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Department of Homeland Security (DHS) Secretary Janet Napolitano announced March 9, 2010, the designation of Greece as a member of the Visa Waiver Program (VWP)—strengthening passenger information sharing and ensuring strict security standards while streamlining travel for Greek citizens visiting the United States.

“Our efforts to guard against terrorism while enhancing legal travel and trade depend upon close collaboration with our international partners,” said Secretary Napolitano. “I commend our partners in Greece for committing to strong screening and security standards and enhanced information sharing for travel by Greek citizens to the United States as we work together to protect our citizens and strengthen our economies.”

Greece’s VWP designation represents a major step forward in the continued and long-standing economic and security partnership between the United States and Greece—reflecting more than two years of coordination between the two countries on Greece’s entry into VWP.

In accordance with the VWP designation process, DHS determined that Greece complies with key security and information-sharing requirements—such as enhanced law enforcement and security-related data sharing with the United States; timely reporting of lost and stolen passports; and the maintenance of high counterterrorism, law enforcement, border control, aviation and document security standards. In turn, Greek citizens will be permitted to travel to the United States for up to 90 days without obtaining a visa.

With this announcement, Greece joins the 35 nations already participating in VWP—established as a pilot program in 1986 to help eliminate unnecessary barriers to travel and made permanent on October 30, 2000. Like VWP travelers from other countries, Greek citizens will be required to apply for an Electronic System Travel Authorization (ESTA) through the Web-based system. Greek citizens will be able to visit the United States without visas in approximately 30 days.

Today’s announcement augments Secretary Napolitano’s ongoing efforts to bolster the international aviation security system—including recent joint declarations to strengthen the international civil aviation system between the United States and Argentina, Brazil, Canada, Chile, the Dominican Republic, Mexico and Panama on Feb. 17, and between the United States and the European Union on Jan. 21.

Secretary Napolitano will travel to Tokyo later this week to meet with her counterparts from the Asia/Pacific region and officials from the International Civil Aviation Organization (ICAO)—the third in a series of major international meetings attended by the Secretary to build consensus on strengthening global aviation security and identify specific steps which nations can take individually and collectively to protect all passengers.

Since January, Secretary Napolitano has met frequently with top government and private sector officials from across Europe, Asia, Africa, the Middle East and North America on ways to strengthen the international aviation security system.

For more information, visit www.dhs.gov or esta.cbp.dhs.gov.

Visit our website for Information about Immigration Laws or to contact an Immigration Lawyer.

U.S.  Citizenship and Immigration Services (USCIS) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have:

• been granted Temporary Protected Status (TPS);
• a pending application for adjustment of status to lawful permanent resident;
• a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
• a pending asylum application; or
• a pending application for legalization.

To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document.

Advance Parole is permission to reenter the United States after traveling abroad.  Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances.  By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States.  Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.

Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location.  Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay.

Note:
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole.  Aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years.  Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status.

Individuals who have been admitted as refugees or granted asylum, including those who are applying for adjustment of status, do not need to obtain Advance Parole.   Instead, these individuals should apply for a Refugee Travel Document using Form I-131 and comply with applicable application requirements, such as biometric processing, prior to leaving the United States.

Lawful permanent residents who obtained such status as a result of being a refugee or asylee in the United States may also apply for a Refugee Travel Document.

Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States.  Such individuals are encouraged to review USCIS’ Fact Sheet Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.

Before making any plans to travel abroad, all individuals with pending applications for adjustment of status, relief under NACARA 203, or asylum are urged to consult an immigration attorney or immigration assistance organization accredited by the Board of Immigration Appeals.

What is a “Cap”?

The word “Cap” used in this Update refers to annual numerical limitations set by Congress on certain nonimmigrant visa classifications, e.g., H-1B and H-2B. Caps control the number of workers that can be issued a visa in a given fiscal year to enter the United States pursuant to a particular nonimmigrant classification. Caps also control the number of aliens already in the United States that may be authorized to change status to a cap-subject classification.

H-1B

The H-1B visa program is used by some U.S. employers to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field and a bachelor’s degree or its equivalent. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors. The H-1B visa program also includes certain fashion models of distinguished merit and ability and up to 100 persons who will performing services of an exceptional nature in connection with Department of Defense (DOD) research and development projects or coproduction projects. The current annual cap on the H-1B category is 65,000. Not all H-1B nonimmigrants are subject to this annual cap. Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.

H-1B Employer Exemptions

H-1B nonimmigrants who are employed, or who have received an offer of employment, by institutions of higher education or a related or affiliated nonprofit entity, as well as those employed, or who will be employed, by a nonprofit research organization or a governmental research organization are exempt from the cap.

