears that the temporary suspension will be extended. Of course, since the Visa Bulletin revision changed the USCIS's anticipated workload, it is not at all clear why they would need to extend the suspension beyond July. MurthyDotCom and MurthyBulletin readers will be informed of any further announcements on this matter. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 2. Senate Again Refuses to Consider Immigration Reform ©MurthyDotCom The U.S. Senate crushed the attempt to pass a bill on Comprehensive Immigration Reform (CIR) late on Thursday evening, June 28, 2007. Senators from both parties were able to crush an attempt to introduce a consensus bill to deal with CIR. This is the second time that efforts to pass a bill on CIR have been quashed, leaving millions in limbo again. ©MurthyDotCom Primary Viewpoints of Immigration Debate ©MurthyDotCom The debate on this issue deals primarily with two very strong opposing viewpoints. ©MurthyDotCom There are those who believe that any person who entered the U.S. illegally, or stayed beyond the authorized time, should not ever be given any opportunity to "right the wrong." That if we do anything - even give any such person the ability to obtain a work status or permanent residency after 10 or 15 years - it somehow betrays the individuals and employer that worked within the legal immigration system. Opponents also find the concept of rewarding people who have violated our laws to be generally repugnant. We will note that most of the proposals put those who entered illegally at the bottom of the list, or on a separate and longer type of track, behind those who entered legally and complied with the immigration laws.  ©MurthyDotCom Others believe that we are a nation of immigrants and we must embrace our heritage as the source of our strength. That we must give everyone a chance to share in the American dream, if they wish to work hard and, through their efforts, help to make this a stronger and better nation, without the expectation of any hand outs. Most of these ten or twelve million laborers perform jobs for which willing, able American workers cannot be found; like picking fruits and vegetables, landscaping, construction work, also cleaning hotel rooms, taking care of children, and other such services. ©MurthyDotCom Some of those coming to the U.S. have little choice but to remain here if they want the chance at a better life for themselves and their families. Many are unlikely to depart voluntarily, whether or not any beneficial legislation is passed, since they and their families face certain poverty without opportunity for anything better in their native lands. ©MurthyDotCom Conclusion ©MurthyDotCom This ideological divide baffles many who see that America proudly displays the Statue of Liberty as a symbol of this great nation and of her ideals. The words under the Statute of Liberty, "Give me your poor, your tired, your huddled masses... ," ring hollow when the U.S. Congress is not able to pass legislation to provide any relief to immigrants, either legal or illegal, many of whom provide services and labor that benefit us all. While many of the people who entered illegally may have few options elsewhere, that is not true of many of the well-educated, highly-skilled individuals who are in the U.S. legally. If we continue to make them feel unwelcome, they and their employers may just look for more welcoming nations. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 3. USCIS Role in Delhi, India, in Processing Relative Petitions ©MurthyDotCom There is a USCIS office in India, located at the U.S. Embassy in Delhi, subject to the jurisdiction of the Rome Immigration District Office. This USCIS office in Delhi is able to process certain types of applications and petitions that the USCIS processes in the United States. The option of using the USCIS in Delhi generally applies only to residents of India. ©MurthyDotCom Indian Residency Required for Delhi USCIS to Process I-130 ©MurthyDotCom Since June 2006, the USCIS office in India required a U.S. citizen to submit evidence of resident status in India in order to have a I-130 processed. Previously, from June 2004 until May 2006, the USCIS simply allowed the U.S. citizen to show evidence of her/his residency in India for only 60 days in order to grant the filing of the I-130 petition and sponsor the spouse or other immediate relatives. Now the rules make it more difficult to establish one's residency in India. ©MurthyDotCom Evidence to Show Residency in India ©MurthyDotCom The USCIS requires a minimum of 90 days residency. In most cases, however, the U.S. citizen must show that s/he has been living in India for about six months or longer along, and produce other evidence of residency in India to avail him/herself of the faster processing by USCIS in Delhi. ©MurthyDotCom U.S. citizens can show residency when the U.S. passport has a long-term Indian visa, along with the Residential Permit and a Registration Report issued by the Government of India's Foreigners Regional Registration Office (FRRO). Additionally, one must show evidence of employment in India, payment of taxes in India, receipts for rental or other regular payments, like utility bills that show residency in a country. Finally, entry