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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 . . .
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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.
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| WAIVING IN THE EASTERN BLOC: DHS Signs VISA Waiver Program Agreements with Estonia, Slovakia, Hungary and Lithuania and Latvia. |
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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.
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Click Here to Read More from the U.S. Department of State . . . |
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| MORE TPS PROTECTION: TPS Extended for Somalia. |
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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.
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Click Here to Read More from the CIS . . . |
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| ANOTHER STATE FOLLOWS SUIT?: Governor to Sign Mississippi Immigration Bill. |
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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.
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Click Here to Read the Bill . . . |
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| 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. |
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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.
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Click Here to Read the Proposed Revisions from DHS . . . |
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| FOREIGN ADOPTION PROTECTIONS: Classification of Aliens as Children of United States Citizens Based on Intercountry Adoptions Under the Hague Convention. |
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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.
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Click Here to Read More from the DHS . . . |
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| TRAVELING IN THE WESTERN HEMISPHERE?: DHS and DOS announce Final WHTI Rule. |
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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.
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Click Here to Read More from the DHS . . . |
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| BIOMETRICS AND RE-ENTRY: CIS Biometric Changes for Re-Entry Permits and Refugee Travel Documents. |
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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.
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Click Here to Read More from the CIS . . . |
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| WHAT'S IN A NAME OR SYMBOL: DOS Final Rule on Changes to Classification Symbols. |
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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.
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Click Here to Read the Federal Register . . . |
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| PLAYING HARDBALL FOR A GREEN CARD: I-485 Mandamus Victories in Seattle. |
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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.
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Click Here to Read the Case . . . |
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| Matter of BAIRES-Larios, Interim Decision #3603, 24 I&N Dec. 467 (BIA 2008). |
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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."
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Click Here to Read the Case . . . |
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| OVERTIME OR OVERLOAD? Naturalization Interviews to be Conducted on Saturdays, Sundays and After Normal Business Hours on Weekdays. |
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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.
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Click Here to Read the Announcement from the CIS . . . |
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| GRAB SOME POPCORN: New Flicks About Immigration In Theaters. |
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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).
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Click Here to Find Out More . . . |
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