July 25, 2007 by Bradley Maged.

The following is not legal advice. Please consult a qualified immigration lawyer to discuss your specific situation.
As I have been writing for a few days now, USCIS filing fees will increase on July 30, 2007. However, the filing fees for EB cases that were current per the July Visa Bulletin will be accepted through August 17, 2007. When filing other applications with the I-485, it is recommended that separate filing fee checks be used for each application.

Why?  Because if there is a mistake with the fee amount enclosed, or with a missing signature etc., the USCIS will return only the application with the incorrect fee.  For example, if you apply for Employment Authorization with your I-485 Adjustment Application and you enclose separate checks for each, if there is a mistake with the Employment Authorization Application, only that form should be returned and your I-485 application should remain safely filed.  On the other hand, if you submit only one check for the incorrect amount, the whole package will be returned, probably after the August 17th deadline, and you may be in for a very long wait before you can file again.

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July 25, 2007 by Bradley Maged.

Forbes.com reports that at a recent conference, Al Sharpton and Walmart CEO, Lee Scott voiced their support for Comprehensive Immigration Reform. Sharpton, who in my opinion was the most entertaining of the 2004 Democratic presidential nomination contenders, made the following astute observation: “I want to say what a lot of people won’t say. The immigration debate is not simply about border security, it is a problem of America dealing with race.”

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July 25, 2007 by Bradley Maged.

According to AILA:

“USCIS has informed AILA Liaison that the I-485 form that has been found on the USCIS website with a revision date of 07/30/07N was posted in error. A new I-485 form will be posted on July 30, 2007, but, previous editions of the I-485 form may be used, including the 04/01/06 edition. USCIS is in the process of correcting their website.”

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July 25, 2007 by Bradley Maged.

The American Immigration Law Foundation (AILF) is considering filing a class-action lawsuit against the Department of Labor on behalf of those who were adversely affected by the PERM Fraud Rule (also known as “Substitution Plus”) that came into effect on July 16, 2007.  The new rule: places restrictions on who can pay legal and other fees related to the labor certification process, prohibits the substitution of aliens, and sets an expiration date on approved labor certs.

So far, AILF reports that there has been insufficient interest from potential plaintiffs to proceed with the suit.  If you are an alien or employer and would like to participate in this potential lawsuit, please contact AILF at www.ailf.org to obtain the potential plaintiff questionnaire.

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July 25, 2007 by Bradley Maged.

Laws and regulations related to US immigration are complex, tricky, fluid and oftentimes unforgiving. As illustrated by the Frequently Asked Questions published by the USCIS this week on filing applications related to the July Visa Bulletin debacle, a minor error such as including the incorrect fee amount, could lead to being unable to refile for a very long time.

The consequences of mistakes, omissions or poor strategy can be severe. For example, obtaining permanent residence (green card) through employment is generally a three-step process: (1) Labor Certification (PERM), (2) I-140 - Immigrant Petition for Alien Worker; and finally (3) I-485 - Application to Adjust Status to Permanent Resident.

If proper strategy is not implemented from the get-go, a foreign national could spend years, lose thousands of dollars, and risk falling out of status. Among other issues that need to be considered in such a case are:: (A) the alien’s documented qualifications for the minimum requirements of the position, (B) the employer’s willingness and ability to pay the prevailing wage, advertising costs and certain legal fees, and (C) the alien’s eligibility to adjust status. Failing to consider any of these factors, among others, could lead to denial of the process at any of these stages.

The funny thing about US immigration laws is that the process seems deceptively simple. The forms are straightforward, so how hard can it be? The reality is: the instructions and fees stated on the forms’ are sometimes incorrect; a call to the USCIS toll-free number will get you very little (sometimes inaccurate) information; new policies, regulations, updates and memos are released by various agencies at break-neck speed; forms are revised; filing fees increase; and filing locations constantly change.

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July 25, 2007 by Bradley Maged.

ABC news posted an interesting article online about the contrast between Hazleton, PA and New Haven, CT and each cities views and policies towards the undocumented.  As I discussed yesterday, until the Federal government acts, cities and towns will continue to enact their own laws related to how the undocumented population should be handled.

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