H-1B Advanced Degree Exemption

The H-1B Visa Reform Act of 2004 makes available 20,000 new H-1B visas for foreign workers with a Master’s or higher level degree from a U.S. academic institution. For each fiscal year, 20,000 beneficiaries of H-1B petitions on behalf of persons who hold such credentials are statutorily exempted from the cap.

Duplicate H-1B Petitions Filed Requesting Fiscal Year 2010 Employment

USCIS will deny or revoke all petitions filed by an employer for the same H-1B worker if more than one filing is discovered. If multiple petitions are discovered, whether one or more such petitions are approved, USCIS will data enter all those duplicative petitions, retain all fees, and either deny the petitions or, if a petition was approved, revoke the petition. The petitions will not be returned to the petitioner.

As of May 22, 2009, approximately 45,700 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

H-1B1

An H-1B1 is a national of Chile or Singapore coming to the United States to work temporarily in a specialty occupation. The law defines an H-1B1 specialty occupation as a position that requires theoretical and practical application of a body of specialized knowledge. The beneficiary must have a bachelor’s degree or higher (or equivalent) in the specific specialty. The combined statutory limit is 6,800 per year. The cap for H-1B1 for FY2010 has not been reached as of the date of this Update.

H-2B

The H-2B visa category allows U.S. employers in industries with peak load, seasonal or intermittent needs to augment their existing labor force with temporary workers. The H-2B visa category also allows U.S. employers to augment their existing labor force when necessary due to a one-time occurrence which necessitates a temporary increase in workers. Typically, H-2B workers fill labor needs in occupational areas such as construction, health care, landscaping, lumber, manufacturing, food service/processing, and resort/hospitality services.

The Save Our Small and Seasonal Businesses Act of 2005 (SOS Act) divided the annual numerical limitations of 66,000 into two halves. As of FY 2010, an H-2B petition may not be filed more than 120 days before the date of the actual need for the H-2B worker’s labor/services identified on the labor certification. As a result, USCIS normally begins receiving H-2B petitions with employment start dates in October and June.

What is the H-2B numerical limit set by Congress?

The H-2B numerical limit set by Congress per fiscal year is 66,000. Generally, an H-2B worker who extends his/her stay in H-2B status will not be counted again against the numerical limit. An alien who changes nonimmigrant status to H-2B is counted against the annual H-2B cap.

H-3

The H-3 nonimmigrant visa category is for aliens who are coming temporarily to the U.S. to receive training (other than graduate medical education or training) that is not available in their home countries. The training may be provided by a business entity, academic, or vocational institute. The H-3 nonimmigrant visa category also includes aliens who are coming temporarily to the U.S. to participate in a special education training program for children with physical, mental, or emotional disabilities. There is a limit of 50 visas per fiscal year allocated to H-3 aliens participating in special education training programs. As of March 30, 2009, three of these H-3 visas had been approved with a start date in FY 2009.

For more information about U.S. work visa requirements, please contact the Law Offices of Garces & Grabler.

These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2009 under the FY 2010 H-1B cap.

What is the H-1B cap?

The cap is the congressionally-mandated limit on the number of individuals who may be granted initial H-1B status or visas during each fiscal year. For FY 2010, the cap is 65,000.

Not all H-1B beneficiaries are subject to the cap. Congress has provided that the first 20,000 H-1B petitions filed on behalf of aliens who have earned a U.S. masters’ degree or higher are exempt from the fiscal year cap.  H-1B petitions filed on behalf of beneficiaries who will work at institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations are exempt from the fiscal year cap. Generally, H-1B beneficiaries seeking to extend status and/or add employers are not subject to the cap.

What do Current F-1/H-1B Extension Regulations Allow?

Current regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status during the period of time where an F-1 student’s status and work authorization would otherwise expire, and up to the start of their approved H-1B employment period. This is referred to as filling the “cap gap”, meaning the regulations provide a way of filling the “gap” between F-1 and H-1B status that might otherwise occur if F-1 status was not extended for qualifying students. An interim final rule published in the Federal Register last year authorized a cap gap extension for eligible students.  See  73 FR 18944 (April 8, 2008) “Extending Period of Optional Practical Training by 17 Months for F-1 Nonimmigrant Students With STEM Degrees and Expanding Cap-Gap Relief for All F-1 Students With Pending H-1B Petitions.”

How does “Cap-Gap” Occur?

An employer may not file, and USCIS may not accept, an H-1B petition submitted earlier than six months in advance of the date of actual need for the beneficiary’s services or training. As a result, the earliest date that an employer can file an H-1B petition is April 1, for the following fiscal year, starting October 1. If USCIS approves the H-1B petition and the accompanying change-of-status request, the earliest date that the student may start the approved H-1B employment is October 1. Consequently, F-1 students who do not qualify for a cap gap extension, and whose periods of authorized stay expires before October 1, are required to leave the United States, apply for an H-1B visa at a consular post abroad, and then seek readmission to the United States in H-1B status, for the dates reflected on the approved H-1B petition.

