MurthyBulletin VOL. XV, no. 31; Jul 2009, week 5 Posted : Jul 31, 2009 . . . . . . . . . . . . . . We know your immigration matters! SM The MurthyBulletin is the eNewsletter on immigration from the Murthy Law Firm. 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. . . . . . . . . . . . . . . TOPICS in this Edition of the MurthyBulletin : 1. I-485 Issues for Summer 2007 Filers ©MurthyDotCom 2. Fake ICE Letter Circulating to Employers ©MurthyDotCom 3. DHS Launches YouTube Channel and Website Redesign ©MurthyDotCom 4. Reminder : Murthy's Corporate Teleconference - Wed, Aug 05, 2009 ©MurthyDotCom 5. MurthyDotCom : Did You Know about Our Travel Page? ©MurthyDotCom 6. 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. I-485 Issues for Summer 2007 Filers ©MurthyDotCom As many MurthyDotCom and MurthyBulletin readers may know, the USCIS is currently reviewing some of the Application for Adjustment of Status (I-485) filings submitted during the summer of 2007. The review occurs even if the priority date is not current for a particular case. As a result of this review, many applicants are receiving requests for evidence (RFEs). The following pointers should help our readers avoid being surprised or unprepared for a possible RFE. ©MurthyDotCom Preadjudications of I-485s ©MurthyDotCom The USCIS is reviewing pending I-485s based upon the dates of filings. This means that they are reviewing many cases without current priority dates. The cases, therefore, cannot be approved, but the USCIS can review them and, if appropriate, can deny them. They also can review and determine if everything is acceptable, except for the lack of an available visa number, based upon the priority date. In this instance, the case will be preadjudicated and set aside for a later time, when the visa number becomes available, based upon the priority date. ©MurthyDotCom Have Documents Available ©MurthyDotCom During the summer of 2007, many cases were filed in haste and without complete documentation. This is understandable, given the extraordinary time pressure that existed. For many, the goal was simply to get the case filed in a form that was "good enough" to avoid rejection or return of the file at the initial mailroom stage. Many filings did not include all the necessary documents, however. The USCIS will likely issue an RFE asking for certain missing documents in these filings. ©MurthyDotCom Many applicants are taken by surprise when they receive such requests. They may have difficulty getting the required documents in time to respond effectively to their RFEs, particularly if they must obtain documents from other countries. MurthyDotCom and MurthyBulletin readers are urged to take steps towards obtaining any documents that may help in filing their cases before these RFEs arrive. The USCIS commonly requests information in the following situations. ©MurthyDotCom Birth Certificate Not Submitted ©MurthyDotCom Typical document problems involve birth and marriage certificates. Many people were not able to obtain their birth certificates and, instead, submitted alternative, secondary evidence, such as school records and affidavits. In order to utilize secondary evidence, there must be proof that the actual birth certificate does not exist. For most, this means non-availability certificates from the government offices that would have their birth certificates, if they existed. If there is a non-availability certificate, it then becomes possible to use alternate proof of birth date and parentage. Since a non-availability certificate must be obtained from one's local municipality in the country of birth, the process of obtaining the documents should be begun before the RFE is received from the USCIS. ©MurthyDotCom Incomplete or Late Registration of Birth Certificate ©MurthyDotCom Other typical birth certificate issues include late-registered certificates (which must be supplemented by secondary evidence), as well as birth certificates that do not contain complete information. These incomplete certificates often omit the given name due to cultural reasons or traditions that delay the naming of a child. Secondary evidence is required to verify missing information. ©MurthyDotCom Missing or Incomplete Marriage Certificate ©MurthyDotCom Many couples face problems proving their marriages. In countries where marriage registration is not always required, or is a separate step that is sometimes omitted, this can be a difficult hurdle. If there is no marriage certificate, and registration is not required, it may be possible to use secondary documentation, like affidavits from those who attended the wedding ceremony as permitted under religious laws of