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new contact details

admin — Wed, 07 Dec 2011 03:39:54 +0000

To reach attorney Manvel Vasilyev, please visit www.mmvlaw.com
or call (704) 313-8008

To reach attorney Serge Semirog,
please visit www.semiroglaw.com
or call (704) 759-6110

Congressional Research Service Estimates “Unauthorized Aliens” Residing in the United States

svalegal — Tue, 04 Oct 2011 14:44:38 +0000

Estimates derived from the March Supplement of the U.S. Census Bureau’s Current Population Survey (CPS) indicate that the unauthorized resident alien population (commonly referred to as illegal aliens) rose from 3.2 million in 1986 to 11.2 million in 2010. Jeffrey Passel, a demographer with the Pew Hispanic Research Center, has been involved in making these estimations since he worked at the U.S. Bureau of the Census in the 1980s. The estimated number of unauthorized aliens had dropped to 1.9 million in 1988 following passage of a 1986 law that legalized several million unauthorized aliens. The estimates of unauthorized aliens peaked at an estimated 12.4 million in 2007. About 39% of unauthorized alien residents in 2010 were estimated to have entered the United States in 2000 or later. Similarly, the Department of Homeland Security’s Office of Immigration Statistics (OIS) reported an estimated 10.8 million unauthorized alien residents as of January 2010, up from 8.5 million in January 2000. The OIS estimated that 6.6 million of the unauthorized alien residents were from Mexico, an estimate comparable to Passel and D’Vera Cohn’s calculation of 6.5 million. The OIS based its estimates on data from the U.S. Census Bureau’s American Community Survey. The OIS estimated that the unauthorized resident alien population in the United States increased by 37% over the period 2000 to 2008, then leveled off in 2009 and 2010. Research suggests that various factors have contributed to the ebb and flow of unauthorized resident aliens, and that the increase is often attributed to the “push-pull” of prosperity-fueled job opportunities in the United States in contrast to limited or nonexistent job opportunities in the sending countries. Accordingly, the economic recession that began in December 2007 may have curbed the migration of unauthorized aliens, particularly because sectors that traditionally rely on unauthorized aliens, such as construction, services, and hospitality, have been especially hard hit. Some researchers also suggest that the increased size of the unauthorized resident population during the late 1990s and early 2000s is an inadvertent consequence of border enforcement and immigration control policies. They posit that strengthened border security has curbed the fluid movement of seasonal workers. This interpretation, generally referred to as a caging effect, argues that these policies have raised the stakes in crossing the border illegally and created an incentive for those who succeed in entering the United States to stay.

The current system of legal immigration is cited as another factor contributing to unauthorized alien residents. The statutory ceilings that limit the type and number of immigrant visas issued each year create long waits for visas. According to this interpretation, many foreign nationals who would prefer to come to the United States legally resort to illegal avenues in frustration over the delays. It is difficult, however, to demonstrate a causal link or to guarantee that increased levels of legal migration would absorb the current flow of unauthorized migrants. Furthermore, some researchers speculate that the doubling in deportations since 2001 might also have had a chilling effect on family members weighing unauthorized residence in recent years. Some observers point to more elusive factors when assessing the ebb and flow of unauthorized resident aliens—such as shifts in immigration enforcement priorities away from illegal entry to removing suspected terrorists and criminal aliens, or discussions of possible “amnesty” legislation. This report does not track legislation and will be updated as needed.

Full Report is available at: www.fas.org/sgp/crs/misc/RL33874.pdf

DOS to Open DV-2013 (Green Card Lottery) Registration on October 4, 2011

svalegal — Thu, 29 Sep 2011 11:20:30 +0000

The 2013 Diversity Visa Program (DV-2013) will open at noon, Eastern Daylight Time (EDT) (GMT-4), Tuesday, October 4, 2011, and will close at noon, EDT, Saturday, November 5, 2011. Applicants must submit entries electronically during this registration period using the electronic DV entry form (E-DV) at www.dvlottery.state.gov. Paper entries will not be accepted. We strongly encourage applicants not to wait until the last week of the registration period to enter. Heavy demand may result in website delays. No entries will be accepted after noon, EDT, on November 5, 2011.