Which petitions and beneficiaries qualify for a cap gap extension?

H-1B petitions must be timely filed on behalf of an eligible F-1 student.  “Timely filed” means that the H-1B petition (indicating change of status rather than consular processing) was filed during the H-1B acceptance period, while the student’s authorized duration of status (D/S) admission was still in effect (including any period of time during the academic course of study, any authorized periods of post-completion OPT, and the 60-day departure preparation period, commonly known as the “grace period.”)

Once a timely filing has been made, the automatic cap gap extension will begin and will continue until the H-1B process has been completed.  If the student’s H-1B petition is selected and approved, the student’s extension will continue through September 30th unless the petition is denied or revoked. If the student’s H-1B petition is not selected, the student will have the standard 60-day grace period from the date of the rejection notice to prepare for and depart the United States.   Students are strongly encouraged to stay in close communication with their petitioning employer during the cap gap extension period for status updates on the H-1B petition processing. A Form I-797, Notice of Action, with a valid receipt number, is evidence that the petition was filed and accepted.

How does a student covered under the cap gap extension obtain proof of continuing status?

The student should go to their Designated School Officer (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt.  The student’s DSO will issue a preliminary cap gap I-20 showing an extension until June 1st.  If the student’s petitioning employer receives a notice of selection from USCIS, the student should return to his or her DSO with a copy of the receipt notice, if possible, for issuance of a new cap gap I-20 indicating the continued extension of status.

Students can also check the Student and Exchange Visitor Program information from the Related Links section of this page.

What if the post-completion OPT expired before April 1? It appears that F-1 status would be extended, but would OPT also be extended?

A student who completed his or her post-completion OPT and who subsequently was in a valid grace period on April 1, would benefit from an automatic extension of his or her D/S admission under the cap gap, if the H-1B petition is filed during the H-1B acceptance period, which begins on April 1. The employment authorization, however, would not be extended automatically, because it already expired and the cap gap does not serve to reinstate or retroactively grant employment authorization.

Is a student who becomes eligible for an automatic extension of status and employment authorization, but whose H-1B petition is subsequently rejected, denied or revoked, still allowed the 60-day grace period?

If USCIS denies, rejects, or revokes an H-1B petition filed on behalf of an F-1 student covered by the automatic cap gap extension, the student will have the standard 60-day grace period (from notification of the denial, rejection, or revocation of the petition) before he or she is required to depart the United States..

For denied cases, it should be noted that the 60-day grace period does not apply to an F-1 student whose accompanying change of status request is denied due to discovery of a status violation. Such a student in any event is not eligible for the automatic cap gap extension. Similarly, the 60-day grace period and automatic cap gap extension would not apply to the case of a student whose petition was revoked based on a finding of fraud or misrepresentation discovered following approval. In both of these instances, the student would be required to leave the United States immediately.

May students travel outside the United States during a cap gap extension period and return in F-1 status?

The regulations at 8 CFR 214.2(f)(13) state that a student who has an unexpired EAD issued for post-completion OPT and who is otherwise admissible may return to the United States to resume employment after a temporary absence. By definition, however, the EAD of an F-1 student covered under a cap gap extension is necessarily expired. As a result, if the student elects to travel outside the United States during a cap gap extension, he/she should be prepared to apply for an H-1B visa at a consular post abroad prior to returning.  As the H-1B petition is presumably for an October 1 or later start date, the student should be prepared to adjust his/her travel plans, accordingly.

Do the limits on unemployment time apply to students with a cap gap extension?

Yes. The 90-day limitation on unemployment during the initial post-completion OPT authorization continues during the cap gap extension.

If a student was not in an authorized period of OPT on the eligibility date for the cap gap extension, can the student work during the cap gap extension?

No. In order for a student to have employment authorization during the cap gap extension, the student must be in an approved period of post-completion OPT on the eligibility date.

May a student eligible for a cap-gap extension of status and employment authorization apply for a STEM OPT extension while he or she is in the cap-gap extension period?

Yes. However, such application may not be made once the cap-gap extension period is terminated (e.g., rejection, denial, or revocation of the H-1B petition), and the student enters the 60-day departure preparation period.

What is a STEM OPT extension?

F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees included on the STEM Designated Degree Program List, are employed by employers enrolled in E-Verify, and who have received an initial grant of post-completion OPT related to such a degree, may apply for a 17-month extension.  F-1 students may obtain additional information about STEM extensions on the Student and Exchange Visitor Program website from the USCIS website.

The Western Hemisphere Travel Initiative (WHTI) requires all citizens of the United States, Canada, Mexico, and Bermuda to have a passport or other accepted document that establishes the bearer’s identity and nationality to enter or depart the United States from within the Western Hemisphere.

