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Immigration News |
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BCIS Warns of Impostor Websites The BCIS reminds the public that only Websites ending with the ".gov" suffix are official government Websites. The Web address of the official BCIS Website is www.immigration.gov, www.bcis.gov. Many other non-governmental Websites (e.g., using the suffixes ".com," ".org" or ".net") provide legitimate and useful immigration-related information and services. Regardless of the content of other Websites, BCIS does not endorse, recommend or sponsor any information or material posted at any other Website besides this one. Furthermore, a few other Websites may try to mislead customers and members of the public into thinking they are official BCIS Websites. These Websites may attempt to charge you for services (such as for BCIS forms and information on immigration procedures) that are otherwise free on the BCIS or another government Website or for services that you do not receive. They also do not have access to official online immigration job application information or to official immigration job listings on USAJOBS.GOV, so be wary of sending any personal or biographical information that might be used for identity fraud/theft to these websites. If you have doubts or concerns about a Website with immigration-related information or material, please let us know immediately via Feedback. If you wish to report unsolicited commercial e-mail (spam), or Internet fraud, please see the Department of Justice contact page, or go to the Internet Fraud Complaint Center, to file a complaint. A Word About BCIS Forms Online We are happy to offer the most up-to-date versions of all official public use forms for free on our Website. Some of these forms are even fillable online (you must use the freely-available Adobe Acrobat Reader 5 or better for these). Please note that many non-BCIS Websites also offer Immigration forms. Some will allow you to download them for free, and others charge a fee. Regardless, as stated above, none of these Websites is in any way affiliated with nor endorsed by the BCIS. Indeed, some of these sites may not have the latest official versions of our forms. In some circumstances, they provide access only to older editions of our forms. You should note that use of older (and possibly withdrawn) editions of our forms may result in your application or petition being denied or delayed. Please further note that some non-BCIS immigration Websites link directly to immigration forms, without going through the Forms Entry Page (FEP). This may seem like a convenience, but it may lead you to miss important information on the FEP that could lead to the return of your form or delay in your processing. Forms Entry Pages Contain Important Information When the BCIS benefits and their related requirements change, our forms must be revised to reflect those changes. These revisions take time. While these changes are underway (but not yet reflected on the form or form's instructions) the Forms Entry Page (FEP) for that form provides up-to-date correct information. So, to ensure that you complete your application correctly, you should carefully read any notices, warnings, or explanations on the FEP (especially under the section entitled "Special Instructions") before you print (or download) the form, fill it out and send it to the BCIS. Changes and Updates to Our Forms Are Reported on What's New Changes made to immigration forms are always noted under What's New in Forms. Special instructions and important clarifying information are reflected on the Forms Entry Page (FEP) for that form.
U.S. to Fingerprint Most Foreign Visitors Foreign visitors arriving at U.S. airports or seaports beginning Jan. 1, 2004, will have their travel documents scanned, fingerprints and photos taken and identification checked against terrorist watchlists. Homeland Security undersecretary Asa Hutchinson released details Monday of the department's new U.S. Visitor and Immigration Status Indication Technology, or U.S. VISIT, that will check the comings and goings of certain foreign travelers. The checks will apply to people who arrive in this country carrying visas, which last year was about 60 percent or 23 million of the foreign visitors, said Hutchinson, who oversees Border and Transportation Security. "In 99.9 percent of the cases, the visitor will simply be wished a good day or sent on their way," Hutchinson said in a speech at the Center for Strategic and International Studies, a think tank. "But with that small percentage of hits, our country will be made much safer and our immigration system will be given a foundation of integrity that has been lacking for too long." Homeland Security Secretary Tom Ridge had announced U.S. VISIT earlier this month. Hutchinson said when the visitor leaves, the person's departure will be verified with the U.S. VISIT system. Also as part of the program, Hutchinson said the department has created an Office of Compliance that will analyze all the information collected from visitors and refer any requiring follow up to investigators. Acting Director of the new Bureau of Citizenship and Immigration Services. Eduardo Aguirre, vice chairman, first president and chief operating office of the Export-Import Bank of the United States (Ex-IM Bank), is a nationally recognized business and civic leader who was president of Bank of America's International Private Bank prior to joining Ex-Im. Mr. Aguirre has been appointed by President Bush as Acting Director of the Bureau of Citizenship and Immigration Services (BCIS), Department of Homeland Security. The President intends to nominate