Fri, May 4th, 2012

INFOPASS is a free service which helps you to schedule an appointment with the USCIS immigration officer, by using the internet, at any time. If you have any issues related to immigration which requires the help of a trained USCIS immigration officer, you may schedule an appointment using INFOPASS. By making an appointment through this free service, you need not request it in person, at the local USCIS office.

Through INFOPASS, you can schedule your own appointment free of any charge. It is convenient because you can make the appointment through the internet from your home or even from some other place. You can also choose your preferred language from a selection of 12 languages.

While making the appointment, you will be required to provide your mailing address and ZIP code, through which INFOPASS will designate the correct USCIS office. As you make the appointment, you also have an option to select the type of appointment which is required to solve your issues related to immigration. You must not fail to provide your name, date of birth and telephone number along with your ZIP code.
This free service allows you to choose a date and time, which is convenient to you. You can check with the INFOPASS, as new choices for appointment are made available every day.

Make sure that your computer is connected to a printer as you must print your INFOPASS appointment, once the appointment notice appears on your computer screen.

In order to resolve your inquiry related to immigration, you must bring the necessary documents that may explain your problem, while you meet the Immigration officer. You must bring the INFOPASS appointment notice that you printed. Along with that you must bring a copy of a photo identification issued by the government, such as a valid passport, driver’s license, Green Card, Employment Authorization Document, Form I-94, Arrival-Departure Record. You must also bring with you all the immigration forms, approval or denial letters, receipt notices, and other documents which are related to your immigration issue.

INFOPASS also allows you to cancel or reschedule an appointment that you have already scheduled. You can do so by using the identification numbers found at the at the bottom of your printed appointment confirmation notice. The USCIS recommends the applicants to cancel the appointment if they may not be able to appear at the appointed time. There is no penalty for canceling or rescheduling an appointment.

 Fri, Apr 27th, 2012

The Immigration and Customs Enforcement (ICE) have begun issuing several Notices of Inspection (NOIs) on companies’ I-9 forms. ICE usually sends these notices in bits and spurts. Earlier in 2008, they issued thousands of NOIs and in 2012 hundreds were issued. Now another 500 has been issued in March.

The government is now planning to change the one page form into a two-page one and will also be revising the contents. With the different state laws constantly evolving, the government is making it compulsory for all the employers located within certain states to enroll in the e-verify program. So the I-9 compliance is always changing and reviewing it regularly is very important.

Form I-9 is used by employers to verify the eligibility of workers to whom employment has been offered. All employers must follow this legal mandate regularly unless already exempt from this compliance. It does not matter whether the person who is offered employment is an American or foreign national. All the employers should have this I-9 documentation as specified by law. If the employer does not comply there is a risk of fine and other serious punishments for having hired people who are not authorized to work in the United States.

An I-9 audit is also conducted periodically to check the documentation of the employer. The employer could therefore do well to hire a lawyer to help point out corrections required to reduce or minimize fines and sanctions. The I-9 audits could be random, but it could also be triggered by whistle blowers, non-matching social security numbers, etc. The government usually targets owners, corporate managers and supervisors for non-compliance. Once the government informs about the audit, the company has three business days to keep all its documentation ready to be inspected. If the government identifies non-compliant forms during the audit, it will give the employer ten days to make the necessary corrections. If the corrections are properly executed then the employer may not be required to pay fines and the final amount due may also be refused.

There are however some mistakes that cannot be corrected. Missing I-9 forms and non-completion of the I-9 forms within the stipulated times are some of the mistakes. Government agencies share information and any failure to be compliant by potential employers could trigger an audit.

The I-9 must be completed with integrity so as to not get into serious trouble with the government arising from false claims of citizenship. Meanwhile the government too does not go after only big employers. While big employers are fined millions of dollars, there are several small employers who also get into serious trouble.

With audits getting stricter, foreigners should be careful in extending immigration documents regularly so that employment is not interrupted.

 Fri, Apr 20th, 2012

Form I-797C is a very important immigration form that is used by the USCIS to communicate vital information to its applicants. Applicants are always advised to follow the instructions that are on Form I-797 for proceeding further on their application process. This form is used to intimate the applicants if their petition has been:

• Received
• Rejected
• Transferred
• Re-opened

Additionally, biometric appointments and interview schedules are also communicated to the applicants using this form only.

Very often, applicants tend to think that they are eligible to receive immigration benefits, just because they received this form. In order to take away this wrong idea, the USCIS has brought some changes to this particular immigration form.

The New Form I-797C

The following changes are effective starting from April 2, 2012.