The travel document requirements make up the departments of State and Homeland Security’s Western Hemisphere Travel Initiative. This change in travel document requirements is the result of recommendations made by the 9/11 Commission, which Congress subsequently passed into law in the Intelligence Reform and Terrorism Prevention Act of 2004.

This travel initiative is being implemented in two phases:

Air travel requirements went into effect January 23, 2007 and now all travelers including children must present a passport or secure travel document when entering the United States by air.
Land/Sea requirements are transitioning toward standard and consistent documents for all travelers entering the country with full implementation on June 1, 2009.

Land and Sea Documents

WHTI 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 are effective June 1, 2009.

Most travelers will require one of the following documents:

U.S. citizens: A passport issued by the U.S. Government, a passport card, a valid trusted traveler program card (FAST, NEXUS, or SENTRI), an enhanced driver’s license (EDL), a Military ID with official travel orders, or a U.S. Merchant Mariner Document.
Canadian citizens: A passport issued by the Government of Canada, a valid trusted traveler program card (FAST, NEXUS, or SENTRI), or an EDL.
U.S. and Canadian children under the age of 16 will be able to present a birth certificate or other proof of citizenship. See the CBP website for more information about children traveling with a school or religious group, social organization, or sports team.
Bermudians: A passport issued by the Government of Bermuda or the United Kingdom.
Mexican citizens: Mexican citizens, including children, are currently required to present a passport with visa or a laser visa border crossing card, and therefore there is little to no expectation of change under these new requirements.

Special Audiences / Issues

Native Americans. The Indian and North Affairs Canada Card and Tribal Enrollment Cards with a photo affixed to the card will be accepted until June 1, 2009. We expect that, in order to be designated as WHTI-compliant, many Native American tribes will have to enhance their tribal enrollment and identification cards. Members of the Kickapoo Band of Texas and Tribe of Oklahoma are permitted to present the Form I-872 American Indian Card in lieu of a passport, as they do currently.
Children. U.S. and Canadian children under the age of 16 will be able to present the original or copy of their birth certificates, or other proof of citizenship such as a naturalization certificate or citizenship card. Groups of U.S. and Canadian children ages 16 through 18, when traveling with a school or religious group, social organization, or sports team will be able to enter under adult supervision with originals or copies of their birth certificates or other proof of citizenship.
Lost Passport. For lost or stolen passports while traveling overseas, report it immediately to the nearest U.S. embassy or consulate. You will need to fill out form DS-64, Statement regarding a Lost or Stolen Passport. For information on obtaining a U.S. Passport, visit www.travel.state.gov or call 1-877-487-2778.
First Responders. WHTI does not prevent U.S. Customs and Border Protection from continuing to allow first responders and patients having a medical emergency to enter the country using existing waiver and parole authorities to provide necessary expedited processing on a case-by-case basis for these individuals.
U.S. Territory Travelers. U.S. territories are considered a part of the United States. U.S. citizens returning directly from a U.S. territory are not considered to have left the country and do not need to present a passport. U.S. territories include the following: Guam, Puerto Rico, the U.S. Virgin Islands, American Samoa, Swains Island and the Commonwealth of the Northern Mariana Islands.
No Documents. You will be delayed as U.S. Customs and Border Protection officers attempt to verify your citizenship and identity.

Traveling by Sea

Cruises

U.S. citizens on closed-loop cruises (cruises that begin and end at the same port in the U.S.) will be able to enter or depart the country with proof of citizenship, such as a birth certificate and government-issued photo ID. A U.S. citizen under the age of 16 will be able to present either an original or a copy of his or her birth certificate, a Consular Report of Birth Abroad issued by Department of State, or a Certificate of Naturalization issued byU.S. Citizenship and Immigration Services.

Please be aware that you may still be required to present a passport when you dock at a foreign port, depending on the islands or countries that your cruise ship is visiting. Check with your cruise line to ensure you have the appropriate documents for the stops you’ll be making on your cruise.

Ferries and Small Boats

All individuals traveling by ferry and small boats are subject to the new requirements. Boaters who have an I-68 form (similar to a vehicle registration) must follow the new travel document requirements. Having either a NEXUS card or a passport will enable I-68 holders to continue to utilize telephonic clearance procedures.

Commercial / Charter Vessels

As long as a commercial or charter vessel does not call at a foreign port, immigration law does not consider this a “departure” from the United States and therefore upon return, is not considered an entry that would require a passport. Therefore, passports or other designated documents would not be required for those, including commercial fishermen traveling on a vessel that sails from a U.S. port and returns without calling at a foreign port.

