USCIS Announces Direct Filing Requirement for I-29s and I-539s:
USCIS is changing its filing instructions for Form I-539 (Application to Extend/Change Nonimmigrant Status). Beginning April 2, 2007, forms must be mailed directly to the service center that will process the application, which is determined by geographic location of employment or residence. The correct filing address is supposed to be located on the form instructions, but the form instructions have not yet been updated. USCIS suggests visiting its Web site ( www.uscis.gov) for filing updates or calling the National Customer Service Center at 800-375-5283.
REAL ID Proposed Regulations Issued:
DHS issued a Notice of Proposed Rulemaking (NPRM) concerning REAL-ID-compliant driver's licenses and identification cards. DHS asked for general comment on the regulations on issues such as the types of documents that temporary protected status and asylee applicants may use to validate their lawful status in the U.S., methods for ensuring that each person possesses only one driver's license or identification card, and whether steps to address privacy concerns are appropriate and adequate.
Temporary Protected Status extended for Sudan:
U.S. Citizenship and Immigration Services (USCIS) has extended TPS status for Sudan, which was set to expired on May 2, 2007. The new TPS status will extend until November 2, 2008, and a 60-day re-registration period began March 8, 2007 and will remain in effect until May 7, 2007. Those who previously registered for TPS or whose applications remain pending must re-register in order to maintain TPS benefits through November 2, 2008.
An Application for Temporary Protected Status (Form I-821) must be submitted without the filing fee for those previously granted TPS. If the applicant is also seeking employment authorization, she or he must also submit a $180 filing fee with the I-765 or a fee-waiver request. Applicants must also submit the $70 biometrics fee except for those who are under 14 years of age who are not seeking an employment authorization document (EAD). Applicants whose TPS is still pending should submit Form I-821 without the filing fee, Form I-765 with the $180 filing fee, and the $70 biometrics fee.
Applicants and fees for re-registration or renewal of temporary treatment benefits must be mailed to U.S. Citizenship and Immigration Services, Attn: TPS Sudan, P.O. Box 8677, Chicago, IL 60680-8677 or, for non-U.S. Postal Service deliveries, sent to U.S. Citizenship and Immigration Services, Attn: TPS Sudan, 427 S. LaSalle-3 rd Floor, Chicago, IL 60605-1029. Applications for re-registration that do not require submission of supporting documentation may also be filed electronically.
Certain nationals of Sudan or aliens having no nationality who last habitually resided in Sudan who have not previously applied for TPS may be eligible to apply under the late initial registration provisions. Applicants for late initial registration who are between the ages of 14 and 65 must file Form I-821 with the $50 filing fee or a fee-waiver request and a completed I-765 with the $180 filing fee or a fee waiver request. Those between 14 and 65 seeking an EAD or not seeking an EAD, regardless of age, must file form I-821 with the $50 filing fee or a fee-waiver request and a completed I-765 but do not need to pay the filing fee for the I-765. All late registration applicants except those under age 14 not seeking EAD must file the $70 biometrics fee.
All late initial registration applications must be mailed to U.S. Citizenship and Immigration Services, Attn: TPS Sudan, P.O. Box 8677, Chicago, IL 60680-8677 or, for non-U.S. Postal Service deliveries, sent to U.S. Citizenship and Immigration Services, Attn: TPS Sudan, 427 S. LaSalle-3 rd Floor, Chicago, IL 60605-1029.
USCIS Revises Forms I-751 and I-134 Again:
I-751: the form is unchanged but has multiple changes in its instructions. The revision date of the form is updated.
I-134: the only substantive change to this form appears on page two in question eight, where checkboxes have been added to the columns titled "Wholly Dependent" and "Partially Dependent."
Note: USCIS continues to accept prior versions of Form I-134 dated June 17, 2004, July 14, 2006, and December 4, 2006.
DHS Issues Proposed Regulations for REAL ID Driver's Licenses and Identification Cards:
The Department of Homeland Security issued a notice of proposed rulemaking establishing regulations for compliance with the REAL ID Act of 2005. The proposed regulations would implement "standards for states to meet the act's requirements for issuance of driver's licenses and identification cards intended for acceptance by federal agencies for official purposes. The regulations establish minimum standards for information and features on the face of licenses, information that must be presented and verified before a license is issued, physical security of locations where licenses are produced, and security of licenses to prevent counterfeiting and fraud.