Previously: This form had the US Department of Homeland Security’s (DHS) seal with the header ‘The United States of America’ and was printed on more expensive bond paper.

Now: Bears a header that states – ‘THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT’ and is printed on a plain bond paper.

In addition to this change, the reverse side of the form will carry information about the disability accommodation information after April 12, 2012 onwards. All these measures are aimed at increasing the savings for the Government.

Now that the new form is in place, it does not mean that its older versions are invalid. Those who have been issued with Form I-797C before April 2, 2012 should keep it safely for record purpose. Also the USCIS has insisted that the state and local benefit granting agencies should never accept, or even make use of this form, to administer an immigration benefit.

 Fri, Mar 30th, 2012

The USCIS has instituted a grant of $5 million for competitive grant funding, in order to expand the quality of citizenship preparation services for permanent residents. Since creating the Citizenship and Integration Grant Program in 2009, the USCIS has awarded about $18.3 million through 111 grants to organizations serving immigrants. Citizenship preparation services have been provided by these organizations to over 29,000 green card holders in 30 states and the District of Columbia.

There are several inspiring stories behind these numbers. Immigrants take inspiration from these programs in order to achieve their dream of becoming a citizen. According to some officials at the USCIS, an Ethiopian refugee who was over 70 years of age who did not know to read or write in English was inspired to learn the language. Her instructor said she had struggled initially with basic alphabets, but later on went to write practice sentences on the blackboard for her class. She later became a citizen of the United States.

This year, the USCIS hopes to support organizations nationwide. The hard work put in by instructors in these organizations has only made this success possible. This year direct providers of citizenship preparation services will get one competitive funding opportunity. The application package that is due on May 7th, 2012 is now available at http://www.grants.gov. If you want to know more about the Citizenship and Integration Grant Program, you may visit www.uscis.gov/grants. All eligible applicants are encouraged to apply.

There are two components to this program. One is citizenship instruction and the other is naturalization application services. The citizenship instruction is to help permanent residents to prepare for the English and Civics test. The naturalization application service is to help people in the interview process.

This program is to help the lawful green card holders to become citizens. With this grant the USCIS is planning to announce 31 grant recipients in September 2012. The closing date for these applications is 7th May 2012. The applicants may apply in advance and register the necessary information to complete the registration process before May 7, 2012. Those who have already received funding FY 2011 cannot reapply again for the new FY 2012. Activities supporting this program includes making the instruction and application services reachable to the under served permanent resident communities and those with lower income.

 Fri, Mar 23rd, 2012

Violence Against Women Act is a law of 1994. This is a federal law which was passed by the United States. The Violence Against Women Act (VAWA) is said to be the first law to assist government bureaus and the advocates to work together towards reducing violence against women. This law has created new penalties to prevent aggression against women. It is created in such a way that it will help the affected.

VAWA was composed by the U.S. Senator Joseph R. Biden’s office. The law was supported by many organizations such as the National Network to End Domestic Violence, Legal Momentum, the Texas Council on Family Violence, National Coalition Against Sexual Assault & Domestic Violence, The National Organization for Women and Futures Without Violence.

Violence against women is almost a result of gender relations. It is because men are assumed to be superior to women. Women are given a low-level status. Violence against women includes physical, psychological, sexual and emotional abuse. Domestic violence includes violence by an close partner or by other family members. Physical tortures include battering, sexual abuse and murder. Psychologically the women are threatened through abuses, mortification, compulsion, blackmail, economic warnings and emotional threats. Finally such issues result in the death of the victim. Domestic violence against women are often due to various unknown reasons. A girl normally grows up with a sense of helplessness. She is always in need of physical and social protection. The most important reason for violence against women and girls is because fundamental human rights are denied.

This Act heightens the investigation and legal action of fierce crimes against women. It has also increased the grants to arrest the criminals. This Act was designed mainly against domestic violence, sexual violence and stalking. In the beginning it did not stipulate funds for victims. Then it created a grant program for the prevention of rape, for education, financial support and counseling. It is said that, five years after the bill was passed, there is a change in the attitude and behavior related to violence against women. Hence, the final version of the bill came out with a strong focus related to the needs of the victims the people who work with them.

VAWA includes:

• Prevention of violence programs in communities.
• Services for disabled victims.
• Protection for the affected women who are abandoned due to domestic violence.
• Protection for immigrants who are abused.
• Providing financial support to women from different nationalities.
• Legal assistance for victims of domestic aggression and sexual assault.
• Services for the affected children and teens.
• Privacy protections for victims who had suffered dating and sexual Violence.
• Prevention schemes to stop violence before it could start.
• Focus on the needs of the women belonging to communities which are under served.