U.S. Refugee Admissions Program

The U.S. Refugee Admissions Program (USRAP) is an inter-agency effort involving a number of governmental and non-governmental partners, both overseas and domestically, whose mission is to resettle refugees in the United States.   The U.S. Department of State’s (DOS) Bureau of Population, Refugees and Migration (PRM) has overall management responsibility for the USRAP and has the lead in proposing admissions numbers and processing priorities.  Within the U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) has responsibility for interviewing refugee applicants and adjudicating applications for refugee status.  Through its cooperative agreements with Overseas Processing Entities (OPE), PRM handles the intake of refugee referrals from the United Nations High Commissioner for Refugees (UNHCR), U.S. embassies, and certain non-governmental organizations (NGOs) as well as the prescreening of cases and the out-processing of individuals for travel to the United States.

Iraqi Refugee Processing

Part of the humanitarian mission of the USRAP is to provide resettlement opportunities to especially vulnerable Iraqi refugees. Since large-scale Iraqi refugee processing was announced in February 2007, DHS and DOS have worked cooperatively to increase the number of Iraqi refugees admitted to the United States as part of the worldwide commitment.   Throughout fiscal year 2008, DHS and DOS worked closely to enhance processing capacity of Iraqi refugee applicants while ensuring the highest level of security. In support of these efforts, USCIS deployed more than 150 officers to the Middle East to conduct 29 refugee processing circuit rides and interviewed more than 23,000 Iraqi refugee applicants.

As a result of this collaboration, the USRAP admitted more than 13,800 Iraqi refugees in fiscal year 2008.  Not only did this admission level exceed the U.S. government’s goals to resettle 12,000 Iraqis, but it reflects a significant increase over the approximately 1,600 Iraqis admitted the prior fiscal year.

Since the inception of the program in 2007, 58,243 Iraqi nationals have been referred for resettlement to the USRAP. USCIS has interviewed 35,764 Iraqi refugee applicants; approved 27,119 for resettlement and 19,910 Iraqi refugees have arrived in the U.S. as of Feb. 4, 2009.

Process for Resettlement

In identifying Iraqi cases for referral to the USRAP, UNHCR and DOS have been prioritizing 11 categories of especially vulnerable refugees, including individuals who are affiliated with the U.S. Government and religious minorities, among others.

Iraqi refugees may gain access to this program through referrals from UNHCR, a U.S. Embassy, or certain NGOs.  Iraqi applicants who worked for the U.S. government, a U.S. contractor, or a U.S.-based media organization or NGO, and their family members, can apply directly to the USRAP in Jordan, Egypt and Iraq without a UNHCR referral.  In addition, Iraqi applicants will be considered for resettlement if an eligible family member applies on their behalf in the United States.  The vast majority of cases processed so far by the USRAP have been referrals from UNHCR.

USCIS officers are interviewing Iraqi refugee applicants primarily in Jordan, Syria, Egypt, Turkey, Lebanon and Iraq.  Refugee processing in Iraq focuses on certain Iraqis who are associated with the U.S. and their family members.

Determining Eligibility for Refugees

Eligibility for refugee status is decided on a case-by-case basis.   A USCIS officer conducts a personal interview of the applicant designed to elicit information about the applicant’s admissibility and claim for refugee status.  During the interview, the officer confirms the basic biographical data of the applicant; verifies that the applicant was properly given access to the USRAP; determines whether the applicant has suffered past persecution or has a well-founded fear of future persecution on the basis of race, religion, nationality, membership in a particular social group, or political opinion in his or her home country; determines whether the applicant is admissible to the United States and whether he or she has been firmly resettled in another country; and assesses the credibility of the applicant.

Ensuring Security

We are committed to conducting the most rigorous screening in order to ensure that those being admitted through the refugee program are not seeking to harm the United States.   On May 29, 2007, DHS announced and implemented an Administration-coordinated, enhanced background and security check process for Iraqi refugees applying for resettlement in the United States.  No case is finally approved until results from all security checks have been received and analyzed.  The enhanced security checks do not impede the flow of genuine refugees to the United States, since this process runs concurrently with other out-processing steps.  On average, the total processing time for Iraqi cases is significantly less than for any other refugee group worldwide.

Procedures for Iraqi Citizens Currently in the U.S.

Iraqis currently in the United States who are not able to return to Iraq because they have been persecuted or fear that they will be persecuted on account of their race, religion, nationality, membership in a particular social group, or political opinion may apply for asylum with USCIS.  Information on the process of applying for asylum in the U.S. can be found on our website in the Related Links section of this page.

Procedures for Iraqi Citizens Living Outside of Iraq

Refugees and asylum seekers should seek to comply with all legal requirements of the country in which they are located, including registration with host governments if required.   In addition, all Iraqi asylum seekers located in third countries should register with the nearest UNHCR office.

UNHCR has the international mandate to provide protection and assistance to refugees and may be able to provide a protection document and possibly other assistance if needed. For a small number of extremely vulnerable individuals, this could include referral to the USRAP or another country’s resettlement program.   UNHCR will identify individuals for resettlement referral based on an assessment of their vulnerability at the time of registration.

