The U.S. Citizenship and Immigration Services (USCIS) National Children’s Art Project is currently underway and the agency is requesting that children between the ages of 5 to 12 years old draw pictures to answer the question, “People have come from all over the world to become Americans. Why does that make us great?” Submission forms are available at www.uscis.gov/childrensartproject and must be turned in by August 16, 2010. Participants’ art will be displayed in offices across the country and participants will be recognized during the 2010 celebration of the “September 11 National Day of Service and Remembrance.”
U.S. Supreme Court Addresses Immigration
In Carachuri-Rosendo v. Holder, the U.S. Supreme Court unanimously reversed the decisions of the U.S. Court of Appeals and an Immigration Judge, holding that second or subsequent simple possession offenses are not aggravated felonies under immigration law when the state conviction is not based on the fact of a prior conviction. Because immigrants convicted of aggravated felonies under immigration law are ineligible to apply for cancellation of removal, this is a significant decision that will give thousands of immigrants the chance to fight their deportation cases.
USCIS Proposes to Raise Fees
U.S. Citizenship and Immigration Services (USCIS) is seeking an increase in immigration application fees in order to offset the gap between the agency’s projected $2.1 billion in revenue and $2.3 billion in costs for 2010-2011. The proposed federal rule would increase fees by a weighted average of approximately 10 percent. Fees for citizenship applications would not increase. American Immigration Lawyers Association President Bernard Wolfsdorf expressed disappointment that the increased fees will not be accompanied by improvements in the quality or efficiency of USCIS decision-making.
USCIS STARTS ISSUING NEW WORK CARDS
USCIS has started issuing new versions of Green Cards, (I-551), which are actually green, and new Employment Authorization Documents, (EAD). USCIS started issuing the new cards in May but will still be accepting old Green Cards and EADs until their expiration date. The new cards have better security features and are less susceptible to fraud and counterfeiting. HR professionals should note these new changes for I-9 purposes.
CDC Proposal to Remove HIV as Bar to Entering U.S
The Centers for Disease Control and Prevention (CDC) published a proposed rule to remove “Human Immunodeficiency Virus (HIV) infection” from the definition of “communicable disease of public health significance,” which previously barred individuals from entering the United States. According to Bernie Wolfsdorf, president of the American Immigration Lawyers Association (AILA), “The rationale for maintaining HIV infection as an excludable condition is no longer valid based on current medical and scientific knowledge and public health practice, and experience which has informed us on the characteristics of the virus, the modes of transmission of HIV, and the effective interventions to prevent further spread of the virus. This proposed rule will remove a discriminatory provision of immigration law that weakens families, limits employment, and stifles innovation and invention.”
INBLF Denver Chapter Announces New Officers
The International Network of Boutique Law Firms (INBLF) chapter in Denver has selected new officers. Emily Curray, partner in the immigration law firm Stern & Curray LLC, recently has been named president of the Denver chapter. Diane King, partner at the employment law firm King & Greisen LLP, will serve as vice president. Among their many responsibilities, Curray and King will supervise and coordinate preparations for the INBLF’s annual black-tie weekend conclave, which this year will be held at Colorado’s famed Broadmoor Resort on October 23-25, 2009. For more information on the INBLF, go to http://www.inblf.com/.
New Border Crossing Requirements Take Effect June 1, 2009
Effective June 1, 2009, all travelers entering the United States or Canada, by land or sea, will need to be in possession of a valid document. In most cases, this would be a U.S. or Canadian passport. There are also “trusted traveler cards,” “U.S. passport cards,” and, in some instances, “enhanced driver’s licenses” which will serve the same purpose. People trying to travel between the U.S. and Canada who are not in possession of one of these documents will be refused entry.
2010 Diversity Visa Lottery
On September 30, 2008, the U.S. Department of State released instructions for entering the 2010 Diversity Visa Lottery program. To enter the Diversity Visa Lottery, applicants must submit an on-line application at http://www.dvlottery.state.gov/ between October 2, 2008 and December 8, 2008. Applicants are encouraged to apply early as website problems are expected toward the filing deadline. Applications will only be accepted until noon EST on December first.
In the Diversity Visa Lottery program certain countries and regions are granted quota visas to diversify the immigration to the United States. Natives of Brazil, Canada, mainland China, Colombia, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, the Philippines, Peru, Poland, South Korea, the United Kingdom (except Northern Ireland) and Vietnam are ineligible for the Diversity Lottery. For instructions on applying for the Diversity Visa Lottery, please see the Department of Consular Affairs’ website at travel.state.gov/visa/immigrants/types/types_1322.html.
Electronic System for Travel Authorization (ESTA)
The Department of Homeland Security has created an internet-based travel authorization system to verify that people who are entering the United States on the Visa Waiver Program are pre-authorized to travel before they arrive in the United States. While the ESTA program will be pre-authorizing travel to the United States, it only authorizes a traveler to board a carrier to travel and is not designed to make a determination on a non-citizen’s admissibility to the United States. The information that is submitted through the ESTA program is the same information that is currently submitted on the I-94W form when a visa waiver applicant arrives in the United States.
The information that is submitted on the electronic application will be checked against all appropriate databases including lost and stolen passport databases and various government watch lists. An ESTA travel authorization will be good for two years, or until the individuals passport expires, whichever comes first. ESTA will have the capability to accommodate last-minute and/or emergency travel needs. ESTA will start on August 1, 2008 as a voluntary program. Using ESTA for travel pre-authorization will become mandatory as of January 12, 2009. The ESTA website is at http://www.cbp.gov/xp/cgov/travel/id_visa/esta/