Badmus Immigration Law Firm Newsletter )
Immigration Prescription for Physicians February 2008
in this issue
  • Visa Bulletin for March 2008
  • USCIS Announces New Rule on Delayed Name Check Green Card Applicants
  • Job Notices for Physicians
  • Tips on Recording a Timely Departure from the U.S.
  • USCIS Announces 120-day Window to Renew EAD
  • Free Teleseminars are Back!
  • Black History Month - Pioneer in Medicine
  • Join the Badmus Team for a Cure for Arthritis
  • Greetings!

    Here's our February 2008 edition of immigration information that may be helpful to you or a colleague.


    Badmus Immigration Law Firm

    Visa Bulletin for March 2008

    The visa bulletin provides information regarding the availability of immigrant visas (green cards) every month. If the number of applicants exceeds the number of green cards available, then a backlog is created. Physicians who apply for green cards based upon employment are generally placed in the EB-2 category. For the month of March, green cards are available for the EB-2 applicants except for those applicants born in India or China. In the EB-2 India category, there are no green cards available. In the EB- 2 China category, applicants who applied before December 1, 2003 may receive green cards or file I- 485 applications. Click here to view the Visa Bulletin for the month of March

    To get started on your green card process- just call 888-849-9104 x 207 or email [email protected] to consult with one of our qualified attorneys.

    USCIS Announces New Rule on Delayed Name Check Green Card Applicants

    On February 4, 2008, the USCIS announced that it will no longer delay the adjudication permanent residence ("green card") applications because of uncompleted FBI name checks. This is a welcome change in policy for nearly 400,000 applicants who have been waiting many years for their green cards while most who apply gain approvals in less than a year.

    The USCIS conducts a three-part security check on every application, consisting of an FBI fingerprint check, IBIS (government record) check, and an FBI name check. The majority of applications clear all of these checks within six months, according to the FBI. The name check, however, has posed a problem for many because their name may turn up as a potential match in the FBI database. For example, an applicant with a common name like "John Smith" may turn up as a "hit" and require further investigation. When this happens, the FBI must manually review records to determine if the name is a true match to a potential threat. Because of the FBI's admittedly limited resources and staffing, many years could pass before the FBI even began to review a case.

    Before this most recent announcement, the USCIS would hold an I-485 application in limbo until the FBI completed its name check, no matter how long it took, even if the fingerprint check and IBIS check were clear. Because of these inordinate delays with no end in sight, many applicants sued the government in federal court and won.

    Now, if the FBI fails to complete the name check in six months, the USCIS will now approve applicants who clear the fingerprint check and IBIS check and meet all other immigration requirements. If the completed name check reveals that the applicant is inadmissible as a permanent resident, the USCIS can institute revocation or removal proceedings to reverse the grant of permanent residence.

    In a recent update, the American Immigration Lawyers Association (AILA) has confirmed that the USCIS service centers are conducting "sweeps" to find adjustment of status (I-485) cases that can be reviewed for adjudication under the changes in background check procedures announced by USCIS on February 4, 2008. AILA national has asked USCIS for information on processing of adjustment of status cases at local offices that can be reviewed under the same memo, and many chapters have already contacted local USCIS offices for further information on local processing.

    According to AILA, the USCIS hopes to have identified and taken action on cases by March 31, 2008.

    Job Notices for Physicians

    A few employers have contacted us with job positions available to IMG physicians.

    U.S. PHYSICIAN RESOURCES INTL represents numerous employers with positions available for J-1 or H-1B physicians - contact Sante Chary, 1-800-468- 1360, www.usdrjobs.com, an employer paid recruiter.

    Tips on Recording a Timely Departure from the U.S.

    When filing almost any type of immigration application, one will need to show that they have not overstayed a period of authorized admission in the United States. Often, when someone departs the U.S. by air or sea, their information should be entered into the Department of Homeland Security's database after their I-94 card is collected. However, this does not always happen, or the information may be entered incorrectly. This is especially true when one departs the United States by land when I-94s are often not collected at all.

    Despite these shortcomings in policy, there are things one may do to be sure that they document the fact that they have, indeed, departed the United States in a timely manner. For example, if you did not turn over your I-94 when you departed the U.S., you can mail the card and information to: ACS-CBP SBU 1084 South Laurel Road London, KY 40744 The card should NOT, however, be mailed to a local consulate or embassy. Also be sure that you keep a copy of what you are mailing and mail it in a way that it can be tracked.

    If you need to find out if your I-94 and departure were recorded correctly, you can contact the following department to make a FOIA request: US Customs and Border Protection 1300 Pennsylvania Ave., NW Attn: Mint Annex Bldg FOIA Division Washington, DC 20229

    However, if you did not surrender an I-94 card when you departed the United States, there are other documents that you can use to show that you have departed the United States such as a used airline ticket or boarding pass, a passport stamp showing the date of arrival in one's home country, pay stubs for employment outside the United States, Credit card slips showing purchases made outside the U.S. post- departure, and others.

    Delays beyond the traveler's control, such as cancelled flights, medical emergencies, and others are not authorized overstays, however, if you bring proof that your late departure was out of your control, bring that evidence when you next travel to the U.S. to be forgiven. For cancelled tickets, ask the airline to issue you a letter confirming the delay or cancellation.

    By Michelle Richart

    USCIS Announces 120-day Window to Renew EAD

    USCIS has updated information on its website to inform customers that an I-765 Application for Employment Authorization to extend an EAD (employment authorization document) may not be filed earlier than 120 days before the original EAD expires. Any I-765 application for an extension EAD received on or after January 29, 2008, that was filed more than 120 days from the date of expiration, will be denied as filed too early. An application for replacement of an EAD that was lost, stolen, or mutilated, or that contains incorrect information may be filed at any time.

    Free Teleseminars are Back!
    telephone seminar

    Save the date for our free Immigration Prescription Question and Answer Briefings for Physicians. From the convenience of your home or office, you'll learn the latest information about immigration including H- 1Bs, J-1 waivers, priority dates, green cards, and more.

    Seminar dates are April 17, June 19, August 21, October 16, and December 18. To register for the April 17 seminar, email [email protected] To listen to previous teleseminars, click the link below

    Black History Month - Pioneer in Medicine

    Dr. Charles Richard Drew (June 3, 1904 - April 1, 1950) was an African American physician and medical researcher. He researched in the field of blood transfusions, developing improved techniques for blood storage, and applied his expert knowledge in developing large-scale blood banks early in World War II. He protested against the practice of segregation in the donation of blood from donors of different races since it lacked scientific foundation. In 1943, Drew's distinction in his profession was recognized when he became the first African American surgeon to serve as an examiner on the American Board of Surgery. (Posted on Wikipedia.org)

    Join the Badmus Team for a Cure for Arthritis

    Badmus Immigration Law Firm has formed a team to participate in the Arthritis Walk, the Arthritis Foundation's annual nationwide event that supports public awareness and raises funds to fight arthritis, the nation's leading cause of disability. It is a tremendous opportunity to help improve the lives of the 46 million men, women and children with arthritis. On May 3, 2008, we walk in support of Dawn Mace, our client services manager, who has suffered from Rheumatoid Arthritis for over 22 years. To help us raise funds to support the critical Arthritis Foundation research and discoveries, public health initiatives and public policy efforts to improve the lives of people with arthritis, click the link below

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