THE PROGRAM

The Department of State administers the congressionally mandated Diversity Immigrant Visa Program, which is conducted on an annual basis under the terms of Section 203(c) of the Immigration and Nationality Act (INA). The INA provides a maximum of 55,000 Diversity Visas each fiscal year to be made available to persons from countries with low rates of immigration to the United States. Since DV-1999, Congress has set aside 5,000 of this annual allocation to be made available for use under the Nicaraguan and Central American Relief Act (NACARA).

CONDITIONS

The annual program makes visas available to persons meeting the simple, but strict, eligibility requirements. A computer-generated,random drawing chooses selectees for Diversity Visas. The visas are distributed among six geographic regions, with a greater number of visas going to regions with lower rates of immigration, and with no visas going to nationals of countries sending more than 50,000 immigrants to the United States over the period of the past five years. No single country may receive more than seven percent of the available Diversity Visas in any one year.

For DV-2013, natives of the following countries are not eligible to apply because the countries sent more than 50,000 immigrants to the United States in the previous five years:

BANGLADESH, BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR, GUATEMALA, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PERU, PHILIPPINES, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM.

IMPORTANT:

A native ordinarily means someone born within a particular country, regardless of the individual’s current country of residence or nationality. Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible. Beginning with DV-2005, the Department of State implemented an electronic registration system in order to make the Diversity Visa process more efficient and secure.

For DV-2013, the Department of State will once again implement an online process to notify entrants of their selection, and to provide information about the immigrant visa application and interview. Beginning May 1, 2012, DV-2013 entrants will be able to use their unique confirmation number provided at registration to check online through Entry Status Check at http://www.dvlottery.state.gov to see if their entry was selected. Successful entrants will receive instructions for how to apply for immigrant visas for themselves and their eligible family members. Confirmation of visa interview appointments
will also be made through Entry Status Check.

For detailed information about entry requirements, along with frequently asked questions about the DV program, please see the instructions for the DV-2013 Diversity Visa program available at http://travel.state.gov/visa/immigrants/types/types_1318.html.

USCIS Announces Move to Electronic Web-Based System for Submission and Tracking of Applications

svalegal — Sat, 24 Sep 2011 14:42:03 +0000

U.S. Citizenship and Immigration Services (USCIS) announced an agency-wide effort (Transformation) to move immigration services from a paper-based system to a modern, electronic environment. Transformation is expected to deliver a simplified, web-based system for benefit seekers to submit and track their applications. The new, account-based system should provide more accurate and secure customer service. It should also allow USCIS to process cases with greater consistency and security. Customers will be able to use their online accounts to submit multiple applications, access communications from USCIS, respond to requests and view case status.

USCIS Transformation is expected to be deployed in multiple phases to cover all benefit types in the immigration lifecycle. Select nonimmigrant benefit types will be deployed beginning in Winter 2011, immigrant benefits are expected to be transferred to online system beginning in 2012.

BIA Says Immigration Judges Should Consider Any Relevant Evidence in I-751 Removal Matters

svalegal — Fri, 23 Sep 2011 16:55:24 +0000

In a September 13, 2011 decision, Board of Immigration Appeals (“BIA”) decided that when an alien in removal proceedings seeks “review” of the Department of Homeland Security’s (“DHS”) denial of a waiver under section 216(c)(4) of the Immigration and Nationality Act, 8 U.S.C. § 1186a(c)(4) (2006), of the requirement to file a joint petition to remove the conditional basis of lawful permanent resident status, he or she may introduce, and the Immigration Judge should consider, any relevant evidence without regard to whether it was previously submitted or considered in proceedings before the
DHS. (Matter of Francisco HERRERA DEL ORDEN, Respondent 25 I&N Dec. 589 (BIA 2011))

July 2009 Visa Bulletin Released

svalegal — Wed, 10 Jun 2009 15:03:38 +0000

The U.S. State Department has released its July 2009 Visa Bulletin. The Bulletin is a forecast which predicts availability of green cards during the month of July. The most significant change from last month is the retrogression of the EB-2 category (Professionals Holding Advanced Degrees & Persons of Exceptional Ability) for China, which changed from Feb. 15, 2005 to Jan. 1, 2000.

