MurthyBulletin VOL. XIII, no. 31; August 2007, week 1 Posted : Aug 03, 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. Suspension of I-140 Premium Processing Continues 2. USCIS Policy on Requests for Fee Waivers 3. Court Strikes Hazelton Municipal Ordinances Against Immigrants 4. Lofgren Proposes Bill to Void Recent Fee Increase Posted on MurthyDotCom Jul 31, 2007 5. Attorney Murthy Sends Follow-Up Letter to Michael Chertoff  Posted on MurthyDotCom Aug 01, 2007 6. Letter to Zoë Lofgren : Appreciation and Assistance for Those Abroad to File I-485s Posted on MurthyDotCom Aug 01, 2007 7. USCIS Issues FAQ #2 for July Filings Posted on MurthyDotCom Jul 27, 2007 8. MurthyDotCom : Did You Know about Our Page on Contacting Congress? 9. 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. . . . . . . . . . . . . . . ©MurthyDotCom 1. Suspension of I-140 Premium Processing Continues ©MurthyDotCom On July 24, 2007, the U.S. Citizenship and Immigration Services (USCIS) announced an indefinite extension of the suspension of the premium processing service for Form I-140 (Immigrant Petition for Alien Worker). As MurthyDotCom and MurthyBulletin readers were informed in our July 6, 2007 article, USCIS Suspends I-140 Premium Processing : July 2007, the USCIS initially announced that the premium processing service for Form I-140 would be suspended during the month of July 2007, in anticipation of a substantial increase in I-140 premium processing requests. At that time, the suspension was set to expire on August 1, 2007. The suspension is now indefinite; until further notice from the USCIS. ©MurthyDotCom Premium Processing Service ©MurthyDotCom Premium Processing Service guarantees that, in exchange for an additional fee of $1000, the USCIS will review a petition within 15 calendar days of receipt. They do not have to make a final decision within that timeframe. The USCIS has the option, under premium processing, to issue an approval or denial notice, a notice of intent to deny, a request for evidence, or open an investigation for fraud or misrepresentation. ©MurthyDotCom Suspension ONLY of I-140 Petitions until Further Notice ©MurthyDotCom Presumably, this extension of the I-140 premium processing suspension was initially attributable to the large volume of I-485 filings expected under the terms of the July 2007 Visa Bulletin. The USCIS has indicated that the premium processing service suspension will continue until further notice, as the USCIS will continue to evaluate whether it is able to process these cases within 15 calendar days. Until then, the premium processing service is unavailable for Form I-140. This suspension of I-140 petitions DOES NOT affect other petitions, such as H1B, L-1, or other nonimmigrant petitions that are allowed to continue to utilize the premium processing service. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved ©MurthyDotCom . . . . . . . . . . . . . . ©MurthyDotCom 2. USCIS Policy on Requests for Fee Waivers   ©MurthyDotCom Readers will recall from our May 29, 2007 MurthyBulletin article, USCIS Filing Fees Skyrocket from July 30, 2007, that the USCIS significantly raised filing fees, effective Monday, July 30, 2007. Because of the new fee schedule now in place, the USCIS anticipates that some applicants will find it difficult to meet the new fee requirements. Therefore, on July 20, 2007, the USCIS published an interoffice memorandum outlining procedures and criteria that the USCIS adjudicating officers must use when deciding whether to grant a fee waiver request. ©MurthyDotCom Fee Waiver Request Must Show "Inability to Pay" ©MurthyDotCom When requesting a fee waiver, an applicant must show that s/he is unable to pay the required filing fee. In determining inability to pay, the USCIS officers should consider the totality of the circumstances and evidence that the applicant provides; including age, disability, household income, and qualification within the past 180 days for a federal means tested benefit, as well as other individual factors. Overall, the USCIS does not grant fee waivers easily and it is difficult to meet the criteria for a fee waiver. ©MurthyDotCom Forms Eligible for a Fee Waiver ©MurthyDotCom Only certain types of filings are eligible for the fee waiver request. The Memo lists the various USCIS forms eligible for a fee waiver. These forms include Form I-485 (Application to Adjust Status), based upon a limited list of qualifying circumstances; Form N-400 (Application for Naturalization), Form I-90 (Application to Replace Permanent Resident Card), and a few other forms. ©MurthyDotCom Use Correct Procedures to Request Fee Waiver ©MurthyDotCom When filing a fee waiver request, one should use correct procedures prescribed by the USCIS. First, confirm that the form you are filing is included with the forms eligible for a fee waiver. Second, collect and prepare sufficient documentation showing inability to pay. And third, do not submit both the required fee and a request to waive it. (USCIS officers are instructed not to give any weight to the fee waiver request if the application has been submitted with the required fee.) ©MurthyDotCom Exception to the Fee Increase on Certain EB I-485 Cases ©MurthyDotCom As regular MurthyDotCom and MurthyBulletin readers know, the older, "pre-July 30th" fees remain in effect until August 17, 2007 for I-485 (Adjustment of Status) cases, as well as I-131 (Advance Parole) requests, and I-765 (Employment Authorization Document) requests for most employment-based (EB) I-485 cases filed under the July 2007 Visa Bulletin. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved ©MurthyDotCom . . . . . . . . . . . . . . ©MurthyDotCom 3. Court Strikes Hazelton Municipal Ordinances Against Immigrants   ©MurthyDotCom A federal judge of the central Pennsylvania district court struck down ordinances in the town of Hazleton, Pennsylvania on July 26, 2007. The ordinances provided for harsh punishment for undocumented foreign nationals and employers and landlords who provide them with homes and jobs. The city, and now the entire nation, remains divided over the issue of whether Mayor Louis J. Barletta had authority to exercise his mayoral power to enact such ordinances and what the judge's decision is likely to mean for similar local attempts to control illegal immigration. ©MurthyDotCom Local Ordinances Ruled Illegal ©MurthyDotCom Mayor Barletta has proclaimed that his goal in enacting the ordinances was to make Hazleton "one of the toughest places in the United States." In doing so, he violated the basic laws that every American should remember. First, under the doctrine of preemption, the issue of U.S. immigration is a federal and not a local or state responsibility. The federal government may not be managing the immigration situation well, but it has not delegated this power to state governments. Therefore, state governments and their municipalities are not at liberty to enact laws controlling immigration. Second, the United States Constitution provides for equal protection to all people within the U.S. ©MurthyDotCom Conclusion ©MurthyDotCom The recent decision is a sobering reminder that the United States is a country where the rule of law is respected on all levels, whether federal or local. No one may violate the U.S. Constitution without facing consequences. All people, whether "legal" or "illegal," have certain inalienable rights protected by law, and, if adjustments in the legal system are needed, they should be made in accordance with the existing laws and principles at the national or federal level. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved ©MurthyDotCom . . . . . . . . . . . . . . ©MurthyDotCom 4. Lofgren Proposes Bill to Void Recent Fee Increase Posted on MurthyDotCom Jul 31, 2007 ©MurthyDotCom Representative Zoë Lofgren has entered a bill in the U.S. House of Representatives that would reverse the July 30, 2007 fee hike imposed by the U.S. Citizenship and Immigration Services (USCIS). More on this bold move, and a link to her website, are available on MurthyDotCom at http://www.murthy.com/zoex2.html. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved ©MurthyDotCom . . . . . . . . . . . . . . ©MurthyDotCom 5. Attorney Murthy Sends Follow-Up Letter to Michael Chertoff  Posted on MurthyDotCom Aug 01, 2007 ©MurthyDotCom Expressing the concerns of many immigrant families who have been caught in a tangled mess, resulting from the government's flip-flopping with regard to the July Visa Bulletin, Attorney Murthy makes another plea to Department of Homeland Security Secretary Chertoff. Read Ms. Murthy's letter on MurthyDotCom (http://www.murthy.com/news/n_chert2.html), which seeks relief for the individuals who have been stranded abroad. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved ©MurthyDotCom . . . . . . . . . . . . . . ©MurthyDotCom 6. Letter to Zoë Lofgren : Appreciation and Assistance for Those Abroad to File I-485s Posted on MurthyDotCom Aug 01, 2007 ©MurthyDotCom The congresswoman's positive work for immigrants, and her position as chair of the congressional subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law, make her an obvious choice for an alliance. In Attorney Murthy's quest for relief for those stranded abroad because of the government's actions during July 2007, she informs Rep. Zoë Lofgren of her July 31, 2007 letter to Department of Homeland Security Secretary, Michael Chertoff (see Article #5 in this week's MurthyBulletin). Read her letter to Rep. Lofgren at http://www.murthy.com/news/applof.html. ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved ©MurthyDotCom . . . . . . . . . . . . . . ©MurthyDotCom 7. USCIS Issues FAQ #2 for July Filings Posted on MurthyDotCom Jul 27, 2007 ©MurthyDotCom The USCIS has issued a second set of FAQs, generated by the July 2007 Visa Bulletin and issued surrounding I-485 filings under that Bulletin. We at the Murthy Law Firm had submitted many of these questions through AILA for a USCIS response. For a detailed review of the questions posed and the USCIS response, please go to http://www.uscis.gov/files/pressrelease/FAQ2.pdf. These FAQs clarify important issues, highlighted below, regarding date of the receipt of the I-485 for receipt notice issuance, evidence required to file EADs and APs, etc. ©MurthyDotCom Please find the remainder of this article on MurthyDotCom at http://www.murthy.com/news/n_faq2ju.html ©MurthyDotCom Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved ©MurthyDotCom . . . . . . . . . . . . . . ©MurthyDotCom 8. MurthyDotCom : Did You Know about Our Page on Contacting Congress? ©MurthyDotCom Participating in the democratic process has its privileges and its responsibilities. At MurthyDotCom we provide visitors with an overview for contacting elected officials to voice your views, whether you have concerns or wish to express your encouragement. Initially published in the MurthyBulletin January 23, 2004, our article entitled, You Can Make a Difference – How to Contact Elected Officials! offers practical information and explains the process. While one must be a U.S. citizen in order to vote, this is not necessary if you would like to contact members of the U.S. Senate or House of Representatives. ©MurthyDotCom The next session of the MurthyChat will be Monday, Aug 13, 2007, 9:00pm Eastern Time (U.S.). There will be NO CHAT session on Aug 06, 2007, as Attorney Murthy will be attending an important meeting. 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 ©MurthyDotCom . . . . . . . . . . . . . . ©MurthyDotCom 9. 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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