MurthyBulletin
VOL. XIII, no. 34; August 2007, week 4
Posted : Aug 24, 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 :
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Announcement : Immigration Voice Group Organizes September Rally
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1. September 2007 Visa Bulletin : Some Good News
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2. CIS Ombudsman on Service Center Issues : EADs, RFEs, Etc
©MurthyDotCom
3. I-485 Fee Readjusted after Aug 17, 2007
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4. NEXUS Program Goes Online
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5. MurthyDotCom : Did You Know about Our Travel Page?
©MurthyDotCom
6. 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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Announcement : Immigration Voice Group Organizes September Rally
The nonprofit organization, Immigration Voice (http://immigrationvoice.org) (IV), is organizing a rally to be held in Washington DC on September 18, 2007. The purpose of the rally is for skilled, educated immigrants to be seen and for their voices to be heard by elected officials, too often focused only on the issues of illegal immigration. These foreign nationals have played by the rules, following often-confusing laws and paying expensive fees in order to maintain their legal statuses. Read more.
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1. September 2007 Visa Bulletin : Some Good News
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As was reported to MurthyDotCom and MurthyBulletin readers immediately upon issuance of the September 2007 Visa Bulletin, there is good news for EB1, EB2, and for certain EB3 foreign nationals in next month's Visa Bulletin. [See our August 17, 2007 MurthyBulletin article, September Visa Bulletin - Some EB Categories Show Availability.] The September Visa Bulletin is also favorable for EB4, Religious Workers, and EB5. The contents of that Visa Bulletin are summarized here for our readers. The most recent Visa Bulletin chart from the U.S. Department of State (DOS) is always available on MurthyDotCom.
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Summary of Visa Bulletin
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Employment-Based First Preference (EB1)
This category has a cutoff date of January 1, 2007 for all countries of chargeability.
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Employment-Based Second Preference (EB2)
This category has a cutoff date of January 1, 2007 for worldwide, Mexico, and the Philippines. China's cutoff date is January 1, 2006; while India's cutoff date is April 1, 2004.
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Employment-Based Third Preference (EB3)
In EB3, there is no availability for China, India, or Mexico. The worldwide category and the Philippines have cutoff dates of August 1, 2002. The "other workers" category is completely unavailable.
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Employment-Based Fourth / Fifth / Religious Workers and Targeted Employment
The EB4, EB5, religious workers, and the targeted employment categories all have cutoff dates of January 1, 2007 for all countries of chargeability.
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Explanation
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As explained in our earlier article, cited above, these numbers are available because the consulates returned unused numbers from July 2007. Since September 30th marks the end of the fiscal year, any numbers not utilized during September are wasted, as they are not rolled over into the next fiscal year. Thus, the favorable cutoff dates in many categories reflect an effort on the part of the DOS to avoid potentially wasting immigrant visa numbers by making sure that enough cases are eligible for approval.
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This will be very helpful to some individuals who, for example, were traveling abroad and could not return to the United States in time to file before August 17, 2007, under the extended July Visa Bulletin. If their priority dates are current for September 2007, some of these people may now be able to file their I-485 cases in September. There are also those with labor certifications that have been pending in the Department of Labor Backlog Elimination Centers, who were unable to file before August 17, 2007. It is also possible that some of these cases could be filed in September, if the labor certifications are approved in time. Of course, it will not help EB3 India, China, or Mexico.
©MurthyDotCom
We at the Murthy Law Firm urge the USCIS to make sufficient efforts toward using all the visa numbers by the end of this fiscal year. With demand greatly exceeding supply in this case, all efforts should be made to avoid squandering these numbers that are valuable to the beneficiaries as well as their U.S. employers. The USCIS has recently demonstrated that they are capable of processing large volumes of cases quickly. Similar effort should be put forth to approve enough cases so that no visa numbers are lost.
©MurthyDotCom
Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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2. CIS Ombudsman on Service Center Issues : EADs, RFEs, Etc
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The CIS Ombudsman's office holds regular teleconferences to provide updates and respond to issues posed by those participating in the telephone calls. On August 16, 2007, the CIS Ombudsman, Mr. Prakash Khatri, held a teleconference on the United States Citizenship and Immigration Services (USCIS) service centers. The August 16, 2007 teleconference addressed delays in issuance of receipt notices, possible Requests for Evidence (RFEs) on I-485s, Employment Authorization Document (EAD) delays due to July / August 2007 filings, processing delays of Applications for Adjustment of Status (I-485s), FBI name-check delays, and other important matters. The CIS Ombudsman's teleconferences provide a forum for voicing issues of concern to individuals and employers, as they interact with the USCIS.
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This was one in a series of teleconferences entitled "How Is It Working for You?" The teleconferences are open to the general public. Information on two earlier teleconferences, in which our firm participated, was shared with MurthyDotCom and MurthyBulletin readers in our articles Ombudsman's Teleconference on RFEs / NOID Issues (May 4, 2007) and Ombudsman Addresses Excessive Name Check Delays (July 27, 2007).