the country. ©MurthyDotCom In many situations, it may be best to simply register the marriage to avoid the problem. This may require both parties to travel to the home country. While this may be an expensive inconvenience, it might prevent a denial of the dependent spouse's I-485. ©MurthyDotCom If Using AC21 AOS Portability ©MurthyDotCom The heart of employer-sponsored I-485 cases is the employment offer. Many RFEs ask for confirmation of the job offer that formed the basis for the PERM labor certification, I-140, and I-485 filing. ©MurthyDotCom An RFE generally invites the option of a qualifying, alternative job offer under the AC21 green card portability provisions, as well. An applicant should be prepared for this likelihood, and be able to document that s/he has a suitable job offer as the basis for the case. ©MurthyDotCom Failure to Submit Evidence of Valid Status ©MurthyDotCom The USCIS often requests proof of validity of nonimmigrant status during set periods prior to filing the I-485. An applicant should be prepared to address status questions as they relate to qualification to file and obtain the approval of the adjustment-of-status (I-485) application. ©MurthyDotCom Missing or Incomplete Medical Exams ©MurthyDotCom Many people submitted incomplete medical exams with their summer of 2007 filings. We at the Murthy Law Firm do not recommend obtaining new exams in anticipation of the RFE, as these expire. One who was unable to submit the medical exam form with his/her I-485 should be prepared to take this step, when requested to do so. Vaccination records should be obtained in advance, if possible, to avoid unnecessary revaccination. Some individuals submitted medical exams with their I-485s, but were unable to receive all vaccinations or be fully tested due to other medical conditions (such as pregnancy) or they were unable to complete the process within the tight filing deadline in August 2007. These applicants should expect RFEs asking for updated, complete medical exams. ©MurthyDotCom Conclusion ©MurthyDotCom Many applicants seem surprised when they receive RFEs on their summer 2007 filings. Often, it requires some scrambling to gather documents from overseas in order to respond by the deadline. This rush can be avoided with a little preplanning and anticipation of the requirements. ©MurthyDotCom Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 2. Fake ICE Letter Circulating to Employers ©MurthyDotCom There have been reports in July 2009 of employers who have received a fraudulent letter, which claims to be issued by the U.S. Department of Homeland Security (DHS) and the U.S. Immigration and Customs Enforcement (ICE). The letter, captioned "FIRST NOTICE," apparently requests verification of all employees' legal status. It states that this is required by a resolution of Congress. ©MurthyDotCom Letters NOT Issued by ICE ©MurthyDotCom The letter purports to be signed by ICE Chief Counsel, John Salter. Mr. Salter has verified, through the American Immigration Lawyers Association (AILA), that he did not author the letter. ICE is aware of the problem and asks that recipients keep the letter and envelope and advise ICE in order to assist in their investigation. At this time, the source and motive for sending the letters is unknown. ©MurthyDotCom When in Doubt, Check ©MurthyDotCom Presumably, these letters are preying on the anxieties of employers in an environment of heightened immigration enforcement. While there are written communications regarding investigations that are sent to employers from the DHS, Department of Labor (DOL), and other government agencies, there are often clues to help identify fakes. One of the obvious clues in this particular letter is its use of improper English. ©MurthyDotCom If there is any question regarding the authenticity of a letter, however, it is always better to check with a knowledgeable attorney. There are genuine instances of letters from various government agencies that cannot be ignored due to a suspicion (or belief without confirmation) of fraudulence. Sometimes, it is impossible to tell if a letter is real or not. Usually, an attorney will be able to make this determination or request clarification through appropriate channels. If it is actual communication from a government agency, the employer is likely to need an experienced immigration attorney to help the company assess and address any problem. ©MurthyDotCom Conclusion ©MurthyDotCom Historically, unscrupulous individuals have sought to prey upon the fears and unfamiliarity of immigrants new to any country. This is only another such instance. It does have a different twist, however, since the communication