I-130 Applications Must Be Filed at USCIS

Recent legislation has led to changes in the procedures American citizens resident abroad will follow if they wish to sponsor an immediate relative (spouse, parent or minor child) for an immigrant visa. Effective immediately, the immediate relative petition (I-130) must be filed with the USCIS office responsible for the petitioner's place of residence (that is, the place of residence of the American citizen who is filing the petition). Consular offices at U.S. embassies and consulates are no longer authorized to accept I-130s, although they will continue to provide guidance to American citizen petitioners and their family members. Responsibility for acceptance and approval of immigrant visa petitions rests solely with USCIS. American citizens with a U.S. address should submit their I-130 at the USCIS office responsible for their place of residence. As soon as we have more information about the filing of new I-130 petitions, we will post it.

Fixing Backlog Center Case Type Errors

The Office of Foreign Labor Certification (OFLC) announced a procedure for employers or their authorized representatives to follow if they believe the case type as reflected on the Public Disclosure System (PDS) is incorrect (e.g., if it is listed as TR but they believe it should be RIR, or vice versa).

In such an event, e-mail the general information e-mail box at the appropriate Backlog Elimination Center (BEC). The eMail address for the Philadelphia BPC is info@phi.dflc.us; the Dallas BPC's eMail is info@dal.dflc.us. The subject line of the e-mail must read "Incorrect Case Type - Case # [insert case number]." The body of the e-mail should explain why the employer believes the case type is incorrect. Any supporting documentation may be attached as a pdf. The BECs will review the case and reply as soon as possible based on the volume of requests.

DOS Issues February 2007 Visa Bulletin

The Department of State released its February 2007 Visa Bulletin. According to the bulletin, there was very little (if any) movement in visa dates for the employment-based categories. To view the entire bulletin, please click here.

Passport Requirement for Air Travel Begins

Beginning January 23, 2007, citizens of the United States, Canada, Mexico, and Bermuda are now required to present a passport to enter the United States when arriving by air from any part of the Western Hemisphere.

The air requirement is part of 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.

The only acceptable alternative documents to a passport for air travel will be the Merchant Mariner Document (MMD) and the NEXUS Air card. The MMD, or "z card", is issued by the U.S. Coast Guard to U.S. Merchant Mariners. The NEXUS Air card is issued to citizens of Canada and the United States, lawful permanent residents of the United States and permanent residents of Canada who meet certain eligibility requirements. The NEXUS Air card will only be accepted when used in conjunction with the NEXUS Air program at certain airports. The MMD card will only be accepted when used on official business by U.S. Citizen Merchant Mariners. All active duty members of the United States Armed Forces traveling with military identification will be exempt from the requirement to present a valid passport when entering the United States. Legal Permanent Residents of the U.S. may re-enter on their I-551 Permanent Resident Card.

A separate proposed rule addressing land and sea travel will be published at a later date with specific requirements for travelers entering the United States through land and sea border crossings. As early as Jan.1, 2008, citizens traveling between the United States and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea may be required to present a valid passport or other documents as determined by the Department of Homeland Security to enter the United States.

Changing Your Address Online

People who have an application and/or petition which has been filed with the USCIS but has not yet been decided should notify the USCIS of any change of address as soon as possible after moving. The law requires nearly all non-U.S. citizens to report a change of address within 10 days of moving by completing a Form AR-11. Abiding by this requirement, however, does not update an address on any application or petition pending with the USCIS. In the past, an applicant needed to send a letter to the USCIS notifying them of an address change. Now applicants can notify the USCIS of an address change on a pending application or petition directly on the USCIS web site. To change an address online, applicants need to have the following information available:

• Your receipt notice or other notice the USCIS sends you showing your receipt number;
• Your new address;
• Your old address;
• If you have filed a petition for a family member, please have the names and biographical information for that person;
• When you last entered the U.S. (or the approximate date); and
• Where you last entered the U.S. (and through what port-of-entry you entered).

The online change of address feature can be accessed at www.uscis.gov.

Does 245(i) Grandfathering Preclude Removal from the U.S.?

This is an interesting issue. Many people believe that a petition filed on their behalf prior to April 30, 2001, thus grandfathering them under INA Section 245(i), protects them from removal (deportation) from the United States. In a recent case, Hadayat v. Gonzales (7th Circuit August 2006), the petitioner entered the U.S. on a visitor visa and subsequently overstayed his status. He then became the beneficiary of a fourth-preference family-based visa petition filed by his U.S. citizen brother. Since the petitioner was Indonesian, he was required to register under the NSEERS program and was immediately placed in removal proceedings. The petitioner made the argument that because his fourth preference petition was filed under Section 245(i) of the INA, he cannot be removed from the U.S. The court disagreed. In this particular case, a visa number for the petitioner was not available. The 7th Circuit ruled in Hadayat v. Gonzales that "granfathered" status under INA 245(i) does not preclude removal when a visa number remains unavailable.

Welcome!

Welcome to the law firm of Bashyam & Spiro's Immigration News Blog. For over eleven years our firm has represented thousands of individuals and companies successfully navigate the immigration system and achieve their immigration goals. We also have provided valuable immigration information to our clients and other interested parties though our web site at www.bashyamspiro.com, as well through our free e-newsletter called Bashyam & Spiro's Immigration News Weekly. Our goal with this blog is to continuously provide updates on the most recent immigration laws, and advice and helpful tips on immigration cases and strategies. Our entire office (including all lawyers and paralegals) will have posting access to our blog. That way, we ensure that a full range of comments, tips, and advice will be posted to assist you. Please feel free to also leave comments - we would be happy to hear from you! So welcome to Bashyam & Spiro's Immigration Blog - we hope that you enjoy our formal (and sometimes informal) immigration-related posts.