The U.S. Consulate General in Ciudad Juarez offers a video on what to expect when going to the Consulate for a visa interview.
DELAWARE IMMIGRATION LAWYER BLOG
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The newly published Visa Bulletin for September can be checked here. The priority date for family sponsored preference 2A (spouse and children of permanent resident) is now January 1, 2010 for people from China.
A federal judge on Wednesday blocked the most controversial elements of Arizona’s new immigration law, thrilling the law’s opponents, dismaying its advocates and setting the stage for more legal battles in the future.
The U.S. Embassy in Beijing is currently allowing non-immigration visa applicants to “forum shop” around China’s consular districts. The Embassy has also posted estimates of the next available tourist and student visa interview appointment dates at various offices throughout China.
USCIS launched a redesigned web interface for employers using the E-Verify program. All current E-Verify users are required to complete an updated tutorial. The new homepage includes a case alert feature, as well as a security feature that masks Social Security numbers.
On June 11, 2010, USCIS issued an update count of Fiscal Year 2011 cap-subject numbers. Approximately 22,200 H-1B cap-subject petitions counting towards the 65,000 general cap were receipted in by the Service. Only 9,400 H-1B petitions for aliens with advanced degrees from U.S. institutions have been receipted in counting towards the 20,000 Master’s cap.
In April 2010, the United States Citizenship and Immigration Service (“USCIS”) issued a revised Frequently Asked Questions on Federal Contractors and E-Verify. The FAQ addresses what Federal contracts are impacted by the Federal Acquisition Regulation (FAR), what employees are impacted by FAR, information regarding the initiation of E-Verify inquiries, how the rule impacts subcontractors and more.
E-Verify is a free, Internet-based system operated by USCIS in partnership with the Social Security Administration (SSA). It allows employers to verify the employment authorization of newly hired employees. Based on the information provided by the employee on his or her Form I-9, E-Verify checks this information electronically against records contained in USCIS and SSA databases.
Supreme Court holds that criminal defense counsel has a Sixth Amendment obligation to inform a defendant about immigration consequences or to advise when consequences are clear.
http://www.supremecourt.gov/opinions/09pdf/08-651.pdf
The case, Padilla v. Kentucky, involved a Vietnam War veteran who has resided lawfully in the U.S. for over 40 years. His criminal defense lawyer advised him on the guilty plea which made Mr. Padilla subject to mandatory deportation from the United States. The state of Kentucky’s position was that Mr. Padilla had no right to withdraw his plea when he learned of the deportation consequence. The Supreme Court reversed the Kentucky court’s decision and rejected the federal government’s position that a noncitizen is protected only from “affirmative misadvice” and not from a lawyer’s failure to provide any advice about the immigration consequences of a plea.
“These changes to our immigration law have dramatically raised the stakes of a noncitizen’s criminal conviction. The importance of accurate legal advice for noncitizens accused of crimes has never been more important.These changes confirm our view that, as a matter of federal law, deportation is an integral part—indeed, sometimes the most important part — of the penalty that may be imposed on noncitizen defendants who plead guilty to specified crimes.”
U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition
with the correct fee; not the date that the petition is postmarked. The fiscal year cap (numerical limitation on H-1B petitions) for FY 2011 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master’s degree
or higher are exempt from the H-1B cap.
USCIS will monitor the number of petitions received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the H-1B cap. If needed, USCIS will randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap-subject petitions that are not selected, as
well as those received after the final receipt date.
For more information on the H-1B nonimmigrant visa program and current Form I-129 processing times, visit www.uscis.gov or call the National Customer Service Center at (800) 375-5283.
USCIS recently announced revised filing instructions and addresses for filing several forms, including Form I-765 (Application for Employment Authorization), and I-485 (Application to Register Permanent Residence or Adjust Status). To download most recent forms, please visit www.uscis.gov.