In Jordan and Egypt, direct access to the USRAP is available to direct-hire employees of the U.S. Mission in Iraq and other Iraqis who worked for the U.S. Government or U.S. Government contractors, or for U.S.-based media organizations or NGOs and their family members.  Any Iraqi who has fled to Jordan or Egypt because of his/her association with the U.S. is encouraged to contact the International Organization for Migration (IOM) to receive guidance.  IOM can be reached in Jordan at AmmanInfoCenter@iom.int and Egypt at CairoInfoCenter@iom.int.

Procedures for Iraqi Citizens Currently in Iraq

In Iraq, direct access to the USRAP is available to direct-hire employees of the U.S. Mission in Iraq and other Iraqis who worked for the U.S. Government or U.S. Government contractors, or for U.S.-based media organizations or NGOs, and their family members.  Any Iraqi who believes he/she is at risk or has experienced serious harm as a result of association with the U.S. is encouraged to contact the International Organization for Migration (IOM) to receive guidance.  IOM can be reached in Iraq at BaghdadInfoCenter@iom.int.

For additional information, please visit the DOS/PRM website. A link can be found in the Related Links section of this page.

Special Immigrant Visas for Iraqis

Iraqi nationals who supported the U.S. Armed Forces or Chief of Mission authority as translators or interpreters, or Iraqi nationals who were or are employed by or on behalf of the U.S. Government in Iraq on or after March 20, 2003, for a period of at least one year may be eligible for Special Immigrant Visa (SIV) processing.  The SIV program is separate and distinct from the USRAP.  However, certain Iraqi SIV recipients are eligible for the same resettlement assistance, entitlement programs, and other benefits as refugees admitted under the refugee program.

Source: USCIS.gov

For more information about Immigration Law, please visit GarcesGrabler.com

The T nonimmigrant status (also known as the ‘T’ Visa) was created to provide immigration protection to victims of a severe form of trafficking in persons. The U nonimmigrant status (or ‘U’ visa) is set aside for victims of crimes who have suffered mental or physical abuse because of the crime and who are willing to assist law enforcement and government officials in the investigation of the criminal activity.

The rule also establishes a two-stage application process for qualifying family members who have never held U nonimmigrant status to obtain lawful permanent residence.

Questions & Answers

Q: What are the eligibility requirements for qualifying family members who have never held U nonimmigrant status to be granted permanent resident status?

A: The statute allows USCIS to extend these derivative benefits to spouses, children, and parents based upon their relationship to the principal U (“U-1″) nonimmigrant if:

(1) The qualifying family member was never admitted to the U.S. in U nonimmigrant status, and

(2) It is established that either the family member or the U-1 principal applicant would suffer extreme hardship if the qualifying family member is not allowed to remain in or be admitted to the U.S.

Q: What are the procedures for such qualifying family members to apply for lawful permanent residence?

A: The U-1 status holder must file an immigrant petition on the new Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant. If the I-929 is approved on their behalf, qualifying family members in the U.S. may file Form I-485, Application to Register Permanent Residence or Adjust Status. Qualifying family members outside the U.S. may visit a U.S. embassy or consulate to obtain their immigrant visas.

Q: Can a U-1 nonimmigrant file an I-929 on behalf of a sibling?

A: No. According to the statute, only the spouse, children, and parents (if the petitioner is under 21) of a U-1 nonimmigrant are eligible.

Q: When can a U-1 nonimmigrant file an I-929 on behalf of a qualifying family member?

A: U-1 nonimmigrants may file the I-929 concurrently with, or at any time after they have filed, their Form I-485 based upon their U status.

Q: Can the I-929 beneficiary file his/her I-485 concurrently with the I-929?

A: No. Only the petitioner can file his/her I-485 concurrently with the I-929.

Q: Can the I-929 be approved before the petitioner’s I-485 is approved?

A: No. The petitioner’s I-485 must be approved prior to the approval of the I-929. If the petitioner’s
I-485 is denied, the I-929 will automatically be denied.

Q: Is a biometric fee required for the I-929?

A: No. The only fee required is the filing fee.

Q: Can the filing fee be waived?

A: Applicants who can show they are financially unable to pay specific fees may submit an application for a fee waiver. The decision to grant such waivers lies within the sole discretion of USCIS. Further guidance on fee waivers can be found on this page in “Related Links” on the upper right-hand side of this page under the “Fee Waiver Guidance” link.

Q: If the petition is approved, what status is given to the beneficiary?

A: Approval of the I-929 petition does not confer status upon the beneficiary.

Q: Does approval of the petition grant employment authorization?

A: No. Approval of the petition only makes the beneficiary eligible to apply for adjustment of status.

