MurthyBulletin
VOL. XIII, no. 49; December 2007, week 1
Posted : December 07, 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. PIMS Verification Required for Certain Nonimmigrant Visas
2. DHS Indicates It Will Expedite FBI Name Checks
3. POEs to Begin Scanning 10 Fingers
4. Immigrant Religious Worker Petitions Require Site Visits
5. MurthyDotCom : Did You Know about MurthyToGo?
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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1. PIMS Verification Required for Certain Nonimmigrant Visas
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The U.S. Department of State (DOS) issued a directive in November 2007 to the U.S. consular posts that the correct procedure for visa issuance in nonimmigrant categories H, L, O, P, and Q will now require consulting an electronic record. The purpose of the Petition Information Management Service, known as PIMS, is to verify that the employer's underlying petition has been approved by the U.S. Citizenship and Immigration Services (USCIS). Even if a beneficiary takes an original I-797 approval notice to the interview, previously sufficient basis for visa issuance, s/he now will have to wait until the information is confirmed through PIMS.
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Not Fully in Place, but Verification May Be Effective Immediately
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While nonimmigrant visa appointments can be scheduled on the basis of approved I-129 petitions and I-797 approval notices, per the DOS instructions now in place, no visas may be issued without verification through the PIMS system. Because no further guidance from the DOS has been issued as of this writing, some consular posts are taking the position that the new directive is effective immediately.
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48 Hours for New Approvals to be Available in PIMS
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Seeking clarification on the new electronic record visa issuance procedure, the American Immigration Lawyers Association (AILA) contacted DOS officials who indicated that, as of November 29, 2007, the data on approvals had not been electronically transferred. Where consular notification is requested, however, information on new approvals should be available in PIMS within 48 hours.
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Domestic Clearinghouse Option for Verification
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DOS has stated that, in the event that an overseas consular post cannot obtain verification of an approved petition through PIMS, it may submit a request through a domestic clearinghouse that can confirm with USCIS that a petition has been approved. The DOS, however, has failed to indicate the processing time for such a request or the number of cases it anticipates may not currently appear in PIMS.
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Conclusion
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How quickly or efficiently the new verification process through PIMS will work remains to be seen. Visa applicants who may be affected by this new process are encouraged to plan well in advance of their visa appointments so that they are prepared if the visa issuance takes longer than expected. We will continue to share updated information with MurthyDotCom and MurthyBulletin readers on developments regarding this new system.
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2. DHS Indicates It Will Expedite FBI Name Checks
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Department of Homeland Security (DHS) Secretary Michael Chertoff indicated in a November 2007 meeting with the American Immigration Lawyers Association (AILA) and other organizations that the U.S. Citizenship and Immigration Services (USCIS) and the Federal Bureau of Investigation (FBI) will make significant changes to the existing name-check process. The goal of these changes is to clear the backlog of immigration cases that are pending due to name-check delays. In addition to clearing the backlog, the changed procedures should permit further expedited processing of such cases, to prevent future name-check delay backlogs. Secretary Chertoff, however, warned that some checks would still be delayed by investigations, but this number should be significantly reduced.
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Criteria to Expedite Name-Check Delays
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As MurthyDotCom and MurthyBulletin readers may recall from our March 2, 2007 article Policy on Expediting FBI Name Checks : Very Limited, the USCIS criteria to expedite cases stalled due to FBI name-check delays include military deployment; age-out cases not covered under the Child Status Protection Act (CSPA) and applications affected by sunset provisions such as green card lottery; significant and compelling reasons, such as a critical medical condition; and loss of social security benefits or other subsistence at the discretion of the USCIS district director. A large number of applicants and petitioners, however, continue to benefit from filing writ of mandamus against the government in U.S. federal courts. This still appears to be a valuable mechanism to compel the government to expedite adjudication of delayed cases.
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Conclusion
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It should be noted that this change only relates to cases delayed due to name checks. It does not address delays for other reasons and in no way addresses the problems faced by those with Applications for Adjustment of Status (I-485) who are waiting for visa number availability.