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USCIS Service Centers
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The USCIS service centers are part of the Department of Homeland Security. The role of the service centers is to adjudicate applications and petitions for immigration benefits filed by foreign nationals and/or their employers and/or qualified relatives. There are four service centers designated to serve the general public, based on the geographic location and/or the type of petition or application. They are the Vermont Service Center (VSC), the California Service Center (CSC), the Nebraska Service Center (NSC), and the Texas Service Center (TSC).
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FBI Name-Check Delays
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The inability of the FBI or the USCIS to process name-check requests in a timely manner is a pressing issue for a great number of people whose applications for the "green card" have been delayed for years as a result. The CIS Ombudsman addressed this in great detail in his July 20, 2007 teleconference, on which we reported in the July 27th article cited above. On August 16, 2007, the Ombudsman reiterated that his office is working closely with the USCIS to redress this daunting situation and that he anticipates that the USCIS may provide an announcement on matter in the near future.
©MurthyDotCom
Many who participated in the August 16, 2007 teleconference raised more questions with regard to the FBI name checks, including a problem of possible denials of green card applications because of a change in circumstances (such as a change in employers) during the long wait for a name check to clear. Other questions included the concern that time spent waiting for the adjudication of one's green card application is not being counted against the standard five-year physical presence requirement to qualify for U.S. citizenship.
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The CIS Ombudsman assured teleconference participants that he would do everything in his power to bring the issue of name-check delays to the attention of the USCIS so that it can be resolved.
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USCIS Filings Surge in July / August 2007
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The CIS Ombudsman shared with teleconference participants his estimate of the number of filings made prior to the August 17th deadline for the submission of I-485s (Applications for Adjustment of Status), under the July 2007 Visa Bulletin. According to his estimation, this number may be close to 200,000 filings. Recent reports in the news media placed the number at about 300,000 filings, due to the priority dates becoming current for most employment-based applicants. It is assumed that this number includes the I-485 filings made by applicants whose priority dates became current in June and July 2007, as well as those of spouses and minor children. It is also assumed that the EAD and Advance Parole (AP) filings are being included in this number, as well as the many I-140s that were filed as part of concurrent I-140/I-485 filings during this period. There may have been a surge in filings unrelated to the June and July Visa Bulletins, as well, which were filed to avoid the substantially increased filing fees that went into effect on July 30, 2007.
©MurthyDotCom
Delays in Receipt Issuance Expected
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Due to the unprecedented number of filings submitted to the various service centers in a short period of time, USCIS is unable to issue the majority of receipt notices within the usual timeframe. The CIS Ombudsman reminded teleconference participants that receipting dates are published on the USCIS WebSite in the form of a press release. The most recent press release on this subject was issued after the teleconference, on August 17, 2007.
©MurthyDotCom
At this time, not all of the recently-filed applications and petitions have been entered into the USCIS system. One should remember that different applications require a different amount of input and, therefore, some applications may be receipted earlier than others, even if filed on the same date.
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Errors in I-485 Applications Should be Issued RFEs
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Many I-485 adjustment-of-status applicants and their attorneys had to rush their filings, particularly June 29-30, 2007, when rumors started to circulate that the priority dates announced by the U.S. Department of State (DOS) under the July 2007 Visa Bulletin were not going to be honored by the USCIS for I-485s filed during the month of July 2007. Therefore, many such cases could have been filed with minor errors. The CIS Ombudsman assured teleconference participants that he would encourage the USCIS to take a "customer-based" approach (as opposed to a "straight agency rule") and not deny those cases for minor errors or mistakes. Many of these applicants would not be eligible to file again for many months, or even years, should their cases be denied for matters that could easily be addressed in RFEs.
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EAD Applications - Delays Likely
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EADs, filed on the basis of I-485 applications, are required by law to be adjudicated within 90 days. Because of the great number of EAD applications filed, it seems to be physically impossible for the USCIS to adjudicate all these applications within the prescribed time. Therefore, the CIS Ombudsman has indicated that he will work with the USCIS to ensure that there is a procedure in place to issue interim EADs after the 90-day deadline for adjudication. MurthyDotCom and MurthyBulletin readers are cautioned not to rely upon the possibility of an interim EAD after 90 days, however.
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Conclusion
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The CIS Ombudsman believes that the USCIS service centers are providing good service to their customers. Unfortunately, there are various circumstances in which their clients do not receive the service or benefits within a timely manner. The CIS Ombudsman's role is to ensure that the service centers continue to improve their services and eliminate systemic problems that they may be experiencing. One of the tools that enables the CIS Ombudsman to fulfill the agency's role is these regular teleconferences. By meeting with the general public in this way, Mr. Khatri hears our concerns and can work on solutions.
©MurthyDotCom
Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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3. I-485 Fee Readjusted after Aug 17, 2007
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A Final Rule, effective August 18, 2007, was issued by the U.S. Citizenship and Immigration Services (USCIS) on the matter of filing fees for Form I-485, Application to Register Permanent Residence or Adjust Status and derivative benefits associated with I-485 filings. These include Form I-765, Application for Employment Authorization (EAD), and Form I-131, Application for Travel Document (AP). This final rule removes the temporary reprieve from the fee increase, originally scheduled to go into effect July 30, 2007. All I-485 filings made on or after August 18, 2007 must include the filing fees as described in our May 29, 2007 NewsFlash, USCIS Filing Fees Skyrocket from July 30, 2007, available on MurthyDotCom.
