In November 2010, USCIS transferred approximately 36,000 Immediate Relative petitions from the California Service Center to the Texas Service Center. USCIS had hoped this redistribution of work would result in more timely adjudication of these petitions.  However, due to a number of unforeseen circumstances many of these cases have not been processed and are beyond USCIS’ estimated processing times.

On February 7, 2011, USCIS implemented a rapid response plan to expedite the adjudication of these petitions.  A large number of these Immediate Relative petitions were sent back to the California Service Center to take advantage of resources currently available to immediately process these cases. Petitioners will see an action such as an approval, denial or a Request for Evidence (RFE) on their case from the California or Texas Service Centers by the end of February.

USCIS encourages people with pending cases at the service centers to monitor the progress of their cases by accessing “My Case Status” online.

If there is no action on the case, such as an approval, denial or an RFE, by March 1, 2011 contact USCIS at: I-130Inquiries.Tsc@dhs.gov

A U.K. Border Agency officer has been dismissed from duty after alleged misconduct proved true.  The officer used his access to national security databases to put his wife on the “do not fly list” after the women left for a trip to Pakistan. Upon her return the woman was not permitted to board the plane nor was she allowed to return to the U.K. for three years.

The story broke after the officer applied for a promotion with more security clearance and his wife’s name was found on the “suspect” list. The officer confessed to the tampering and has since been fired.

U.S. Citizenship and Immigration Services (USCIS) announced on January 27, 2011 that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011.  USCIS notified the public that January 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.

Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked.  USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2011 that arrive after Jan. 26, 2011.

It is anticipated USCIS will begin accepting new H-1B petitions for FY 2012 beginning April 1, 2011.

Opening statements began on Monday, January 24, 2011 in the case of Faleh Hassan Almaleki, who is being accused of running over his daughter in an alleged “honor killing.” Plea negotiations that had been under way for weeks failed just before jury selection began last week.

Click here to read our previous post: Suspected Honor Killer to go to Trial Later this  Month

In our December 20, 2010 post “What happens to undocumented children when their parents are detained?” we mentioned the case of Encarnacion Bail Romero, a Guatemalan native, whose removal had been stayed until the courts resolve the question of her son’s custody.  Ms. Bail Romero lost custody of her infant son and was sentenced to two years in federal prison after pleading guilty to aggravated identity theft.  Ms. Bail Romero has been seeking to regain custody of her son since she was released from prison last year.

The Missouri Supreme Court ruled on January 25,  2011 the State did not follow its own laws when it terminated Ms. Bail Romero’s parental rights.  The Court ordered the State to follow proper procedures and hold a new trial regarding Bail Romero’s parental rights.

Click here to read our previous post: What happens to undocumented children when their parents are detained?

U.S. Citizenship and Immigration Services has announced the Department of Homeland Security has named 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for year 2011.

The H-2A allows U.S. employers to bring foreign nationals to the U.S. to fill temporary agricultural jobs; the H-2B program allows U.S. employers to bring foreign nationals to the U.S. for temporary nonagricultural jobs.

USCIS approves petitions only for nationals of countries designated by the Secretary of Homeland Security as eligible to participate in the H-2A and H-2B programs. However, there are limited exceptions.  A national from a country that is not on the list may be the beneficiary of an approved H-2A and H-2B petition if the Secretary of Homeland Security determines, in its sole and unreviewable discretion, that it is in the U.S. interest for the alien to be a beneficiary of the petition.

Effective Jan. 18, 2011, nationals from the following countries are eligible to participate in the H-2A and H-2B programs:  Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, and Vanuatu.

Of these countries, the following were designated for the first time this year:  Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.

The new list of eligible countries is valid for one year until January 18, 2012.

The Department of Homeland Security and the Department of State have determined that Indonesia currently does not warrant a renewed designation as a participating country in the H-2A and H-2B programs for 2011.

Note:  This new list does not affect the status of individuals who currently hold valid H-2A or H-2B visas or status.

U.S. immigration law is a complex and constantly changing area of law.  Seeking immigration benefits from the U.S. Customs and Immigration Service can be lengthy, confusing, and emotionally difficult.  Attorneys not only assist you with your case preparation but they provide peace of mind.  Attorneys are experienced in handling immigration matters and trained to spot issues.  Hiring an attorney can help clients avoid immigration pitfalls and unnecessary delays.

When:     January 16th 2011 from 1 p.m. – 5 p.m.
Where:   At the Walt Disney Amphitheater at Lake Eola, Downtown Orlando.
101 N. Rosalind Ave., Orlando, FL, 32801

The free event is presented in partnership with the City of Orlando and the Orlando Rescue & Restore Coalition.

There will be:

• Free finger printing & picture I.D. for children facilitated by Child Rescue Network
• Children’s games and activities facilitated by Releasing Chains
• Anti-Human Trafficking booths, Memory Exhibit and testimony of Human     Trafficking survivors from Central Florida.
• Live entertainment, food vendors, Fair Trade vendors.

For more information, contact OrlandoRRC@gmail.com

USCIS Announces the Release of the Updated M-274 “The Handbook for Employers.” The Handbook for Employers helps employers better understand the Form I-9 process. It was published in cooperation with our Department of Homeland Security partners.

Under U.S. law, employers must verify the identity and employment authorization for every worker they hire after November 6, 1986, regardless of the employee’s immigration status. To comply with the law, employers must complete Form I-9, Employment Eligibility Verification.  The Handbook for Employers is a guide for employers in the Form I-9 process. It has been revised and updated with new information about applicable regulations, including new regulations about electronic storage and retention of Forms I-9; it clarifies how to process an employee with a complicated immigration status; and, it addresses public comments and frequently asked questions. The Handbook was last revised on 7/31/2009.

Some updates include:

• New visual aids for completing Form I-9
• Examples of new relevant USCIS documents
• Expanded guidance on lawful permanent residents, refugees and asylees, individuals in Temporary Protected Status (TPS), and exchange visitors and foreign students
• Expanded guidance on the processing of employees in or porting to H1-B status and H2-A status
• Expanded guidance on extensions of stay for employees with temporary employment authorization

Click here to be directed to the latest version of The Handbook For Employers

With the opening day of the 112th Congress, Republicans filed a bill which denys automatic citizenship to children born in the U.S. to undocumented immigrants.

This latest bill has been filed as a group of state lawmakers are trying to advance state legislation regarding birthright citizenship.  Currently under the 14 Amendment any child born in the U.S. automatically acquires U.S. citizenship.  If passed this bill would alter immigration laws to prevent children born to undocumented parents from obtaining U.S. birthright citizenship.  Supporters argue eliminating automatic citizenship for children of undocumented immigrants removes an incentive for people to come to the U.S. without permission.

The bill’s chief sponsors include Iowa Rep. Steve King, who could soon be chairman of a House subcommittee that oversees immigration and citizenship.  Pennsylvania Rep. Daryl Metcalfe said the proposals are a “calculated, strategic step” to force the issue into the courts.  “We want to have our day in court,” said Arizona Rep. John Kavanagh. “All we’re asking for is for these bills to prompt the Supreme Court to re-evaluate what we believe is an erroneous interpretation of the 14th Amendment.”