VAWA launched a hotline in 1996. It is the National Domestic Violence Hotline which operates throughout the year. It renders the callers with general information about violence against women and about the services offered to the victims. The studies show that the crime rates have been decreasing through the implementation of the law. It has brought considerable changes over the past 15 years.

Though the Violence Against Women Act has a positive impact on the victims, it is found to have certain gaps. An effort to make the law more effective will help to reduce crime rates.

 Fri, Mar 9th, 2012

The Refugee, Asylum and International Operations Directorate (RAIO) provides protection, humanitarian and other immigration benefits and services all over the world, all the while fighting against fraud and to protect national security.

They have a worldwide, dedicated workforce that excels in establishing U.S. national security and humanitarian interests, by offering immigration benefits and services. The U.S. is committed to providing lawful immigration for eligible refugees by preventing those illegal immigrants who pose a national security threat. With this motive, the U.S. opens its doors to those who are fleeing oppression, persecution and torture that happens due to their race, religion and nationality. It also gives preference to those requesting benefits on a humanitarian basis.

The USCIS also recognizes certain categories of people that are active members of the Armed Forces serving abroad, who seek to be naturalized citizens. They also include:

• Lawful permanent residents who are abroad but have lost their papers will be enabled to return lawfully to the U.S.
• Individuals who live overseas and want to be reunited with their relatives in the U.S.

The RAIO operates from three divisions. The refugee affairs division will provide humanitarian benefits of refugee resettlement to those in need of protection throughout the world while protecting the U.S by national security screening.

The Asylum division manages the asylum process to those who are already at a port of entry without any immigration proceedings waiting to request for asylum as they are unwilling to go back to their country for fear of persecution.

The International Operations Division has 28 international field offices around the world. They play a critical role in providing immigration benefits to individuals and in matters of detecting fraud.

USCIS Process for Refugee Visas

In order to apply for asylum, applicants have to file form I-589, (to withhold removal) if you are already in the US. You may file it in four centers, Texas, California, Pennsylvania and Nebraska, depending on the place you currently live. You can mail it to that center, the USCIS mentions in the form. If you are in the immigration court you may file the I-589 with the court that has jurisdiction over your case. The biometric services for this case will be free of cost.

For a refugee who is inadmissible into the US for a conviction or on health grounds, may apply for a waiver of inadmissibility on humanitarian grounds or national interest. For this one may file form I-602.

 Fri, Mar 2nd, 2012

A naturalized citizen may apply for a U.S passport. There are several requirements for getting a U.S passport. The passport can be obtained by filing an application with the U.S Department of State. If you are applying for a U.S. passport for the first time and you are under the age of 16, you have to apply in person.

You have to apply in person if:

• your passport was issued when you were under 16 years of age;
• your previous passport is lost, stolen or damaged;
• you got your passport more than 15 years ago; or
• officially you haven’t documented any change in your name legally after your passport was issued.

There are special requirements for those who are 16 and 17 years old, special requirements for diplomats, officials and regular no-fee passports and those applying for passports from outside the U.S. These persons should also apply in person at the Department of State.

An adult applying for a passport should:

1. Fill the application.
2. Submit the passport application in person.
3. Submit an evidence for being a citizen.
4. Submit Identification.
5. Present photocopies of the identification documents.
6. Pay the fees.
7. Submit a passport-sized photo.

While filling out the form, the applicant should not sign the application until he or she is instructed to do so by the accepting agent. You should also provide your social security number in accordance with 26 USC 6039E, failing which there may be processing delays or the denial of your application. The forms duly filled must be submitted in person at an acceptance facility or passport agency. All the documents submitted with Form DS-11 as evidence of citizenship will be returned to you. These documents will be delivered along with your newly issued U.S passport or separately mailed.

The identification documents that are to be presented include:

• Already issued, undamaged U.S. Passport.
• Naturalization certificate
• A valid driver’s license
• Current government ID (city, state, federal)
• Current military ID (military and dependents)

If you cannot submit primary evidence, you should submit any secondary evidence such as a birth certificate. If you submit an out-of-state primary evidence, you should also provide a secondary ID with your photo, name and address, with birth certificate and the document issuance date. You should also provide photocopies of the documents submitted. The rules for making photocopies are given below:

• You may take the photocopies of the front and back of the documents being submitted. The copies should be on standard white paper 8 ½ x 11” showing the front and back of the ID. It should contain images on only one side of each page.
• If copies cannot be made, two separate pages can be submitted. The paper should be free of other images or markings.
• The paper cannot be substituted for any other color sized paper or smaller sized paper.
• You may not enlarge the image on your ID nor reduce its size.

