$Account.OrganizationName
Nachman & Associates, P.C. Newsletter
Volume 52 March 31, 2008

IN THIS ISSUE:

NEWS FROM THE NORTH: Canadian Immigration News.

WAIVING IN THE EASTERN BLOC: DHS Signs VISA Waiver Program Agreements with Estonia, Slovakia, Hungary and Lithuania and Latvia.

MORE TPS PROTECTION: TPS Extended for Somalia.

ANOTHER STATE FOLLOWS SUIT?: Governor to Sign Mississippi Immigration Bill.

NEW ANTI-DISCRIMINATION GUIDANCE: DHS and DOJ Release Anti-discrimination Guidance for Employers in the Wake of the New No-Match Rule Safe-Harbor Rule.

FOREIGN ADOPTION PROTECTIONS: Classification of Aliens as Children of United States Citizens Based on Intercountry Adoptions Under the Hague Convention.

TRAVELING IN THE WESTERN HEMISPHERE?: DHS and DOS announce Final WHTI Rule.

BIOMETRICS AND RE-ENTRY: CIS Biometric Changes for Re-Entry Permits and Refugee Travel Documents.

WHAT'S IN A NAME OR SYMBOL: DOS Final Rule on Changes to Classification Symbols.

PLAYING HARDBALL FOR A GREEN CARD: I-485 Mandamus Victories in Seattle.

Matter of BAIRES-Larios, Interim Decision #3603, 24 I&N Dec. 467 (BIA 2008).

OVERTIME OR OVERLOAD? Naturalization Interviews to be Conducted on Saturdays, Sundays and After Normal Business Hours on Weekdays.

GRAB SOME POPCORN: New Flicks About Immigration In Theaters.


 

NEWS FROM THE NORTH: Canadian Immigration News.

Visa-Free Travel to Canada for New European Union Member States.

Citizenship and Immigration Canada has been working with new EU countries in an effort to establish visa-exempt status for all EU member states. Poland, Hungary, Slovakia, and Lithuania, are the most recent countries for which citizens traveling to Canada are no longer required to obtain Temporary Resident (Visitor) Visas.

Twelve countries joined the EU in 2004 and 2007. Initially, Canada required visitor visas for citizens of seven of the new Member States who planned to visit Canada for up to three months. Citizenship and Immigration Canada ("CIC") has been reviewing visitor visa requirements for those new Member States on a country-by-country basis. With the latest announcement of visa-free status for Poland, Hungary, Slovakia, and Lithuania, there are only two EU countries for whom citizens are still required to obtain a visitor visa; Bulgaria and Romania.

Visa requirements were lifted for citizens of Estonia in 2006 and the Czech Republic and Latvia in 2007. The latter move was in response to the European Commission's recent threats of retaliatory measures if Canada did not remove visa requirements on eight EU nations by the end of 2007. On March 1, 2008, Poland, Hungary, Slovakia, and Lithuania were the latest European Union Member States to be granted visa-free status for travel to Canada.

In 2006, Canada issued over 33,000 visitor visas to citizens of Poland, over 6,000 to citizens of Hungary, nearly 4,000 to citizens of Slovakia, and almost 1,000 to citizens of Lithuania. 7,300 went to Czech citizens and 1,100 to Latvian citizens. The processing and issuance of these visas is now no longer required. The flow of visitors from these countries will be monitored in order to assess the visa-free decision. In 1997, a year after Canada and the Czech Republic had mutually abolished visas, Canada re-imposed visa restrictions on the Czech Republic because of a flood of asylum seekers.

In all, about 50 countries are exempt from Canadian Temporary Resident Visa requirements.

Click Here for More Information . . .