©MurthyDotCom
Temporary Relief Period Ends
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The USCIS had granted the temporary reprieve from the increased fee for individuals filing I-485s and applications for derivative benefits though August 17, 2007, based on the July 2007 Visa Bulletin. This was part of the reinstatement of the July 2007 Visa Bulletin and the permission to file under that Visa Bulletin through August 17, 2007. Since the August 17th deadline has passed, however, subsequent filings must observe the increased fee structure. For I-485s, this means a fee of $1010 for most applicants. (MurthyDotCom and MurthyBulletin readers are reminded that this new fee includes filing fees for incidental benefits like the EAD and AP.) The USCIS policy requires those who filed with the earlier, lower fees to pay annual extensions of the EAD and AP at the new, higher fee levels, in effect as of July 30, 2007. Cases filed without the proper filing fee will be rejected. It is therefore important to always check a listing of current, applicable filing fees for every application or petition to avoid rejection for including improper or incorrect filing fees. USCIS forms and fees are available through MurthyDotCom.
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Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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4. NEXUS Program Goes Online
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The U.S. Customs and Border Protection (CBP) announced its new, online NEXUS application system on August 16, 2007. The use of the NEXUS card is an alternative to a passport for travel between the US and Canada. According to the CBP, "[t]he system helps [its] officers accomplish their dual mission of securing the borders while facilitating trade and travel." Regular MurthyDotCom and MurthyBulletin readers may recall our December 8, 2006 article, Reminder: Passports Required for Western Hemisphere Air Travel. In light of that recent requirement, this voluntary program allows persons holding NEXUS cards to travel, crossing the border between the United States and Canada more easily and with less potential for delays.
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Rather than providing a hard copy of the application to an enrollment center, the new web-based system streamlines the processing time for new applications and renewals, and expedites the application process. After admission to NEXUS, individuals are allowed to review their information, make changes, if necessary, and renew membership.
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NEXUS Program
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The NEXUS Program was first implemented in 2000. NEXUS card holders are given access to dedicated commuter lanes, airport kiosks, and telephonic marine reporting, all of which allow for expedited processing. Access is provided to 15 lanes at 11 locations along the U.S. / Canada border, at marine reporting locations border-wide, and at five Canadian airports. According to the CBP, more than 133,000 travelers from both sides of the border are currently enrolled in NEXUS, which accounts for more than six percent of border crossings.
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Under NEXUS, applicants undergo background checks, in-person interviews, fingerprinting, and pay a nonrefundable $50 membership fee, valid for five (5) years. All applicants 18 years of age and older must pay this fee. All others are only required to submit the application. When one submits his/her data through the online system, s/he is prompted to pay the fee using a major credit card or checking account information.
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What Are the Criteria for Eligibility?
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Qualified individuals include citizens and permanent residents of the United States and Canada. Any others who plan to temporarily reside in the U.S. and/or Canada, and who pass an Interpol criminal history check, are eligible for the NEXUS membership for the duration of their temporary residence.
©MurthyDotCom
Who Does Not Qualify?
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People who do not qualify include the following individuals:
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those inadmissible to either the United States or Canada under applicable immigration laws
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those who provide false or incomplete information on their applications
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those who have been convicted in any country of a criminal offense, for which they have not received a pardon
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those who have violated any customs or immigration laws
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those who will not lawfully reside in either Canada / U.S. for the duration of the NEXUS membership
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those who fail to meet any other requirements of the NEXUS program
How to Apply
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Interested persons should submit an online application and pay the
membership fee by using the
Global Online Enrollment System (GOES).
Once the completed application is received by the CBP, it will be reviewed
and notification of a conditional approval will be sent. Applicants will
also be instructed to schedule appointments for interviews. A NEXUS
appointment interview is scheduled according to the online instructions.
If the CBP denies an application, the enrollment office will send a letter
to the applicant outlining the reasons for the denial.
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Both the United States and Canada must approve one's application before a
NEXUS card will be sent, allowing participation in the program.
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If Application Has Been Mailed
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One who has already mailed an application to the Canada Border Services
Agency must continue that process. S/He will be instructed by mail to
contact an enrollment center to schedule an interview. Upon the expiration
of the border card, one may apply to renew his/her NEXUS membership online.
©MurthyDotCom
Copyright © 2007, MURTHY LAW
FIRM. All Rights Reserved
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5. MurthyDotCom : Did You Know about Our
Travel Page?
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Immigrants,
nonimmigrants, tourists, and students always have questions about when it is
safe to travel and what documentation they should carry. 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!
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The next session of the
MurthyChat will be Monday, Aug 27, 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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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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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.
Copyright : Documents from this site may be printed for personal use as long as the copyright notices are included on the print-outs and the documents are not modified or altered.