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E&M
Visa Update for March 21, 2003
Volume
Three, Number Four
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Visa Spotlight: Wartime and Its Effects on US Immigration
US
Embassies and Consulates Close Due to Wartime Security Threats
Canadian Border Delays Expected as New Immigration
Rules Take Effect
Uruguay
Removed from Visa Waiver Program; Belgium's Participation Limited
Plan
to Shorten Duration of Visitor Status Withdrawn
Dave
Still Appointed Director of SF BCIS Office
Adjustment
of Status to Be Denied When Immigrant Visa Petition Denied
Premium
Processing Program Slows Adjudication of Non-PP Visa Petitions
Members
of Congressional Subcommittees on Immigration Named
April
Visa Bulletin: Employment Numbers Current; Some Family Categories
Advance
Texas and Vermont Service Centers Update Processing
Time Reports
Visa
Spotlight: Wartime and Its Effects on US Immigration
In general, the procedures that have been implemented in the post
9/11 environment have been designed to protect the US from attack.
These procedures are being constantly refined. Other than a greater
level of scrutiny by law enforcement at every level, particularly
of individuals from Muslim countries, no radical changes are expected.
Immigration processing at BCIS
(Bureau of Citizenship and Immigration Services) regional service
centers and district offices is expected to proceed as if under
normal circumstances.
Inspection
of inbound foreign nationals is critically important in protecting
the nation from terrorists, illegal entries and foreign smugglers.
At airports, the inspection consists of a series of primary inspection
lanes and a centralized secondary inspection area. Of the 70 million
inspections last year at the nation's air ports of entry, BICE
(Bureau of Immigration and Customs Enforcement; one of three
successor agencies to the INS) inspectors denied admission to 208,000
travelers. BICE will continue to struggle with this role. A recent
government study found that because of inadequate resources, faulty
computer data and insufficient training, BICE inspectors did not
properly screen arriving foreign nationals.
During
wartime, E&M clients facing inspection at an airport should
expect tougher primary inspection and possible referral to secondary
inspection. Patience and polite behavior will usually result in
the successful admission of legitimate foreign nationals.
E&M
recommends the following precautions when traveling or transacting
immigration-related business abroad:
·
Avoid US-flag airline carriers, since they are potential terrorist
targets.
· Avoid US embassies and consulates, since they are potential
terrorist targets.
· Do not attempt to transact business with closed US embassies
and consulates. (Please see related article in this update for a
list of closed embassies and consulates as of March 21, 2003.) To
stay up-to-date as to the status of a particular embassy or consulate,
please visit http://usembassy.state.gov.
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US
Embassies and Consulates Close Due to Wartime Security Threats
Due to the US military action, the State
Department has advised that many US embassies and consulates
are closed to the public because of security concerns. As of March
21, 2003, US embassies and consulates in the following cities are
closed. Please be aware that the list is likely to expand:
o Almaty,
Kazakhstan
o Amman, Jordan
o All posts in Australia
o Bucharest, Romania
o Buenos Aires, Argentina
o Cairo, Egypt
o Caracas, Venezuela,
o Damascus, Syria
o Istanbul, Turkey
o Kabul, Afghanistan
o Lagos, Nigeria
o Paris, France
o Nairobi, Kenya
o Oslo, Norway
o All posts in Pakistan
o Riyadh, Saudi Arabia
o Savanna, Yemen
o Skopje, Macedonia
o All posts in South Africa
o Surabaya, Indonesia
o Tel Aviv and Jerusalem, Israel
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Canadian
Border Delays Expected as New Immigration Rules Take Effect
New US immigration rules are expected to cause confusion at Canadian
border crossings as nationals from 54 countries will now require
visas to enter the US. Certain landed immigrants in Canada will
be required to possess both a valid passport and a non-immigrant
visa to enter the US. The change affects all citizens of British
Commonwealth countries except citizens of Australia, New Zealand,
Singapore, Brunei, and the United Kingdom. Previously, these landed
immigrants did not require a non-immigrant visa. The requirement
does not affect Canadian citizens. The rules are part of an effort
to increase border security and target countries that the US considers
as having a high rate of document fraud and abuse.
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Uruguay
Removed from Visa Waiver Program; Belgium's Participation Limited
A BCIS interim rule terminates Uruguay's participation in the Visa
Waiver Program (VWP) effective April 15, 2003. In addition, all
Belgian nationals seeking admission under the VWP after May 15,
2003 must present a machine-readable passport.
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Plan
to Shorten Duration of Visitor Status Withdrawn
The Bush administration has withdrawn a plan that would have shortened
the duration of stay for visitors (B-1, B-2) from six months to
30 days. Under the proposed regulations, foreigners would have had
to prove the need for an extended visit to stay longer than 30 days.