Dear Readers:

It seems so ironic that we submit thousands of H-1B nonimmigrant visas to be delivered to the Citizenship and Immigration Service ("CIS") on April Fools Day. About twenty years ago, the Immigration and Nationality Act of 1990 ("IMMACT '90") promulgated guidelines that sought to attract the "best and the brightest" to the U.S. The idea was to afford our nation the opportunity to be on the cutting-edge in the competitive global economy. Now what are we relegated to? The H-1B nonimmigrant visa classification has now become a "Lottery" system. No more do we hear queries from clients about minimum requirements for classification as a "professional and specialty occupation worker". Rather, discussion surrounds the issue of "luck" and "probability". We sincerely wonder if that was what was contemplated when the H-1B nonimmigrant visa classification was implemented in the U.S. immigration law. It appears clearly to be the case that providing a path for the employment of the "best and the brightest" will favorably add to our ailing economy. Highly educated individuals will develop jobs for U.S. workers and not take them away. Before April Fools Day, one contemplative member of our staff asked: "Is it our Bureaucracy that is the fool?" Stay tuned for the long awaited H-1B Lottery results. We wish the best of "luck" to all H-1B petitioners and beneficiaries.


  • WAIVING IN THE EASTERN BLOC: DHS Signs VISA Waiver Program Agreements with Estonia, Slovakia, Hungary and Lithuania and Latvia.
  • U.S. Department of Homeland Security ("DHS") Secretary Michael Chertoff recently signed Visa Waiver Program (VWP) Memoranda of Understanding (MOU) with Ministers from Estonia, Slovakia, Hungary and Lithuania and Latvia. The agreements outline security enhancements that put these countries on the path toward visa-free travel to the U.S., and possible designation as VWP members later this year.

    Click Here to Read More from the U.S. Department of State . . .
  • MORE TPS PROTECTION: TPS Extended for Somalia.
  • The extension of the TPS designation for Somalia is effective on March 18, 2008 and will remain in effect through September 17, 2009. The 60-day re-registration period begins March 12, 2008 and will remain in effect until May 12, 2008. To facilitate processing of applications, applicants are strongly encouraged to file as soon as possible after the start of the 60-day re- registration period beginning on March 12, 2008.

    Click Here to Read More from the CIS . . .
  • ANOTHER STATE FOLLOWS SUIT?: Governor to Sign Mississippi Immigration Bill.
  • A spokesman for Governor Haley Barbour said he will probably support the first immigration-reform legislation sent to him by state lawmakers, a bill that would force companies to take extra measures in making sure illegal immigrants aren't hired. Senate Bill 2988, approved overwhelmingly by House members Wednesday, is headed to Barbour for his consideration. If approved, it would require employers to use an online database to determine whether potential workers are authorized to work. Companies would have to use E-Verify, a federal pilot program that is voluntary. It accesses Social Security and federal immigration records, but critics say it sometimes provides inaccurate information.

    Click Here to Read the Bill . . .
  • NEW ANTI-DISCRIMINATION GUIDANCE: DHS and DOJ Release Anti-discrimination Guidance for Employers in the Wake of the New No-Match Rule Safe-Harbor Rule.
  • DHS recently released Supplemental Proposed Rulemaking for the No-Match Rule previously issued on August 15, 2007. DOJ subsequently released anti-discrimination guidance for employers following safe-harbor procedures set forth in the no- match rule.

    Click Here to Read the Proposed Revisions from DHS . . .
  • FOREIGN ADOPTION PROTECTIONS: Classification of Aliens as Children of United States Citizens Based on Intercountry Adoptions Under the Hague Convention.
  • On October 4, 2007, DHS published an interim rule in the Federal Register at 72 FR 56832, establishing rules necessary for the ratification and implementation of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, signed at The Hague on May 29, 1993 (''Convention''). The comment period ended December 3, 2007. Of the 54 comments received by DHS, most requested an extension of the comment period to allow sufficient time to provide meaningful and substantive comments. DHS is re-opening and extending the comment period for 60 days until May 27, 2008.

    Click Here to Read More from the DHS . . .
  • TRAVELING IN THE WESTERN HEMISPHERE?: DHS and DOS announce Final WHTI Rule.
  • The DHS and the DOS announced today the final rule for the land and sea portion of the Western Hemisphere Travel Initiative ("WHTI"), a core 9/11 Commission recommendation. The WHTI final rule requires travelers to present a passport or other approved secure document denoting citizenship and identity for all land and sea travel into the United States. WHTI establishes document requirements for travelers entering the United States who were previously exempt, including citizens of the U.S., Canada and Bermuda. These document requirements will be effective on June 1, 2009.