Mr. Aguirre as Director of the BCIS. President George W. Bush nominated Mr. Aguirre for the Ex-Im Bank position on May 22, 2001, for a term expiring January 20, 2005. He was confirmed by the U.S. Senate on December 20, 2001. Aguirre served for one year as Ex-Im Bank's acting chairman. November 2002, Aguirre received the highest honor given government leaders in recognition of their service to the Dominican Republic. He was presented the Order of Christopher Columbus by Hipolito Mejia, president of the Dominican Republic, for his contribution toward promoting economic growth and business opportunities in both countries through bilateral trade. During his 24-year career at Bank of America, Mr. Aguirre participated in numerous corporate-wide leadership initiatives. For three consecutive years, Mr. Aguirre was named "one of the 100 most influential Hispanics in the nation" by Hispanic Business Magazine. Mr. Aguirre and Bank of America were featured in Latino Success published by Simon & Schuster in 1996. Aguirre was appointed by Governor George W. Bush to the board of regents of the University of Houston System for a six-year term until 2001, serving from 1996 to 1998 as chairman. President George H.W. Bush appointed him to the National Commission for Employment Policy, and the Supreme Court of Texas appointed him to the State Bar as a non-attorney director. Aguirre served as the past chairman of the board of trustees of the Texas Bar Foundation, and is on the boards of the Houston Livestock Show and Rodeo, Texas Children's Hospital, George Washington's Mount Vernon Estate and Gardens, Center for Excellence in Education (CEE), and Operación Pedro Pan Group Inc. He was appointed by former Secretary of Defense William Cohen to the 63rd Joint Civilian Orientation Conference, and over the years has served on numerous professional and civic boards including the Houston Chapters of the Red Cross and the Salvation Army, St. Joseph Hospital and the Bankers Association for Finance and Trade. Aguirre is a graduate of Louisiana State University and of the American Bankers Association's National Commercial Lending Graduate School. He is a certified commercial lender. He was awarded an honorary doctorate degree at the Universidad Tecnológica de Santiago, Dominican Republic, and honorary professorships by Beijing Polytechnic University and The Central University for Nationalities in Beijing. Prior to his appointment to Ex-Im Bank and moving to Washington, D.C., Aguirre and his wife Tere lived in Houston for 27 years. They have a son, Eddy, and a daughter, Tessie. Aguirre received Houston's Community Partners 2001 "Father of the Year" award. U.S. DEPARTMENT OF HOMELAND SECURITY Bureau of Immigration and Customs Enforcement March 13, 2003 BCIS TAKES FIRST STEP TOWARD DEVELOPMENT OF NEW CITIZENSHIP TEST WASHINGTON, D.C. - Today, the Bureau of Citizenship and Immigration Services (BCIS) announced the launch of a pilot project to standardized the English, government, and United States history tests administered to citizenship applicants. The first phase of the two-stage pilot focuses on the English language portion of the test. The BCIS is working with a professional test development company on the effort. "The long-range goal is to devise a test that will be fair, consistent, and meaningful for naturalization applicants nationwide," said William R.Yates, Acting Associate Director for Operations, BCIS. "The priority at the new Bureau of Citizenship and Immigration Services is ensuring that we not only meet but exceed our customers’ expectations and that includes creating a level playing field for those seeking to become new Americans." As part of the English language pilot, consenting citizenship applicants will be asked to answer one test question at the end of their regularly scheduled naturalization interview. The pilot will include questions designed to gauge reading, writing, and speaking skills. The applicant’s response will not affect the outcome of the interview. Five cities are slated to participate in this first phase of the naturalization test pilot - Los Angeles, Sacramento, San Antonio, Atlanta, and Newark. A BCIS team arrived in Newark today in order to train the officers who will administer the pilot and brief community-based organizations on the test redesign effort. Over the next three weeks, the team will travel to the other designated cities to implement the pilot in those locations. To qualify for U.S. citizenship, applicants must demonstrate a basic understanding of English, including an ability to read, write, and speak the language. They must also be able to show that they know the fundamentals of U.S. history and government. Currently, citizenship applicants are quizzed on these topics as part of the naturalization examination interview. The test questions are generally culled from a lengthy pre-approved list, but there is no standardized testing format or method for administering the questions. As a result, the test content and process can vary from officer to officer and from office to office. "Whether you’re a citizenship applicant in Sacramento or San Antonio, you should have the same set of expectations about what kind of test you will experience," said Gerri Ratliff, the BCIS project director for the test redesign effort. "Not only is it a matter of fairness, but it will also help ensure that applicants come into the test fully prepared." The U.S. Commission on Immigration Reform headed by former Congresswoman Barbara Jordan recommended that the naturalization testing process be standardized and the content be revamped to make it more relevant. The goal is to have a new naturalization test in place by late 2004.