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It remains to be seen whether the changes in procedures will be sufficient for the FBI to succeed in expediting the name-check process and clearing the backlog. Even if the backlog of cases is cleared, however, there will still be cases delayed due to ongoing investigations. Individuals affected by these types of delays may still benefit from requesting expedited treatment of their cases through administrative and legal procedures.
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3. POEs to Begin Scanning 10 Fingers
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The Department of Homeland Security (DHS) has announced plans to replace current two-fingerprint scanners with ten-fingerprint scanners at all U.S. ports of entry within the next year. The new fingerprinting requirement is one of the top priorities for the DHS, as it furthers efforts to keep potentially dangerous individuals out of the United States, while making legitimate travel more efficient. On November 29, 2007, the DHS started the initial transition at Washington Dulles International Airport. By early 2008, nine U.S. airports will collect additional fingerprints from international visitors. All U.S. citizens and permanent residents, as well as certain parolees, are exempt from this fingerprint collection requirement, which focuses on foreign nationals entering the U.S. in nonimmigrant status.
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Fingerprint Collection : Part of US-VISIT Program
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The ten-fingerprint collection initiative is being led by the DHS's US-VISIT program. Long-time readers of MurthyDotCom and the MurthyBulletin may recall from our January 13, 2006 article US-VISIT Installation Completed at Additional Land Ports, that the US-VISIT program uses biometric data (fingerprint scans and photographs) at the Ports of Entry. This system is used to verify the identity of a foreign national seeking entry into the U.S. and to ensure that the foreign national is not on a list of known suspected terrorists, immigration violators, and criminals. The U.S. Department of State (DOS) is already using ten-fingerprint scanners at most of its visa-issuing posts to facilitate travel and to reduce the chances for dangerous individuals to enter the United States. More information on US-VISIT can be found on the DHS WebSite.
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4. Immigrant Religious Worker Petitions Require Site Visits
©MurthyDotCom
The U.S. Citizenship and Immigration Services (USCIS) provided answers in November 2007 to questions raised at a national meeting. Some of the information related to immigrant petitions for special religious workers. This category has particular antifraud procedures. The USCIS discussed these, as well as procedures for obtaining advance parole documents. This information pertains to the permanent residence category for special religious workers rather than the separate, temporary religious worker "R" category.
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FDNS Site Inspections of Employers of Special Religious Workers
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Employers sponsoring special religious workers for immigrant visas routinely receive visits by the Office of Fraud Detection and National Security (FDNS). The FDNS verifies the existence of bona fide employers via the Compliance Review Process. The timeframe for this process varies depending upon the caseload of the FDNS and it currently averages 90 days, except in Los Angeles, Newark, and New York City, where it takes four to eight months. After the Compliance Review Process is completed, cases are returned to the USCIS, where they are adjudicated. This adjudication is supposed to be immediate. To inquire as to the status of a petition for a special religious worker, customers should contact the National Customer Service Center at 1.800.375.5283, or check online. If the National Customer Service Center cannot provide an answer, then the inquiry will be referred to the California Service Center (CSC), where the case is pending.
©MurthyDotCom
I-485s and I-765s at NSC or TSC and I-131s at CSC
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When an immigrant petition for a religious worker is approved, the religious worker is able to file his or her Application for Adjustment of Status (Form I-485) along with applications for ancillary benefits. Ancillary benefits are the Application for Advance Parole (Form I-131) and the Application for Employment Authorization (Form I-765). According to USCIS instructions, Forms I-485 and I-765 should be submitted either to the Nebraska Service Center (NSC) or the Texas Service Center (TSC), depending upon the applicant's place of residence. The Application for Advance Parole (Form I-131), however, should be submitted to the CSC.
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Conclusion
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We at the Murthy Law Firm appreciate the USCIS's providing this information. This will prove helpful to special religious workers and their sponsoring religious organizations.
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5. MurthyDotCom : Did You Know about MurthyToGo?
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If you prefer your news on the go, the Murthy Law Firm provides two 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. Use MurthyToGo so that you are never out of touch!
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The next session MurthyChat will be Monday, Dec 17, 2007, 9:00pm Eastern Time (U.S.). There will be NO CHAT on Monday, Dec 10th, as Attorney Murthy will be traveling. 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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6. 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.
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Copyright © 2007, MURTHY LAW FIRM. All Rights Reserved
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