    Click Here to Read More from the DHS . . .
  • BIOMETRICS AND RE-ENTRY: CIS Biometric Changes for Re-Entry Permits and Refugee Travel Documents.
  • CIS has issued revised instructions for CIS Form I- 131, Application for Travel Document. The instructions include changes, which will become effective March 5, 2008, that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a CIS Application Support Centers ("ASC") for background and security checks and requirements for secure travel and entry documents containing biometric identifiers.

    Click Here to Read More from the CIS . . .
  • WHAT'S IN A NAME OR SYMBOL: DOS Final Rule on Changes to Classification Symbols.
  • The DOS is amending its regulations to add new classification symbols to the immigrant and nonimmigrant classification tables. The amendment is necessary to implement legislation that has created additional immigrant and nonimmigrant classifications as described herein. Additionally, the DOS is removing immigrant classifications that have become obsolete as a result of either their deletion from the Immigration and Nationality Act (''INA") or the expiration of legislative provisions that had temporarily authorized them.

    Click Here to Read the Federal Register . . .
  • PLAYING HARDBALL FOR A GREEN CARD: I-485 Mandamus Victories in Seattle.
  • Ultimately, defendants may not hide behind the guise of governmental deference or national security each time its policies or procedures are questioned without a specific and compelling justification otherwise. Huang v. Mukasey, W.D. Wa., Mar. 4, 2008.

    If the Government is concerned about public safety and national security, it should find a way to process name checks more rapidly, thereby revealing threats to security more quickly. The Government protects no one by delaying a decision on an application while a name check languishes with the FBI. Ali v. Mukasey, W.D. Wa., Mar. 7, 2008.

    Click Here to Read the Case . . .
  • Matter of BAIRES-Larios, Interim Decision #3603, 24 I&N Dec. 467 (BIA 2008).
  • Interim Decision #3603, Matter of Heidy Hazel BAIRES- Larios (March 10, 2008): "A child who has satisfied the statutory conditions of former section 321(a) of the Immigration and Nationality Act, 8 U.S.C. § 1432(a) (1988), before the age of 18 years has acquired United States citizenship, regardless of whether the naturalized parent acquired legal custody of the child before or after the naturalization."

    Click Here to Read the Case . . .
  • OVERTIME OR OVERLOAD? Naturalization Interviews to be Conducted on Saturdays, Sundays and After Normal Business Hours on Weekdays.
  • In Fiscal Year 2007, CIS received a significant increase in naturalization applications (Form N-400). To address the increase, CIS is expanding work hours and adding staff to complete these filings within its processing time goals.

    If you receive a notice from CIS that your naturalization interview has been scheduled on a Saturday, Sunday, or after traditional business hours, the notice is correct and you should appear at the scheduled time.

    Click Here to Read the Announcement from the CIS . . .
  • GRAB SOME POPCORN: New Flicks About Immigration In Theaters.
  • UNDER THE SAME MOON (LA MISMA LUNA) tells the parallel stories of nine-year-old Carlitos and his mother, Rosario. In the hopes of providing a better life for her son, Rosario works illegally in the U.S. while her mother cares for Carlitos back in Mexico. Unexpected circumstances drive both Rosario and Carlitos to embark on their own journeys in a desperate attempt to reunite. Along the way, mother and son face challenges and obstacles but never lose hope that they will one day be together again. Riggen's film is not only a heartwarming family story; she also offers subtle commentary on the much-debated issue of illegal immigration.

    The Visitor, a new film from the director of The Station Agent and the producer of An Inconvenient Truth and Syriana, highlights the impact of detention on two young immigrants and the American professor they befriend.

    An Honest Look at Illegal Immigration in the new Colombian film Paraiso Travel that should be watched by any American who has ever hired illegal immigrants and, for that matter, any American who has ever made overtures about their deportation, says Time Magazine, (March 11, 2008).

    Click Here to Find Out More . . .
    :: 201-670-0006 (x100)

    Email Marketing by