and exit stamps in one's passport would indicate the length of the stay in any visit to India, and this is given weight by the USCIS. ©MurthyDotCom Background on Indian Laws Dealing with Foreign Nationals ©MurthyDotCom There are two main pillars that establish the framework of laws and rules applying to any foreign national in India. These are Registration of Foreigners Act of 1939 and the Registration of Foreigners Rules of 1992. ©MurthyDotCom Any person entering India on a student visa, for employment, as a missionary, or for research, is expected to register with the FRRO in the particular region within 14 days of entering India, if her/his visa is valid for longer than 180 days, even if s/he departs India well within the 180 days. ©MurthyDotCom Any person traveling as a visitor to India, on a visa valid for 180 days or longer, is not required to register with FRRO if the visit does not last for more than 180 days in each trip. If the person ends up staying more than 180 days, then s/he must register within 180 days of entering India. ©MurthyDotCom Foreign nationals, who obtain visit visas valid for fewer than 180 days, or children under the age of 16 years, are not required to register with the FRRO in India. ©MurthyDotCom More stringent rules to register may apply for certain citizens within 24 hours of arrival in India or within seven days of entering India. ©MurthyDotCom Exemptions from Registration for OCIs ©MurthyDotCom Those who are registered as Overseas Citizens of India (OCIs) are exempt from the registration requirements outlined above. An OCI is a person who was eligible to become a citizen of India or was a citizen of India and that person's country allows or recognizes dual citizenship for its citizens. A citizen of Pakistan, Bangladesh, or any person not of Indian origin, who is married to a person of Indian origin, is not eligible to obtain OCI status. OCI status is for the lifetime of the individual and there is no need for any renewal of OCI status. Long-time MurthyDotCom and MurthyBulletin readers may recall our article about OCIs and the criteria for April 7, 2006, Overseas Citizenship of India - March 2006 Update. ©MurthyDotCom A Person of Indian Origin (PIO) who has a PIO card is also exempt from registration requirements, unless s/he resides in India for over 180 days in one visit. If the stay exceeds 180 days, then s/he is required to register within 30 days after the 180-day stay. ©MurthyDotCom Conclusion ©MurthyDotCom If one is not able to show residency in India, s/he will be required to file the I-130 petition for the relative from the applicable USCIS service center in the U.S., and likely will be subjected to the much longer processing times, applicable to the USCIS service centers. For more information, one can visit the website of the U.S. Embassy in Delhi at http://newdelhi.usembassy.gov/ regarding Delhi processing times and conditions that apply. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 4. USCIS Unwilling to Waive Medical Exam Requirement ©MurthyDotCom Many MurthyDotCom and MurthyBulletin readers are aware that a medical examination is required and the results (in a sealed envelope) must accompany the I-485, Application for Adjustment of Status. The problem is that there are limited doctors available to complete the medical exams. Thus, the American Immigration Lawyers Association (AILA) asked the USCIS to allow I-485s to be filed without the medical forms during the month of July 2007, when the employment-based (EB) priority dates were "current" for most EB applicants, except for "other workers." The USCIS did not agree. This matter may be moot for now due to the current unavailability of visa numbers in July 2007; although, it will be relevant again for some, after October 1, 2007, when EB dates are likely to move forward and have a cutoff date so that some people will then be eligible to file their EB I-485s. ©MurthyDotCom Purpose of Medical Exam with I-485 Filings ©MurthyDotCom The medical examination must be conducted by an authorized civil surgeon. The purpose, primarily, is to detect medical grounds of inadmissibility, to protect the U.S. population from "contagious diseases of public health significance." However, since the individual needs to be in the U.S. in order to file the I-485, allowing a reprieve from the requirement to file the medical with the I-485 would not have endangered the U.S. population. The medical report is reviewed as part of the final I-485 decision in determining whether to allow a person to be "admitted" as a permanent resident or "green card" holder of the United States. ©MurthyDotCom Initial Evidence Must be Submitted ©MurthyDotCom Cases must be submitted with required "initial evidence." Medical exams fit within this category. Without this basic evidence, the case can be denied, or even rejected without being accepted for filing. The USCIS does not have to accept these cases, even if an individual is simply unable to get a doctor's appointment when the priority date is current. There had been some hope that the USCIS would allow people to omit the medical exam and then submit it in response to a Request for Evidence (RFE), especially when it was expected that there would be a flood of I-485 filings during July 