Immigration Update

September,  2013                                                            Vol. 5 Issue 8

In the September Update
Electronic Immigrant Visa Application
Pre-Population of Form I-9 Discouraged
New Customer Verification
October Visa Bulletin is Out!
Form I-601A Unlawful Presence Waiver
New and Noteworthy
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New Electronic Immigrant Visa 
Application in Effect 

 On September 3, 2013, the DOS announced the worldwide implementation of an electronic immigrant visa application, the DS-260 which replaces the paper DS-230 and DS-3032.  At this time, only Diversity Visa and Cuban Family Reunification Parole applicants will continue to use the paper forms when applying for an immigrant visa. To read more click here.

Pre-Population of Form I-9 Discouraged
In a response to a query regarding employers pre- population of section 1 of Form I-9, the Office of Special Counsel (OSC) advised that OSC discourages the pre-population of the I-9 because it increases the likelihood of inaccuracies, E-Verify mistmatches and overlooking an employee's limited English proficiency (LEP). To read more of the OSC's response, click here.
New Customer Verification at CIS' offices

On September 9, 2013, USCIS started implementing a new Customer Identity Verification (CIV) in its field offices.  Customers will now have to submit updated fingerprints and photographs when appearing for interviews or to receive evidence of an immigration benefit and should plan accordingly.  The CIV process does not apply to customers appearing for InfoPass appointments.  For additional information, click here .

October Visa Bulletin Released

 The 2013 October Visa Bulletin has been released.  This is the first Visa Bulletin for the FY2014. Most notably, EB2 and EB3 India remained unchanged, EB2 China advanced by 5 weeks, EB3 Philippines advanced by 2 weeks, and F2A retrogressed. To read the entire bulletin click here.
Unlawful Presence Waiver Guidance

CIS has issued additional guidance relating to the processing of Form I-601A, provisional unlawful presence waiver which permits certain individuals who are immediate relatives of U.S. citizens to apply for a provisional waiver of their unlawful presence prior to leaving the U.S. to process the waiver at a consulate abroad. The process requires that the individual be physically present in the U.S. when filing Form I-601A. Click here to read more.

  Supporting a clean and healthy St. Johns  Thanks to the support of Marks Gray attorneys and many others, the JumpingFish organization had a very successful 10K swim on the St. Johns River swiming from JU to RAM. The event drew hundreds of spectators, rose awareness for a healthy river and raised funds for Special Olympics swim teams from Duval and Clay counties. 
I had the honor to be published in The Florida Bar Journal ~
My article "Breaking it All Down: Employers Sanctions Under Immigration Law and OCAHO Litigationappears in the September/October 2013.  In the article, I tried to simplify and outline the employment verification litigation process and employer's defenses.

SHRM-Jax August/September Newsletter, HR Matters contains
my article  detailing the economic impact of foreign nationals to Florida and an update of the immigration proposals in the House of Representatives. Click to here read, "The Path to Live and Work in America is Being Repaved with New Immigration Reform"


 GC Signature
Giselle Carson
Attorney at Law
Marks Gray, P.A.
1200 Riverplace Blvd., Suite 800
Jacksonville, FL 32207
(904) 398-0900
If you need assistance with any immigration-related issues, please contact Giselle Carson or Thyra Reveron at (904) 398-0900.

Marks Gray, P.A. is dedicated to customer service. We monitor proposed and current developments in the law. The contents of this newsletter are not intended as legal advice related to individual situations. If you have any questions about your particular situation, please contact a lawyer.