Q: Is there an annual limit on the number of I-929 beneficiaries who can be approved?

A: No. There is no numerical limitation.

Q: Can a T visa holder file an I-929 on behalf of his or her family members?

A: No, Form I-929 may only be filed by a U-1 status holder on behalf of eligible family members.

Source: USCIS.gov

U.S. Citizenship and Immigration Services (USCIS) reminds its customers that authorization for the non-minister special immigrant religious worker program will expire on March 6, 2009.   Individuals applying under the non-minister category of the program, including family members, must either adjust status to permanent resident or be admitted with an immigrant visa before March 6, 2009.

The expiring category covers special immigrant religious workers in professional or non-professional capacities within a religious vocation or occupation, but does not include those workers entering the United States solely to carry on the vocation of a minister of a religious denomination.  The expiration date also applies to spouses and children of these non-minister workers who are accompanying the non-minister worker, or who will ‘follow to join’.

USCIS continues to receive and process Petitions for Amerasian, Widow(er), or Special Immigrant (Form I-360) for those immigrant religious workers affected by the upcoming expiration date.   USCIS is also, to the extent that it can, expeditiously processing Applications to Register Permanent Residence or Adjust Status (Form I-485), based on approved Form I-360 petitions for non-minister special immigrant religious workers.  The applicant requesting ‘following to join’ on Application for Action on an Approved Application or Petition (I-824) whose basis for the adjustment was an approved I-360 petition for a non-minister category (SR) or who is requesting an approved I-360 SR petition to the Department of State’s National Visa Center (NVC), may request expedited processing of Form I-824.

Absent a Congressional extension of the expiration date, USCIS will, beginning on March 6, 2009, suspend further processing of any pending Form I-360, Form I-485, and Form I-824 affected by the expiration date until further notice.   Also, unless or until Congress extends the expiration date, USCIS will reject Form I-360 petitions, Form I-485 and Form I-824 applications filed on or after March 6, 2009 that are based on the expired provisions.

Customers are encouraged to check our Web site at www.uscis.gov frequently for updates or call the National Customer Service Center at (800) 375-5283.

Source: USCIS.gov

This is a public service announcement from the Law Offices of Garces & Grabler

Ask immigration policy question regarding US

U.S. Citizens

Air Travel

All U.S. citizens including children must present a passport or secure travel document when entering the United States by air.

Land/Sea Travel

Beginning January 31, 2008, the United States will end the practice of accepting oral declarations of citizenship at the border.

• U.S. citizens ages 19 and older must present documentation that proves both identity and citizenship. Identification documents must include a photo, name and date of birth. View the complete list of acceptable documents at CBP.gov for land travel and sea travel.
• Children ages 18 and under will only be required to present proof of citizenship, such as a birth certificate.
• U.S. citizens can also apply for a U.S. Passport Card, which facilitates entry and expedites document processing at U.S. land and sea ports-of-entry when arriving from Canada, Mexico, the Caribbean and Bermuda. The card may not be used to travel by air. Otherwise, it carries the rights and privileges of the U.S. passport book and is adjudicated to the exact same standards.
• More information for specific populations and situations

Lawful Permanent Residents

Air Travel

All travelers including children must present a passport or secure travel document when entering the United States by air.

Land/Sea Travel

Lawful permanent residents may continue to present their Form I-551, Permanent Resident Card. More information available at CBP.gov.

International Citizens

Air Travel

All international visitors regardless of country of origin must present a passport or secure document when entering the United States by air.

US-VISIT biometric procedures apply to international travelers holding a non-U.S. passport or visa with these limited exceptions. Find out how US-VISIT works.

Land/Sea Travel

• Canadian Citizens. Beginning January 31, 2008, the United States will end the practice of accepting oral declarations of citizenship at the border.
  • Canadian citizens ages 19 and older must present documentation that proves both identity and citizenship. Identification documents must include a photo, name and date of birth. View the complete list of acceptable documents at CBP.gov.
  • Children ages 18 and under will only be required to present proof of citizenship, such as a birth certificate.
  • US-VISIT biometric procedures may apply to some Canadian citizens. Find out if US-VISIT applies to you.

• Bermudian Citizens. Beginning January 31, 2008, the United States will end the practice of accepting oral declarations of citizenship at the border.
  • Bermudian citizens must present a passport issued by the Government of Bermuda or the United Kingdom, or government-issued photo identification along with proof of citizenship.
  • Bermudian citizens are subject to US-VISIT procedures. Find out how US-VISIT works.

• Mexican Citizens. Mexican citizens including children must present a passport with a nonimmigrant visa or a laser visa border crossing card.
• US-VISIT biometric procedures may apply to some Mexican citizens. Find out if US-VISIT applies to you.