2007. However, the USCIS was not generally receptive to the idea when our firm submitted this question in writing during the recent AILA national conference that was held in Florida in mid June. There was a general lack of optimism from the USCIS and the AILA attorneys on this point, as the USCIS would create significant work for itself by relaxing this requirement. For the future, it will help to keep this information in mind. ©MurthyDotCom Find a Doctor Outside the State, if Necessary ©MurthyDotCom It is possible to locate the civil surgeons closest to one's residence using the USCIS civil surgeon locator. If there are not any available civil surgeons in one's immediate area, then it may be best to expand the search area, and to travel some distance for the medical examination when the visa dates become current again, for those who did not undertake the medical exams. ©MurthyDotCom Validity of Medical Reports ©MurthyDotCom For those who already have taken the medicals, thinking that you would be able to file the I-485 in July 2007 (before the U.S. Department of State and the USCIS abruptly changed their position on July 2, 2007), keep in mind that the medical reports are valid for up to one year, or twelve months. So, if your priority date becomes current within twelve months of the medical report, then you do not need to spend the time and money on another medical report. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 5. What Happens to I-140s Filed Concurrently with I-485s in July 2007? ©MurthyDotCom USCIS Headquarters informed the American Immigration Lawyers Association (AILA), on July 2, 2007, that, if a person concurrently filed the I-140 with the I-485 in July 2007, the USCIS mailroom will only retain the I-140 petition for processing and will reject the I-485 package. However, this separation can take place only if the filing fees for the I-140 and the I-485 were submitted as separate checks. If there was only one check for the entire filing, then the entire package will be rejected. For this reason, we at the Murthy Law Firm always require our clients to issue separate checks for each form to avoid rejection of the entire package, whenever possible. Even in the I-485 package, we recommend including separate checks for the I-485, the I-765, and the I-131 to avoid a problem with one form affecting the entire filing. ©MurthyDotCom There are many who are still trying to figure out what to do about the fact that the U.S. Department of State (DOS) raised their hopes and then both the DOS and the USCIS dashed those hopes by announcing the "unavailability" of visa numbers and rejection of I-485s in July 2007. There is much concern over whether the unavailability of visa numbers by the USCIS issuing approvals is valid or illegal, since there are many irregularities in the procedures that were followed. Our firm has become aware of older I-485s (filed well before June / July 2007) that were approved in error in June and at the very beginning of July, when there were no visa numbers available for those applicants in either month! Another problem likely to be mentioned in the lawsuit is that the USCIS counted, or allocated, a visa number for those I-485s that were pending security checks for several months, or years, without issuing the I-485 approvals! This also violates the law and regulations, as visa numbers are not supposed to be "reserved" for cases. They are to be assigned with a case approval. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 6. MurthyDotCom : Did You Know about Our Citizenship Section? ©MurthyDotCom Many visitors to MurthyDotCom have the ultimate goal of living the American dream as citizens of the United States. To help them realize this dream we provide information on the naturalization process, namely, what one needs to do to acquire U.S. citizenship. This section of our WebSite includes the basic requirements to file for U.S. citizenship and 100 sample questions that could be asked on the requisite civics examination that must be passed for U.S. citizenship eligibility. Answers to all the sample questions are provided. We at MurthyDotCom are pleased to provide our readers with this help on our Citizenship section. ©MurthyDotCom The next session MurthyChat will be Monday, July 09, 2007, 9:00pm Eastern Time (U.S.). Please check the chat page for any necessary changes to the schedule. Meanwhile, search the chat transcripts for answers to your questions.  ©MurthyDotCom MurthyForum : Consider joining those who have discovered the value of this service. Our message / discussion board is visited daily by one of our attorneys. ©MurthyDotCom MurthyDotCom - MurthyBulletin - MurthyChat - and MurthyForum - Your ultimate U.S. immigration resources on the Internet all start with MURTHY! ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 7. Important Processing Times and Dates ©MurthyDotCom Processing Times : For links to processing times for the USCIS Service Centers, district (or local) processing times, the Administrative Appeals Office, Department of State visa bulletin, and Department of Labor dates for the processing of labor certification applications. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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