was sent directly to U.S. employers who may have hired foreign nationals. ICE's confirmation on this matter is appreciated and should allay some fears. MurthyDotCom and MurthyBulletin readers are advised to take all government communications seriously, and to check with their attorneys regarding the best course of action for responding to any government requests or demands. If you do not have an attorney, we encourage you to contact the Murthy Law Firm. We have a dedicated team of attorneys who focus on helping businesses subject to scrutiny or investigation by DHS, DOL, and other agencies of the federal government. ©MurthyDotCom Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 3. DHS Launches YouTube Channel and Website Redesign ©MurthyDotCom The U.S. Department of Homeland Security (DHS) issued a press release on July 22, 2009 stating that it has launched a DHS channel on the popular website, YouTube. The channel is now online and has links to similar channels for component agencies including: the U.S. Federal Emergency Management Agency (FEMA), U.S. Coast Guard, Transportation Security Administration (TSA), and U.S. Customs and Border Protection (CBP). ©MurthyDotCom Helpful Travel Information ©MurthyDotCom The DHS WebSite includes informative travel videos on a variety of topics, including the US-VISIT Program, with helpful information to assist travelers to the U.S. better understand what to expect when entering the United States. There is also an explanation of the Western Hemisphere Travel Initiative, as well as changes to the Visa Waiver Program.   ©MurthyDotCom DHS Website Revamped ©MurthyDotCom It was also announced that the official DHS WebSite has been redesigned. Long-time readers of MurthyDotCom and the MurthyBulletin may recall the last time the U.S. government changed its immigration-related websites, which was reported in our February 28, 2003 NewsBrief entitled, DHS Watch: New Immigration Website. In the July 22, 2009 press release, it was announced that these steps were taken to increase DHS web presence, transparency, and to provide accurate, up-to-date information to the U.S. public. ©MurthyDotCom Conclusion ©MurthyDotCom We here at the Murthy Law Firm commend the DHS for taking additional steps to make their website more user-friendly, making use of social media to create a better dialogue between the agency and their consumers or clients. It is often easier for the public, particularly those for whom English is not their first language, to understand information presented in an audio / visual format, which is easily accessible, rather than relying upon written explanations alone. ©MurthyDotCom Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 4. Reminder : Murthy's Corporate Teleconference - Wed, Aug 05, 2009 Topic : LC Primer ©MurthyDotCom Our August teleconference, specifically for CEOs and HR managers with interest in the immigration process from the employer's point of view, will provide an overview of the PERM Labor Certification Process. This teleconference will review the standard procedures involved in filing a labor certification case as well as recent case law developments. Attorneys from the Murthy Law Firm will also discuss the potential impact of the new 9089 form and the implementation of the iCert system for labor certification cases. ©MurthyDotCom Employers and their representatives : register for Aug 05, 2009 here.  ©MurthyDotCom Copyright © 2009, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 5. MurthyDotCom : Did You Know about Our Travel Page? ©MurthyDotCom Immigrants, nonimmigrants, tourists, and students always have questions about when it is safe to travel and what documentation they should carry. With the summer travel season before us, it is important to be prepared. At MurthyDotCom we provide a Travel Page with links to articles as well as to U.S. consulate and embassy websites. Our articles on this topic range from transit to changes in security measures that may impact our readers as they move about the U.S. or reenter from a trip abroad. Whatever your question regarding travel, find your answers on MurthyDotCom! ©MurthyDotCom MurthyChat : The next MurthyChat session will be Monday, Aug 03, 2009, 9:00pm Eastern Time (U.S.), because Attorney Murthy was not available on the 3rd Monday in March. The chat generally occurs on the 1st and 3rd Mondays of each month. 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 © 2009, MURTHY LAW FIRM. All Rights Reserved . . . . . . . . . . . . . . 6. 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 © 2009, MURTHY LAW FIRM. All Rights Reserved
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