USCIS CHANGES VACCINATION REQUIREMENTS TO ADJUST STATUS TO LEGAL PERMANENT RESIDENT

According to a USCIS Press Release:  “U.S.   Citizenship and Immigration Services (USCIS) announced today a revised list of vaccines required for applicants seeking to adjust status to become legal permanent residents. This revision follows guidance from the Department of Health and Human Services, Centers for Disease Control and Prevention (CDC).”

We also link to USCIS Questions and Answers  regarding these changes.

FROM “ILLEGAL ALIEN” TO TOP BRAIN SURGEON

According to an article on msnbc.com:  “The lab at Johns Hopkins Medical Center in Baltimore we’re all gathered in belongs to Dr. Alfredo Quinones-Hinojosa — “Dr. Q.” He is one of the best brain surgeons in the world, but two decades ago, his hands were picking vegetables for $22 a day. Quinones was a migrant worker, living under an old camper top in the middle of a California field.”

Dr. Q clearly legalized his immigration status based on a program that allowed him to do so.  This is why we now need comprehensive immigration reform that offers a pathway to legalization for certain undocumented aliens who meet the requirements.  All undocumented aliens are not the same.  A well-written piece of legislation would distinguish between undocumented aliens who are here to work hard and make a better life for themselves and their families, and gang members who have committed serious crimes. 

USCIS CLARIFIES FEE EXEMPTION ELIGIBILITY FOR I-601

According to a USCIS Press Release:  “U.S. Citizenship and Immigration Services (USCIS) reminds its customers that the fee for an Application for Waiver of Grounds of Inadmissibility (Form I-601) is always required.   USCIS has received numerous applications filed without the appropriate fee due to an incorrect interpretation of the regulations.”

IMMIGRANT WORKERS SUE EMPLOYMENT AGENCY

As a timely follow-up to my blog entry yesterday regarding the possible wage issues that could arise in the RI raid case, according to an article I found on chicagotribune.com:  “Ten immigrant workers filed a lawsuit Thursday claiming they are owed thousands of hours of back wages from a temporary employment agency that hired them to work at several airlines at O’Hare International Airport and other companies.”

I believe that as these ICE raids continue, workers who have not been paid for work performed, including some of those detained, will be filing lawsuits against the companies that employed them.  In certain instances, under the doctrine of “joint employers” some of the entities that hired the subcontractors to perform the work could be held liable as well. 

RHODE ISLAND COURTHOUSE IMMIGRATION RAID

According to an article on eyewitnessnewstv.com:  “About 20 cleaning workers from Central and South America remained in custody Wednesday after a sweep of six Rhode Island courthouses that targeted illegal immigrants, including some who investigators said used fake names and Social Security numbers to get hired.”

It is no secret that undocumented workers are usually victims of wage violations such as nonpayment payment of wages, overtime or minimum wage.  I do not know if this was the case here.  However, if the state of  Rhode Island hired these cleaning companies and knew or should have known that the workers were not paid the wages they were owed, the state could theoretically be held liable as a joint employer to these workers for unpaid wages.  Undocumented immigration status does not preclude workers from pursuing claims for earned, unpaid wages. 

TIP FOR NONIMMIGRANTS TRAVELING DOMESTICALLY BY AIR

If you are a nonimmigrant traveling within the US, when going through security you will need to present government-issued identification to the TSA.  This ID does not need to be a passport or any immigration document.  A valid state driver’s license is sufficient.  If you present a passport, and the TSA agent questions the validity of your immigration status, this could lead to a delay and possible reporting to the Customs and Border Patrol.  Even if you are in valid nonimmigrant status, this delay could cause you to miss your flight. 

When possible, avoid presenting a foreign passport as your preferred form of ID.

USCIS EXTENDS VALIDITY PERIOD OF EMPLOYMENT AUTHORIZATION DOCUMENTS FOR REFUGEES

According to a USCIS Press Release:  “In an effort to provide better customer service to refugees, U.S. Citizenship and Immigration Services (USCIS) recently announced that it would extend the validity of initial work authorization documents for refugees to two years after arrival in the United States.  Previous policy required renewal of the Employment Authorization Document (EAD) after one year.”

BOTH OBAMA AND MCCAIN SUPPORT COMPREHENSIVE IMMIGRATION REFORM

Although it seems that interest in the issue has died down considerably except of course for those who are ditrectly affected, both Senators Obama and McCain spoke at the National Council of La Raza conference and both expressed their support for CIR.

According to an article on washingtonpost.com:  “Speaking at the National Council of La Raza conference today, Sen. John McCain (R-Ariz.) engaged in a lively give-and-take with several Latino activists who questioned his stance on illegal immigration.”

The constitution of Congress will be the deciding factor as to whether CIR occurs.  It is clear that either man, if he were President, would sign a CIR bill that provided a pathway to citzenship for the millions of undocumented aliens residing in the US.