The rules also would have lowered the maximum stay on a tourist
or business visa from one year to six months. The housing and tourism
industries fought the proposal, part of an immigration crackdown
launched in 2001 after the 9/11 terrorist attacks. Supporters of
the failed changes said tourist visas remain one of the easiest
instruments for immigration abuse and an ongoing threat to national
security.
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Dave
Still Appointed Director of SF BCIS Office
On March 12, San Francisco resident David Still was named as the
interim director of the Bureau of Citizenship and Immigration Services'
(BCIS) San Francisco district office that oversees Northern and
Central California. Still is a career INS official who was the No.
2 person at the INS San Francisco district office. On March 1, the
INS was restructured into three new bureaus. The two other bureaus
are charged to handle border protection and immigration law enforcement.
Still, like all appointees to the three new bureaus, only holds
his new job on an interim basis. Given the broad respect that Still
commands, both inside and outside the BCIS, he is expected to be
confirmed on a permanent basis.
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Adjustment
of Status to Be Denied When Immigrant Visa Petition Denied
In a major departure from past policy, on February 28, the BCIS
issued a memorandum detailing procedures for deciding concurrently
filed I-485 adjustment of status applications in cases where the
underlying visa petition is denied. In such cases, the memo instructs
BCIS adjudicating officers to deny the adjustment application and
any related employment authorization or advance parole applications.
Previously, the adjustment of status application remained pending
while the visa petition was being appealed. The new memo advises
that the INS "may" reopen the I-485 if the underlying
visa petition is approved on appeal.
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Premium
Processing Program Slows Adjudication of Non-PP Visa Petitions
The Premium Processing program has adversely affected the time required
to adjudicate routine applications and petitions. Consequently,
more applicants are paying the $1,000 Premium Processing fee to
assure adjudication within 15 calendar days. The mandate to adjudicate
premium applications within 15 days has contributed to a backlog
of routine petitions at the service centers. The backlog has steadily
increased since the second quarter of fiscal year (FY) 2002, reaching
3.2 million in September 2002. Thus, a program whose purpose was
ultimately to reduce or eliminate adjudication backlogs is having
the unintended consequence of increasing processing backlogs.
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Members
of Congressional Subcommittees on Immigration Named
In the House, the following are members of the Subcommittee on Immigration
Border Security and Claims. Republicans: John Hostettler (IN, Chair),
Jeff Flake (AZ), Marsha Blackburn (TN), Lamar Smith (TX), Elton
Gallegly (CA), Chris Cannon (UT), Peter King (NY), Melissa Hart
(PA). Democrats: Sheila Jackson Lee (TX, Ranking Member), Linda
Sanchez (CA), Zoe Lofgren (CA), Howard Berman (CA), John Conyers
(MI).
In
the Senate, the following members are on the Immigration Subcommittee.
Republicans: Saxby Chambliss (GA, Chairman), Jon Kyl (AZ), Larry
Craig (ID), Mike DeWine (OH), John Cornyn (TX). Democrats: Edward
Kennedy (MA), Ranking Member), Dianne Feinstein (CA), Richard Durbin
(IL), Charles Schumer (NY).
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April Visa Bulletin: Employment Numbers Current;
Some Family Categories Advance
For each fiscal year since the passage of Immigration Act of 1990,
approximately 366,000 visa numbers have been available. In addition
to the overall worldwide numerical limit, there are also per-country
limits, which average around 26,000 per country annually. All of
the employment-based categories remained current. For the April
Visa Bulletin, all of the worldwide family categories with the exception
of the 3rd category (married sons and daughters of U.S. citizens)
advanced between five and seven weeks.
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Texas
and Vermont Service Centers Update Processing Time Reports
The Texas
Service Center Processing Time Report was updated on March 20
for the period ending March 15.
The
Vermont
Service Center Processing Time Report was updated on March 18
for the period ending March 15.
To
view and print out the most recent INS service center processing
time reports, please visit http://www.emvisa.com/bcisreports.htm
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Thank you for taking the time to read this E&M Visa Update.
Elliot & Mayock LLP
Immigration and Nationality Law
1-866-321-VISA(8472) toll free
emvisa.com
"visas made easier"
1629 K Street NW, 12th Floor
Washington, DC 20006-1643
(202) 429-1725
Fax: (202) 452-0161
infodc@emvisa.com
220 Sansome Street, 12th Floor
San Francisco, CA 94104-2327
(415) 765-5111
Fax: (415) 765-5122
infosf@emvisa.com
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