INS NEWS Application for Naturalization, Form N-400: Termination of Acceptance of
Editions Issued Prior to May 31, 2001 ACTION: Notice. SUMMARY: This notice confirms only
editions dated May 31, 2001, or DATES: This notice is effective March 31, 2003. In a Federal Register notice dated
November 16, 2001, at 66 FR Subsequent to publication of the
November 16, 2001, notice the Accordingly, as of March 31, 2003,
only the May 31, 2001, or What Happens After the ``Sunset
Date'' for Accepting the Previous Beginning March 31, 2003, only the
May 31, 2001, or later editions Will the Service Continue to
Process the Previous Edition Form N-400 The previous edition of the
naturalization applications, if it was How Can Applicants Obtain the
Current Edition of Form N-400? Michael J. Garcia,
WASHINGTON, DC. DHS TAKES OVER INS AS OF MARCH 1st. The United States has 5,525 miles of border with Canada and 1,989 miles with Mexico. Our maritime border includes 95,000 miles of shoreline, and a 3.4 million square mile exclusive economic zone. Each year, more than 500 million people cross the borders into the United States, some 330 million of whom are non-citizens. On March 1st, the Department of Homeland Security, through the Directorate of Border and Transportation Security, will assume responsibility for securing our nation's borders and transportation systems, which straddle 350 official ports of entry and connect our homeland to the rest of the world. BTS will also assume responsibility for enforcing the nation's immigration laws. The Department's first priority will be to prevent the entry of terrorists and the instruments of terrorism while simultaneously ensuring the efficient flow of lawful traffic and commerce. BTS will manage and coordinate port of entry activities and lead efforts to create a border of the future that provides greater security through better intelligence, coordinated national efforts, and unprecedented international cooperation against terrorists, the instruments of terrorism, and other international threats. To carry out its border security mission, BTS will incorporate the United States Customs Service (currently part of the Department of Treasury), the enforcement division of the Immigration and Naturalization Service (Department of Justice), the Animal and Plant Health Inspection Service (Department of Agriculture), the Federal Law Enforcement Training Center (Department of Treasury) and the Transportation Security Administration (Department of Transportation). BTS will also incorporate the Federal Protective Service (General Services Administration) to perform the additional function of protecting government buildings, a task closely related to the Department's infrastructure protection responsibilities. The BTS Directorate will also be responsible for securing our nation's transportation systems, which move people from our borders to anywhere in the country within hours. The recently created Transportation Security Administration, which will become part of the BTS Directorate, has statutory responsibility for security of all of the airports. Tools it uses include intelligence, regulation, enforcement, inspection, and screening and education of carriers, passengers and shippers. The incorporation of TSA into the new Department will allow the Department of Transportation to remain focused on its core mandate of ensuring that the nation has a robust and efficient transportation infrastructure that keeps pace with modern technology and the nation's demographic and economic growth. Another important function of BTS's border management mission will be enforcing the nation's immigration laws - both in deterring illegal immigration and pursuing investigations when laws are broken. On March 1st BTS will absorb the enforcement units of the Immigration and Naturalization Service, such as the Border Patrol and investigative agents of INS. Working together with agents from other agencies that will comprise the BTS Directorate, such as the U.S. Customs Service and Transportation Security personnel, these well-trained law enforcement professionals will provide a coordinated defense against unlawful entry into the United States.
