MurthyBulletin
VOL. XIII, no. 28; July 2007, week 2
Posted : Jul 13, 2007
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"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.
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TOPICS in this Edition of the MurthyBulletin :
1. Direct Filings at USCIS Effective July 30, 2007
2. I-485 Fiasco Draws National Attention and Outrage!
3. AILF's Legal Action Center : Visa Bulletin Litigation
4. FAQs on July 2007 I-485 Filing and Potential Lawsuit
5. Murthy Honored as Internationally Recognized Immigration Attorney
6. MurthyBlog : Murthy Exhorts DHS Secretary Michael Chertoff to Revise USCIS Policy
7. MurthyDotCom : Did You Know about MurthyToGo?
8. Important Processing Times and Dates
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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.
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Be sure to check our Main Page on MurthyDotCom often, for important updates, NewsFlashes, and valuable resources regarding the current situation for I-485 applicants.
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1. Direct Filings at USCIS Effective July 30, 2007
©MurthyDotCom
The U.S. Citizenship and Immigration Services (USCIS) announced in late June 2007 that it is changing the required place of filing for certain immigration forms. These changes are effective as of July 30, 2007. This is a continuation of what is known as "direct filing." It is due to the transition into the bi-specialization initiative, reported on previously to MurthyDotCom and MurthyBulletin readers. Since the rules for determining the place of filing can get confusing, we note that the USCIS WebSite always carries instructions, under the forms and fees section. The new procedures apply to a number of commonly-used forms, set out in detail below.
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Which Forms?
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The USCIS June 21, 2007 Notice for this most recent change is available at their website, as well. The current filing instructions have been issued for Forms I-129F (Petition for Alien Fiancé/e), I-131 (Application for Travel Document), I-140 (Immigrant Petition for Alien Worker), I-360 (Petition for Amerasian, Widow/er, or Special Immigrant), I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization), and I-907 (Request for Premium Processing Service).
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MurthyDotCom and MurthyBulletin readers learned of the new direct filing instructions for Form I-129 and I-539 in our March 16, 2007 article, USCIS Update on Filing Procedures for Forms I-129 and I-539.
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As before, the change in filing procedures is intended to streamline the process and avoid the transfer of applications and petitions from one USCIS service center to another. This transfer of applications was occurring under the initial bi-specialization program, as particular case types were all to be filed at one service center and then either adjudicated at that center or forwarded to a sister center.
©MurthyDotCom
Direct Filings to Begin July 30, 2007
©MurthyDotCom
The effective date of the direct filing instructions for all forms is July 30, 2007. This coincides with the filing fee increase for all immigration applications and petitions. During the first 30 days of direct filing (July 30 to August 28), the USCIS will not reject any form incorrectly filed at the prior filing location. To avoid rejection of an application, however, an applicant must include the correct, new fee amount with the filing. Beginning August 29, 2007, the USCIS will reject any of the forms that are filed at an improper location. The USCIS has indicated that it will release new forms, with updated filing instructions, in the near future. All new direct-filing instructions are listed in the USCIS Notice, referenced above.
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Conclusion
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While the USCIS's efforts to use technology and direct-filing procedures to process various applications and petitions is laudable, there is also a concern that the substantial increase in government filing fees reveals bureaucratic inefficiencies. These doubts as to the USCIS's need are fueled by the recent events and change in policy, with their refusal to accept I-485s during July 2007. It demonstrated that USCIS has the ability to process large numbers of cases, and apparently can do so, when motivated by a desire to collect higher fees. With the change in procedures and increase in fees at the end of July, it is hoped that the USCIS - which has had its credibility called into question during July 2007 - will live up to its promises and provide improved service for the increased rates that are being paid by foreign nationals and their employers.
©MurthyDotCom
Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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2. I-485 Fiasco Draws National Attention and Outrage!
Posted on MurthyDotCom Jul 12, 2007
©MurthyDotCom
As everyone who follows employment-based immigration issues knows by now, July 2, 2007 brought about an unprecedented catastrophe in the immigration world. Read our update online that addresses the response in congress and the media, and asks what really happened to the visa numbers.
©MurthyDotCom
Find this update on MurthyDotCom at http://www.murthy.com/news/n_fiasco.html.
Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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3. AILF's Legal Action Center : Visa Bulletin Litigation
Updated on MurthyDotCom Jul 10, 2007
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The American Immigration Law Foundation (AILF) has decided to forge ahead to file the class action lawsuit.
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Follow their progress on MurthyDotCom at http://www.murthy.com/ailf_lawsuit.html.
Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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4. FAQs on July 2007 I-485 Filing and Potential Lawsuit
Posted on MurthyDotCom Jul 03, 2007; updated Jul 07, 2007
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The unprecedented actions of the U.S. Department of State and the ensuing debacle set off by the USCIS, have many in the immigrant community scrambling to figure out how to maintain legal status and what they need to do next. How will the AILF lawsuit affect them? We are staying abreast of the situation to answer your questions as events unfold.
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Find these FAQs on MurthyDotCom at http://www.murthy.com/lawsuit_faqs.html.
Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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5. Murthy Honored as Internationally Recognized Immigration Attorney
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Sheela Murthy of the Murthy Law Firm again was recently honored as an internationally recognized business / corporate immigration lawyer. Ms. Murthy has been listed in the 2007 edition of "Who’s Who Legal," in the "Corporate Immigration" section, endorsed by the International Bar Association (IBA). Ms. Murthy was the only lawyer from Maryland to appear on this prestigious list.
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Who’s Who Legal is published each year and is based both on interviews with attorneys and clients from around the world, as well as independent research by the publishers.
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Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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6. MurthyBlog : Murthy Exhorts DHS Secretary Michael Chertoff to Revise USCIS Policy
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An entry from Attorney Murthy's personal blog will be selected on a regular basis and included here. To keep up with the MurthyBlog in its entirety, find it at http://www.murthyblog.com.
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Murthy Exhorts DHS Secretary Michael Chertoff to Revise USCIS Policy
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Attorney Murthy writes fellow Harvard Law School alumnus, Michael Chertoff, the Secretary of Homeland Security, and explains the catastrophic I-485 situation and the reaction of the immigrant community.
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This Blog is available at :
http://www.murthyblog.com/murthyblog/2007/07/murthy-exhorts-.html.
©MurthyDotCom
Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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7. Did You Know about MurthyToGo?
©MurthyDotCom
If you prefer your news on the go, the Murthy Law Firm provides three means of accessing the latest topics in U.S. immigration news. Mobile on MurthyDotCom is available to anyone using a cellular phone with a built-in web browser or PDA with wireless capability, like the Treo from PalmOne or Windows Mobile devices. For those who have PDAs without wireless, we have created a channel on AvantGo. This service enables subscribers to download weekly headlines and brief synopses of our MurthyBulletin articles for FREE with a simple HotSync to your desktop PC. We have also enabled our headlines for an RSS feed, so you can be alerted to the week's topics or important NewsFlashes. Use MurthyToGo so that you are never out of touch!
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The next session MurthyChat will be Monday, July 16, 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.
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MurthyForum : Consider joining those who have discovered the value of this service. Our message / discussion board is visited daily by one of our attorneys.
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MurthyDotCom - MurthyBulletin - MurthyChat - and MurthyForum - Your ultimate U.S. immigration resources on the Internet all start with MURTHY!
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Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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8. Important Processing Times and Dates
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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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