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USCIS

Fact Sheet: USCIS.gov 'E-Notification Capability'

Background

On June 25, President Obama announced that in the next 90 days USCIS would launch a vastly improved USCIS.gov public website to help customers navigate the immigration system and remain up-to-date regarding their case status. USCIS has committed to delivering on this promise by incorporating both internal and external stakeholder feedback. 

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Proposed Rule Related to E-2 Nonimmigrant Status for Aliens in the CNMI with Long-Term Investor Status

Background
The U.S. Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS) will publish a proposed rule in the Sept. 14, 2009 Federal Register that proposes to recognize a Commonwealth of the Northern Mariana Islands (CNMI) specific nonimmigrant investor visa classification. This “E-2 CNMI Investor” status is one of several CNMI specific provisions contained in the Consolidated Natural Resources Act of 2008 (CNRA), which extends most provisions of federal U.S. immigration law to the CNMI.  These temporary provisions are proposed to provide for an orderly transition from the current CNMI permit system to the immigration laws of the U.S., to lessen potential effects on the CNMI economy, and to give foreign long-term investors time to identify and obtain appropriate U.S. immigrant or nonimmigrant status. The transition period will begin November 28, 2009 and end on December 31, 2014. 

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Clarification Regarding H-2B Petitions Filed by Certain Associations on Behalf of Their Members

United States Citizenship and Immigration Services (USCIS) would like to clarify to associations and their members certain regulatory requirements for filing petitions for H-2B classification on behalf of foreign workers. We are issuing this clarification so that the public can be better informed of filing requirements and avoid unnecessary denials of individual petitions that may be otherwise approvable. We have noticed a particular type of filing error in many H-2B petitions filed by certain associations on behalf of their members. Rather than file an individual petition with USCIS, some employers who are members of an association have sought H-2B non-agricultural workers via a “master” petition filed by their association.

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USCIS Issues Guidance for Surviving Spouses of U.S. Citizens

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today issued guidance on requesting deferred action for surviving spouses of U.S. citizens who died before the second anniversary of their marriage. Surviving spouses qualify for this temporary program if they were married to, but not legally separated from, their U.S. citizen spouse at the time of that spouse's death; did not remarry; and are currently residing in the United States.

Surviving spouses qualify for deferred action regardless of whether the U.S. citizen spouse filed a Form I-130 petition for them. Surviving spouses may ask to have their qualifying children included in their deferred action request. To be considered a "qualifying child" of a surviving spouse, the child must be younger than age 21 or otherwise qualify as a child when the deferred action request is submitted; currently reside in the United States; and be unmarried.

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USCIS Update: Expiration Date of Employment Eligibility Verification Form I-9

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced today that the Office of Management and Budget has extended its approval of Form I-9 (Employment Eligibility Verification) to Aug. 31, 2012. Consequently, USCIS has amended the form to reflect a new revision date of Aug. 7, 2009.

Employers may use the Form I-9 with the revision date of either Aug. 7, 2009 or Feb. 2, 2009. The revision dates are located on the bottom right-hand portion of the form.

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Final orders of deportation and motions to reopen
DURING the last few years of the Bush Administration, USICE and related law enforcement agencies have embarked on an aggressive campaign to apprehend...
California Foreclosure Prevention Act update
Last May 21, 2009 the California Foreclosure Prevention Act was made effective. The act precludes the lender from filing a notice of sale for an...
US Citizens must file separate petitions for each ‘Immediate Relative’
Dear Atty. Gurfinkel: While I was still an immigrant, I filed a petition for my spouse and minor children in the F-2A category (spouse and/or minor...
Homeowners with Countrywide loans eligible for Loan Modificationis
ON June 25, 2008, California Attorney General Edmund G. Brown Jr. sued Countrywide Financial, its Chief Executive Officer Angelo Mozilo, and...
The lessons of LABAN: How to fight for your immigration benefits
THIS week has been one to reflect on the life and accomplishments of Corazon Aquino, 11th president of the Republic of the Philippines and known...
Using your old Section 245(i) filing for a newly filed case
(Part 3)In previous articles, I discussed some of the commonly asked questions about the benefits of Section 245(i), which was a law that allows a...
Modifying down child and spousal support in a recession
The economic crisis has affected almost every aspect of our community from depressed real estate prices, lower 401k values, and employment. Many have...
Obama’s Making Home Affordable Program
Declining real estate prices and negative equity continue to drive foreclosure. Many are unable to meet their monthly mortgage payments. Often one...
Why it’s a good idea to have an attorney for your interview or hearing
(Part 1)MANY people had relative petitions filed for them by family members (such as spouse, parent, brother, sister, etc.). After waiting anxiously...
Foreign workers and navigating the rough seas of US immigration
FOREIGN Workers seeking employment in the United States are currently experiencing burdensome scrutiny on the part of some overreaching immigration...
USCIS Delays Rule Changing List of Documents Acceptable to Verify Employment Eligibility
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced today it has delayed by 60 days, until April 3, 2009, the implementation of...
Fiancée entitled to green card despite divorce
Under immigration law, if a person enters the US on K-1 (fiancée) visa, then the only way for that person to adjust status in America is through the...
A Time for Giving Thanks
Thanksgiving is a time for people to take a step back and reflect on all of the wonderful things and events to be grateful for, and to give thanks to...
Voting could result in a lifetime ban
With the upcoming presidential election in November, many civic-minded people are anxious to vote for the candidate of their choice.  Of course, the...
Uscis Ombudsman recommends expedited processing of nurse petitions
Noting that the "nursing shortage in the United States is becoming increasingly problematic and may adversely affect the healthcare industry," the...
Knowing your rights to reimbursements during divorce
DIVORCE can be a bit complicated specially if there are community assets and debts involved. Generally, accumulations and earning after the date of...
Overseas Naturalization Eligibility for Certain Children of U.S. Armed Forces Members
On January 28, 2008, President Bush signed into law the National Defense Authorization Act for Fiscal Year 2008 (H.R.4986 / Public Law 110-181). This...

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