The other less common situations that require photocopies are:

• If you provide secondary identification, front and back of the document must be photocopied.
• If an out-of-state primary identification is being submitted you may have to provide a secondary ID.
• Both sides of all documents and evidence must be photocopied.
• If a credit card is being submitted as a secondary evidence, a photo copy is not required.
• An assistant to a disabled applicant must also submit a photocopy of his or her photo ID.
• A person who is acting as an attending witness is also supposed to submit a photocopy of his or her ID.

After all of the above procedures are completed, pay the prescribed fees using the method of payment prescribed in the form. Provide a passport photo as prescribed to avoid processing delays. If you are applying in person, do not attach your photo to the form.

 Fri, Feb 3rd, 2012

United States of America continues to be one of the most-favored destinations for people from around the world. There is always a long queue waiting for its turn to be able to enter the country. Furthermore, it is also true that many do not wait for their turn but enter without legal documentation.

Persons can enter the United States to live there permanently or for a temporary period of time. A person wanting to come to the United States to live and work permanently has to apply for an immigrant visa, more commonly known as a ‘Green Card‘. Persons who want to visit the United States for various purposes covering a certain period of time only, need to apply for nonimmigrant visas. The nonimmigrant visas allow them to live in the country for a duration depending on the purpose of their visit.

There are several ways in which to get an immigrant visa – through family members, employment, investment, marriage, the diversity visa lottery, asylum or refugee status and certain other special cases. No one method can be called the easiest or the quickest method because each involves a lot of procedures and processes. However, immediate family members of United States Citizens do not have to wait for a visa to be made available to them. Once they establish their relationship to the sponsor they can apply for and get a Green Card immediately.

Nonimmigrant visas are also of several types, depending on the purpose for which they are used. Reasons why people may visit America include tourism, studies, business, work, medical treatment, exchange programs, trade, etc. Each category has a specific visa type, and each visa is valid for a particular duration. Most often; there are provisions to extend stay or to change from one temporary visa type to another.

People can apply for an immigrant visa from inside or outside the United States as long as they fulfill all the eligibility requirements and follow the specified procedures. Getting a Green Card from outside the country is called an immigrant visa whereas, getting one from within the country is known as an adjustment of status.

Persons generally apply for a nonimmigrant visa at a U.S. consulate abroad. Applications to extend status or to change from one nonimmigrant status to another can be made from within the country.

A visa defines the status of the person holding it. United States visas do not guarantee admission into the country. Visas allow people to travel to a port of entry (airport, sea port, border), and there they need to present their papers to the immigration officials. It is at the discretion of the immigration officer to allow or deny entry to the United States.

 Wed, Jan 25th, 2012

Immigration Form I-693, Report of Medical Examination and Vaccination Record, has to be completed by a designated civil surgeon for an applicant who is filing to adjust status to a lawful permanent resident in the United States. Applicants for adjustment of status need to undergo a medical examination and establish that they are not inadmissible to the U.S. under medical grounds. Section 212(a)(1) of the Immigration and Nationality Act lists the public health grounds under which a person may be considered inadmissible.

USCIS designates civil surgeons for the sake of medical examinations for immigration purposes. Applicants need to get examined by these designated civil surgeons. The civil surgeon in turn will have to complete the examination and give the report to the applicant in a sealed envelope. It is the duty of the applicant to submit the report in the sealed envelope along with his or her I-485, Application to Register for Permanent Residence or Adjust Status to the USCIS. A report in an unsealed or opened envelope will be returned by the USCIS.

The medical examination determines whether an applicant is or is not inadmissible to the United States. Most persons applying to adjust status need to submit the medical report from a medical examiner as designated by the USCIS. This report is valid for 12 months. So it is best for an applicant to get the medical examination done as close to the date of application as possible, after allowing for the time required by the doctor to conduct his exams and get the required laboratory reports.

Like how a report in an unsealed envelope is not valid, similarly a report completed on an old version of Form I-693 is also invalid. Such reports will be returned to the applicants. They will then have to get the medical examiner to complete a Form I-693 which is a current version accepted by the USCIS.

All medical reports submitted on Form I-693 on or after January 01, 2012 have to be on the current edition of the form which is dated 10/11/11. Prior editions will not be accepted. Applicants are requested to check on the government website for the latest version of the form and the editions that are accepted by the USCIS before they file for any immigration benefit.

USCIS publishes a list of approved immigration doctors. Applicants can check this list to find a doctor located close to them. Doctors who are interested in registering to be designated as immigration doctors by the USCIS can also visit the government website for information and instructions.