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MARCH 06, 2008 issue
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USCIS Introduces Biometric Requirement for Re-entry Permits and Refugee Travel Documents
March 6, 2008: Earlier this week, USCIS issued revised instructions for Form I-131, the Application for Travel Document. These instructions, which include a range of changes, became effective March 5, 2008. Changes made to the form include requiring individuals applying for re-entry permits and refugee travel documents to provide biometric information at a USCIS Application Support Center. USCIS will notify applicants of their appointment at a designated Application Security Center after the applicant has submitted the Form I-131.
These new instructions apply to individuals filing Form I-131s for re-entry permits or refugee travel documents who are between the ages of 14 and 79. USCIS suggests that these applicants file Form I-131s well in advance of their expected travel date.
In addition to the new biometric requirements, applicable individuals who are in the U.S. will also be required to pay the $80 biometric services fee (or submit a fee waiver request).
Finally, applicants wishing to request expedited processing should submit pre-paid express mailers with their Form I-131s so that USCIS can mail back the receipt and appointment notice, along with the RE-entry Permit or Refugee Travel Document, if approved. Additional information on expedited processing procedures is delineated in detail on the revised instructions. -
London’s U.S. Embassy Provides Guidance on Treaty Trader/Investor Visas
March 5, 2008: According to the U.S. Embassy in London, there has been a dramatic increase in the amount of applications to enter the U.S. via the E-2 visa over the past decade. The embassy posits that one reason for this increase has been the increased strength of the pound against the dollar; in addition, the growth of value in U.K. real estate has also fueled this increase in E-2 Visa applications.
Because of this increase in applications, the embassy believes it is essential to provide clarification on the purpose of the E-1 and E-2 Visas. These visas, according to the embassy, “were not intended to serve as a means for foreigners to retire or merely reside in the United States.” Instead, the embassy states, the visas are available to individuals solely to develop and direct business enterprises in the U.S. in which they have invested capital. Further, these visas can only be extended or renewed if the investment/trade continues to meet all requirements of those visa categories.
The full article is available online at: http://london.usembassy.gov/cons_new/visa/niv/e.html USCIS Strengthens the Intercountry Adoption Process
March 4, 2008: According to USCIS, children, birthparents and prospective adoptive parents will now have greater protections as of April 1, 2008. New safeguards to be implemented by USCIS under a new agreement adopted at the Hague (the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption) will, USCIS states, “provide a framework of rules and procedures for … countries to work jointly to ensure certain intercountry adoption protections.”
New safeguards to be administered by USCIS under the Hague agreement include a set of new forms and an improved centralized examination process for applicants. New forms being introduced are Form I-800A, the Application for Determination of Suitability to Adopt a Child from a Convention Country, and Form I-800, the Petition to Classify a Convention Adoptee as an Immediate Relative. Form I-800A will review the suitability and eligibility of prospective adoptive parents; Form I-800 will determine if a child is eligible for Convention classification.
In addition to the new forms, USCIS is also establishing a special unit that will process all Convention intercountry adoption applications and petitions at the organization’s National Benefits Center. This unit will also be available to provide customer service support for prospective adoptive parents.Changes to CDC Vaccination Requirements for Immigrants
February 28, 2008: A recent update by the Centers for Disease Control and Prevention (CDC) regarding medical examinations for immigrants coming to the U.S. included two new changes. CDC has, first, made changes to the vaccination requirements for applicants examined by a panel physician abroad. The required vaccines include the following:
- Age-appropriate vaccination requirements: rotavirus vaccine, hepatitis A vaccine, meningococcal vaccine, human papillomavirus vaccine (women only), and zoster vaccine.
- Through 18 years of age: Hepatitis B vaccine.
- Ages 6 to 59 months: Influenza vaccine.
- Ages 10-64: Acellular pertussis-containing vaccines.
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Department of Justice to Increase Civil Fines for Immigration Law Violations
February 27, 2008: The U.S. Department of Justice (DOJ) announced in late February that it will use higher civil fines against employers who violate federal immigration laws. In the announcement, made in a joint briefing by Attorney General Michael B. Mukasey and Homeland Security Secretary Michael Chertoff, Mukasey announced that civil fines will increase by up to $5,000 in some cases. The fine increase will be effective March 27, 2008.
Under this new rule, civil penalties for violating the Immigration and Nationality Act will be adjusted for inflation. DOJ noted that the last time these penalties were adjusted was in 1999. The minimum penalty for knowingly employing an unauthorized alien will increase from $275 to $375, according to DOJ. Higher penalties will, however, increase by a larger amount. The maximum penalty for a first violation, for example, will increase from $2,200 to $3,200, and the maximum civil penalty for multiple violations will increase from $11,000 to $16,000.