Here is the summary of the cut-off dates:

EB-1: Current for All Countries;

EB-2: China & India Jan. 1, 2000; all other countries are current;

EB-3: Unavailable across the board.

The significance of the cut-off dates published in the State Department Bulletin is in that a foreign national is eligible to apply for adjustment of status or immigrant visa (if processing overseas) if his or her priority date is earlier than the cut-off date in the category he or she is applying. To view the July 2009 Bulletin, please click here.

More Biometric Information May Be Required of Foreign Nationals Visiting U.S.

svalegal — Fri, 02 May 2008 16:06:04 +0000

The U.S. Department of Homeland Security (DHS) has proposed to establish an exit program at all air and sea ports of departure in the United States. This proposed rule would require foreign nationals who submit biometric information upon entering the U.S. to also provide biometric information to commercial air and vessel carriers before departing from the United States at air and sea ports of entry.

Under the proposed rule, the biometric information will be collected by the air and sea carriers transmitted to DHS no later than 24 hours after air carrier staff secure the aircraft doors on an international departure, or for sea travel, no later than 24 hours after the vessel’s departure from a U.S. port. DHS does not propose to apply these requirements to persons departing the United States on certain private carriers or small carriers.

The DHS is seeking comments on the proposed rule. Full text can be accessed at http://edocket.access.gpo.gov/2008/pdf/E8-8956.pdf.

Revised Medical Examination Form Required as of May 1, 2008

svalegal — Tue, 29 Apr 2008 15:53:13 +0000

U.S. Citizenship and Immigration Services (USCIS) announced on April 29, 2008 that it
has revised Form I-693, Report of Medical Examination and Vaccination Record. The revision
was necessitated by changes to the Tuberculosis (TB) Component of the Centers for Disease
Control and Prevention’s Technical Instructions for Civil Surgeons.

The revised form (edition date 04/02/08) must be used for any medical examination completed
on or after May 1, 2008. Previous editions of the Form I-693 may not be used on or after that
date.

The medical examination Form I-693 provides USCIS results of a medical examination for
applicants filing for adjustment of status to become permanent residents. The examination is
required to ensure that an applicant is not inadmissible to the United States on public health
grounds.

Additionally, the current vaccination supplement will not be accepted for any vaccination
assessment completed on or after May 1, 2008. An updated vaccination supplement has been
included in part 2 of the revised form.

OPT Extended to 29 Months for “STEM” Students

svalegal — Wed, 09 Apr 2008 15:58:54 +0000

The United States Citizenship and Immigration Service (USCIS) issued an interim final rule which extends the maximum period of Optional Practical Training (OPT) from 12 to 29 months for students enrolled on a full-time basis for at least one full academic year in a college or a university certified by U.S. Immigration and Custom Enforcement’s (ICE’s) Student and Exchange Visitor Program (SEVP) and who have completed a science, technology, engineering or mathematics (STEM) degree and accept employment with employers enrolled in U.S. Citizenship and Immigration Services’ (USCIS’) E-Verify employment verification program.

The interim rule requires F-1 students with an approved OPT extension to report changes in the student’s name or address and changes in the employer’s name or address as well as periodically verify the accuracy of this reporting information. The rule also requires the employers of F-1 students with an extension of post-completion OPT authorization to report to the student’s designated school official (DSO) within 48 hours after the OPT student has been terminated from, or otherwise leaves, his or her employment with that employer prior to end of the authorized period of OPT.

This rule also ameliorates the so-called “cap-gap” problem by extending the authorized period of stay for all F-1 students who have a properly filed H-1B petition and change of status request (filed under the cap for the next fiscal year) pending with USCIS. If USCIS approves the H-1B petition, the students will have an extension that enables them to remain in the United States.