USCIS Employment Authorization Update for Honduran, Nicaraguan, and Salvadoran TPS Recipients:
U.S. Citizenship announced that certain Hondurans, Nicaraguans, and Salvadorans eligible for temporary protected status (TPS) re-registration who have an application pending with USCIS and are awaiting an employment authorization document (EAD) will have an opportunity to have an extension sticker affixed to their EAD while USCIS completes their TPS application. Applicants should not appear at USCIS district offices to seek an extension sticker or interim EAD. Instead, USCIS is mailing eligible TPS re-registrants a letter instructing them on how to proceed to a USCIS application support center to receive the short-duration extension sticker valid through June 2007. An applicant's continuing status and employment authorization may be verified by using the case receipt number and checking USCIS Case Status Online at http://www.uscis.gov or by calling the USCIS National Customer Service Center at 1-800-375-5283.
H-2B Cap Reached for Second Part of FY 2007:
U.S. Citizenship and Immigration Services (USCIS) reached its H-2B visa cap of 33,000 for the second half of Fiscal Year (FY) 2007. March 16, 2007, is the final receipt date for new H-2B worker petitions requesting employment start dates prior to October 1, 2007.
USCIS will continue to process petitions that are filed to: (1) extend the stay of a current H-2B worker in the U.S.; (2) change the terms of employment for current H-2B workers and extend their stay; (3) allow current H-2B workers to change or add employers and extend their stay; or (4) request eligible H-2B returning workers.
Newly Introduced Legislation:
H.R. 1342 (Rep. Phil Gingrey, R-Ga.) : A bill to suspend the Visa Waiver Program until certain entry-exit control requirements are met and for other purposes.
H.R. 1355 (Rep. Sue Myrick, R-N.C.) : A bill to improve sharing of immigration information among state and federal law enforcement officials, to improve state and local enforcement of immigration laws, and for other purposes.
H.R. 1358 (Rep. John Shadegg, R-Ariz.): A bill to create a new nonimmigrant visa category for registered nurses and for other purposes.
H. Con. Res. 83 (Rep. Ted Poe, R-Tex): A concurrent resolution expressing the sense of the Congress that state and local governments should be supported to discourage illegal immigration and that legislation should be enacted to ease the burden on state and local governments for taking such actions.
H.R. 1308 (Rep. Lincoln Diaz-Balart): A bill to amend Titles XIX and XXI of the Social Security Act to permit states to cover legal immigrants under the Medicaid program and the State Children's Health Insurance Program (SCHIP).
H.R. 1312 (Rep. Howard L. Berman, D-Cal.): A bill to expedite adjudication of employer petitions for aliens of extraordinary artistic ability.
H.R. 1314 (Rep. Marsha W. Blackburn, R-Tenn.): A bill to provide that only certain forms of identifications of individuals may be accepted by the federal government and by financial institutions.
H.R. 1275 (Rep. Howard L. Berman, D-Cal.): A bill to amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) to permit states to determine state residency for higher-education purposes, to authorize the cancellation of removal and adjustment of status of certain alien students who are long-term U.S. residents and who entered the U.S. as children, and for other purposes.
H.R. 1287 (Rep. Mazie K. Hirono, D-Haw.): A bill to exempt children of certain Filipino World War II veterans from the numerical limitations on immigrant visas.
H.R. 1221 (Rep. Paul E. Gillmor, R-Ohio): A bill to provide cancellation of removal and adjustment of status for certain long-term residents who entered the U.S. as children.
S. 774 (Sen. Richard J. Durbin, D-Ill.):A bill to amend IIRIRA to permit states to determine residency for higher-education purposes, authorize cancellation of removal and adjustment of status for certain long-term U.S. resident aliens who entered the U.S. as children, and for other purposes.
S. 764 (Sen. Hillary Rodham Clinton, D-N.Y.): A bill to amend Title XIX and XXI of the Social Security Act to permit states to cover legal immigrants under the Medicaid program and the State Children's Health Insurance Program (SCHIP).
