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Archive for July 18, 2007

MANDATORY DEPORTATION MAY BE CRUEL, BUT IT’S NOT UNUSUAL

According to a Reuters article to which I link to the left, a study by New York-based Human Rights Watch takes issue with deportations that are ordered, often for minor violations, without an immigration judge having discretion to weigh the facts:  “the study said mandatory deportations contradicted human rights law which requires a fair hearing in which family ties and other connections to an immigrant’s host country are weighed against a country’s interest in deporting him.”

THE DEVIL’S IN THE DETAILS

The following is not legal advice. Please talk to a qualified immigration lawyer about the specifics of your situation.

AILA is seeking clarification of certain issues related to the government’s resolution of the visa bulletin mess.  Questions such as what filing fee should be included for an I-140 that is filed concurrently with an I-485, where the applicant’s priority date was current in July and filed in August.

Remember, the USCIS filing fees will increase on July 30, 2007, but the agency is accepting the present fees for I-485 applications from those whose priority dates are current in July through August 17, 2007.  The CIS is in the habit of rejecting files with incorrect filing fees (whether too high or too low).  Given the thousands of applications that they are now forced to deal with, it is possible that a rejected application may not be returned until after August 17, 2007, which would leave the potential applicant waiting until the priority date becomes current again.

The lesson?  Include the correct filing fee with your application.

USCIS DIRECT FILING EFFECTIVE AS OF JULY 30, 2007

Effective July 30, 2007, in addition to the USCIS filing fee increase, Direct Filing of the following immigration forms will be required:  I-129F, I-131, I-140, I-360, I-485, I-765 and I-907.

Instructions for direct filing for each form are listed in the Direct Filing charts that can be found on the USCIS website under the specific form’s instructions.

AILA’S STATEMENT ON RESOLUTION OF JULY VISA BULLETIN ISSUES

Below is AILA’s Press Release on the government’s resolution to the July Visa Bulletin debacle:

AILA InfoNet Doc. No. 07071868 (posted Jul. 18, 2007)

“U.S. Government Reverses Green Card Application Decision

FOR IMMEDIATE RELEASE:
CONTACT: George Tzamaras
202-216-2410
gtzamaras@aila.orgWASHINGTON, DC - The American Immigration Lawyers Association (AILA) applauds the government for its reversal today of its July 2 refusal to allow thousands of highly skilled workers to make the last filing on the legal path to a green card. AILA also applauds those whose efforts helped to bring this change about.

AILA members and their clients–both employers and employees–objected to the July 2 decision in a manner that was at once emphatic and measured. From the sending of flowers to the Director of U.S. Citizenship and Immigration Services (USCIS), to the phone calls and letters, to the blogs and message boards that lit up with outrage, the affected communities let their voices be heard. A number of members of the press picked up the story, notwithstanding the complicated legalities, and did a fine job of shining a public light on this matter.

Many members of Congress stepped up to question the actions of the agencies. Foremost among these was Rep. Zoe Lofgren (D-CA), who strongly challenged USCIS to either justify its actions or reverse them. Her sense of outrage matched that of the affected communities, and we all owe a debt of gratitude to Ms. Lofgren.

Last, but far from least, the American Immigration Law Foundation’s Legal Action Center prepared, and this week was poised to file, a class action lawsuit that highlighted the illegalities of the government’s actions. The work of AILF, as well as other attorneys and their clients around the country, who also stood ready to sue, played a pivotal role in ensuring that USCIS remember the place of the rule of law in government.

“It is reassuring to see that the call to adhere to the rule of law still carries the weight that it must in our nation. I am proud of the actions of AILA, AILF, Rep. Lofgren and many of her colleagues, and of course the thousands affected by the government’s lawless actions, for standing up for what is right,” said Kathleen Campbell Walker, President of AILA. “The silence of those who recently exhibited such fervor during the immigration reform debate for compliance with the letter of the law was deafening on this issue. Where is their egalitarian stance as to those who follow the rules to the letter while trying to become permanent residents? It’s time that all were unified in favor of an orderly and rational immigration system.”

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The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members. For more information call George Tzamaras at 202-216-2410 or Brooke Hewson at 202-216-2435″

CURRENT FILING FEES REMAIN IN EFFECT FOR I-485 APPLICATIONS FILED PER THE JULY 2007 VISA BULLETIN

As I reported yesterday, the USCIS and DOS revised their position on Applications to Adjust Status for Employment-Based categories that were current in the July Visa Bulletin that was published on June 12.

The USCIS will accept applications from those who are current (EB1, EB2 and EB3 categories) through August 17, 2007 with the existing filing fees.  USCIS filing fees for other forms will increase effective July 30, 2007.  Please see the links to:  the new fee schedule, the August DOS Visa Bulletin, and the USCIS Announcement.

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