• All Others
  • Travel Document Requirements – Visitors Traveling Under the Visa Waiver Program International travelers entering the United States under the Visa Waiver Program need to present an e-Passport if their passport was issued on or after October 26, 2006.
  • US-VISIT. Entry and exit process for visitors requiring a visa, using biometrics such as digital fingerscans and digital photographs, to ensure the person crossing our border is the same person who received the visa.
  • ESTA Internet-based Electronic System for Travel Authorization (ESTA) to screen Visa Waiver Program (VWP) applicants prior to traveling to the United States.
  • e-Passports. The United States requires that travelers entering the United States under the Visa Waiver Program have an e-Passport if their passport was issued on or after October 26, 2006.
  • Travel For Non-U.S. Citizens (CBP) Information for visitors to the United States that are visiting for the purpose of working, studying, business travel or immigration.

Specific Populations and Situations

• Native American Travelers. The Indian and North Affairs Canada Card and Tribal Enrollment Cards with a photo affixed to the card will be accepted during the transition phase. Members of the Kickapoo Band of Texas and Tribe of Oklahoma would be permitted to present the Form I-872 American Indian Card in lieu of a passport, as they do currently.
• Traveling to and from U.S. Territories. U.S. Citizens traveling to and returning directly from a U.S. territory are not considered to have left the U.S. territory and do not need to present a passport.U.S. territories include American Samoa, Guam, Northern Mariana Islands, Puerto Rico, Swains Island and U.S. Virgin Islands.
• First Responders or Medical Emergency Situations. There is no change for standard processing of first responders or medical emergency personnel. The department has had and will continue to have procedures in place to ensure prompt processing for these individuals. Special consideration will continue to be made for urgent medical issues, First Responder situations, and cross-border emergency services.  However, presenting an acceptable document is likely to be the most expedient means of crossing the border for personnel who routinely cross the border.
• Cruise Passengers. U.S. and Canadian citizens arriving on cruises from Canada, Mexico, Bermuda, or the Caribbean will be able to enter or depart the country with proof of identity and citizenship, such as a birth certificate and government-issued photo ID. View complete list of acceptable documents at CBP.gov.Please be aware that you may still be required to present a passport when you dock at a foreign port, depending on the islands or countries that your cruise ship is visiting. Check with your cruiseline to ensure you have the appropriate documents for the stops you’ll be making on your cruise.
• Ferries and Small Boats. Ferries and small boats are processed much like land travel, and all individuals traveling by these modes of travel are subject to the new requirements.
• I-68 Registration Holders. Boaters who have an I-68 form will need to follow the new travel document procedures. Bear in mind that a NEXUS card is an alternative to a passport for entry into the U.S. for Canadian and U.S. citizens, and ensuring that you have either a NEXUS card or a passport will enable you to continue to utilize telephonic clearance procedures currently in place for I-68 holders.An I-68 form is similar to any kind of vehicle registration, and is not an identity document or a travel document.

Trusted Traveler Programs

The Trusted Traveler Programs provide expedited travel for pre-approved, low risk travelers through dedicated lanes.

• NEXUS (CBP). Provides expedited travel via land, air or sea to approved members between the U.S. and Canada border.
• SENTRI (CBP). Provides expedited travel to approved members between the U.S. and Mexico border.
• FAST (CBP). Provides expedited travel to approved commercial truck drivers between the U.S and Canada and U.S. and Mexico borders.
• Global Entry (CBP). Expedited screening and processing for pre-screened International travelers entering the United States.

Presenting Insufficient Documentation

Travelers who do not have the appropriate documents may be delayed while Customs and Border Protection officers attempt to verify their citizenship and identity. They will also be given an informational sheet explaining the new procedures. The intent of this transition is to raise awareness of the change, educate travelers, and allow ample time for travelers to obtain the necessary documents.

Source: www.dhs.gov

According to a January 13 news release by U.S. Immigration and Customs Enforcement, 22 foreign nationals and U.S. citizens have been indicted for massive immigration-related fraud.

The indictment states that “since March 2001, the defendants and co-conspirators carried out a conspiracy involving visa and asylum fraud, marriage fraud, making fraudulent statements under oath, and filing fraudulent documents to obtain foreign labor visas for hundreds of alien employees”

Furthermore, the report states that some visa petitions sought to bring in more alien workers than what client hotels or businesses had contracted.

“Today’s charges reflect the law enforcement community’s steadfast commitment to aggressively target the perpetrators of document and benefit fraud,” said Mark McGraw, Acting Special Agent in Charge for ICE’s Office of Investigations in Washington, D.C. “Schemes such as these pose a significant threat to the United States and its citizens and cannot go unchallenged.”

In addition, the indictment states that “the aliens were encouraged or induced to enter or reside in the United States, and transported and shielded from detection for commercial advantage and private financial gain.”

Source: ICE.gov