S. 721 (Sen. Michael B. Enzi, R-Wyo.): A bill to allow travel between the U.S. and Cuba.
S. 699 (Sen. Wayne Allard, R-Colo.): A bill to prevent fraudulent use of social security account numbers by allowing the sharing of social security data among agencies of the U.S. for identity-theft prevention and immigration-enforcement purposes.
S. 703 (Sen. Herb Kohl, D-Wis.): A bill to expand the definition of immediate relative for purposes of the Immigration and Nationality Act (INA).
S. 717 (Sen. Daniel K. Akaka, D-Haw.): A bill to repeal title II of the REAL ID Act of 2005, to restore §2712 of the Intelligence Reform and Terrorism Prevention Act of 2004 (which provides states regulatory flexibility and funding authorization to produce tamper-and counterfeit-resistant driver's licenses), and to protect privacy and civil liberties.
H.R. 1627 (R-N.C.): A bill to amend Title II of the Social Security Act to require that the Commissioner of Social Security notify individuals of improper use of their social security account numbers.
H.R. 1628 (Rep. Frank Pallone Jr., D-N.J.): A bill to amend the INA to permit the admission to the U.S. of nonimmigrant students and visitors who are spouses and children of U.S. permanent resident aliens, and for other purposes.
H.R. 1631 (Rep. Charles B. Rangel, D-N.Y.): a bill to amend §245(i) of the INA to eliminate the deadline for classification petition and labor certification filings.
H.R. 1636 (Rep. Peter J. Visclosky, D-Ind.): A bill to establish a U.S.-Poland parliamentary youth exchange program, and for other purposes.
H.R. 1607 (Rep. Mike Michaud, D-Me.): A bill to amend the INA to provide for the automatic acquisition of citizenship for certain individuals born in Korea, Vietnam, Laos, Kampuchea, or Thailand.
H.R. 1512 (Rep. Linda T. Sánchez, D-Cal.): A bill to amend the INA to provide compensation to states incarcerating undocumented aliens charges with a felony or two or more misdemeanors.
H.R. 1430 (Rep. Robert W. Goodlatte, R-Va.): A bill to amend the INA to eliminate the diversity immigrant program.
H.R. 1465 (Rep. Robert Wexler, D-Fla.): A bill to provide additional discretion to the Secretary of Homeland Security in designating countries eligible to participate in the visa waiver program under §217 of the INA, and for other purposes.
H.R. 1397 (Rep. Michael M. Honda, D-Cal.): A bill to provide for immigration relief in the case of certain immigrants who are innocent victims of immigration fraud.
H.R. 1379 (Rep. Luis V. Gutierrez, D-Ill.): A bill to assist aliens who have been lawfully admitted in becoming citizens of the U.S., and for other purposes.
S. 966 (Sen. Charles E. Schumer, D-N.Y.): A bill to enable the Department of State to respond to a critical shortage of passport processing personnel, and for other purposes.
S. 913 (Sen. Charles E. Grassley, R-Iowa): A bill to clarify that the revocation of an alien's visa or other documentation is not subject to judicial review.
S. 876 (Sen. Mel R. Martinez, R-Fla.): A bill to exclude from admission to the U.S. aliens who have made investments contributing to the ability of Cuba to develop its petroleum resources, and for other purposes.
S. 850 (Sen. Richard M. Burr, R-N.C.): A bill to improve sharing of immigration information among federal, state, and local law enforcement officials, to improve state and local enforcement of immigration laws, and for other purposes.
S. 844 (Sen. Dianne Feinstein, D-Cal.): A bill to provide for the protection of unaccompanied alien children, and for other purposes.
S. 821 (Sen. Gordon H. Smith, R-Or.): A bill to amend §402 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to provide income through fiscal year 2010 for refugees, asylees, and certain other humanitarian immigrants.
S. 795 (Sen. Barack Obama, D-Ill.): A bill to assist aliens who have been lawfully admitted in becoming citizens of the U.S., and for other purposes.
Should you have any questions or need additional information, and/or would like to join the DHS working group, please contact Eva a. Millona at email@example.com.
This information is provided by the Office for Refugees and Immigrants.