Fingerprinting likely for Americans DAMMAM/RIYADH — In a message to all American citizens residing in the Kingdom, the US Embassy has advised that there may soon be changes in Saudi visa regulations. Saudi Arabia is expected to start fingerprinting Americans entering the Kingdom in response to a similar measure introduced by the United States last week, the US Embassy said yesterday. “The embassy wishes to advise American citizens that in the near future the government of Saudi Arabia may start requiring American citizens to be fingerprinted as part of their visa or entry process,” the embassy said in a new warden message. “There also is the possibility that the duration of visas to Saudi Arabia will be shortened for American citizens and visa fees increased,” the message added. New stringent US immigration checks on nationals from several Muslim countries went into effect last Tuesday. The measures, which require Saudi male visitors to the United States to undergo digital fingerprinting and photographing, and to provide information on travel plans, has angered Saudis who decried it as discrimination. Under these rules, male visitors from the countries concerned, aged between 16 and 45, are required to register with the authorities upon entering the United States. Such visitors are also required to appear for an interview at immigration offices if they wish to stay in the United States for more than 30 days. They must notify the authorities within 10 days of any change to their place of residence. The US Embassy said the expected Saudi measures are in “response to the introduction ... of the National Security Entry Exit Registration System (NSEERS).” There are between 30,000 and 40,000 Americans living and working in the Kingdom, down from about 60,000 a decade ago. For decades, Saudi Arabia and the US have been involved in frequent discussions over visa rules and regulations. Repeated requests to issue two-year multiple entry visas to American businessmen coming to the Kingdom have been met with a lack of enthusiasm. In recent years it has, however, become common for multiple exit-re-entry visas to be made available to Americans with Saudi residency visas. Since Sept. 11, 2001, the US Embassy in Saudi Arabia has stiffened procedures for issuing visas to Saudi citizens, including students. All misrepresentations may result in automatic denial IMMIGRATION CORNER AT THE FILIPINO REPORTER OF NY. Michael J. Gurfinkel, Esq. Many people find themselves facing a lifetime ban from entering the U.S. (or getting a green card) because they were accused by the Immigration and Naturalization Service (INS) or Embassy of visa fraud. While in some cases, a person truly did commit fraud, there may be some special cases or circumstances where the person’s actions or misrepresentations do not amount to the legal definition of fraud. The main law prohibiting visa fraud or misrepresentation is Section 212(a)(6)(C), which states: “Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.” By law, not all misrepresentations result in a person’s automatic ineligibility for a visa. In order for an alien to be ineligible for a visa based on fraud or misrepresentation, the following elements must exist: 1. There has been a misrepresentation made by the applicant. 2. The representation was willfully made. 3. The alien uses fraud to receive a benefit under the Immigration Act (i.e., visa, entry into the U.S., labor certification, adjustment of status, etc.). 4. The fact misrepresented is material. If the misrepresentation is not “material,” the person may still be eligible for a visa. In determining whether or not a person made a material misrepresentation, the following rules apply: The misrepresentation must be a positive or affirmative statement or act made by the alien. “Silence or the failure to volunteer information does not in itself constitute a misrepresentation.” The alien’s misrepresentation must have been before a U.S. government official (i.e., a U.S. consular officer or an INS officer). Misrepresentations made to officials of other countries’ governments may not constitute “misrepresentation” for purposes of finding a person ineligible for a U.S. visa. If a person made a misrepresentation, but timely retracted that misrepresentation, then a “timely retraction will serve to purge a misrepresentation and remove it from further consideration as a ground for...ineligibility.” 4. Only misrepresentations of material facts constitute grounds for ineligibility of a visa. 5. In order for a misrepresentation to be considered “material,” the truth of the matter (or alien’s circumstances) must lead to a proper finding of ineligibility for a visa. However, if the truth would still support a finding that the alien is eligible for a visa, then the misrepresented fact is not material.\ As I have stated in the past, people should always be honest and truthful with the INS and/or Embassy when applying for visas. If people lie, chances are very high that the INS and/or Embassy will find out. If you, or a relative or a friend, were denied a visa because of misrepresentation, you should consult a reputable and reliable attorney. Sometimes, a denial may not be the end of the line. An experienced attorney could analyze whether the misrepresentation would constitute a “material misrepresentation” under existing immigration law, and advise whether you, your friend or relative can qualify for a waiver or “forgiveness” for the misrepresentation. A waiver is available if a person is the spouse, son or daughter of a U.S. citizen or green card holder (“qualifying relative”) and it is shown that the qualifying relative would suffer “extreme hardship” if the waiver is not granted. If you made a misrepresentation, and the waiver is approved, then you may still be able to get your visa. (Editor’s note: Michael J. Gurfinkel has been a licensed attorney in California for over 22 years. He has always excelled in school: valedictorian in high school; cum laude at UCLA; and law degree honors and academic scholar at Loyola Law School, which is one of the top law schools in California. He is also an active member of the State Bar of California, the American Immigration Lawyers Association, and the Immigration Section of the Los Angeles County Bar Association. All immigration services are provided by an active member of the State Bar of California and/or by a person under the supervision of an active member of the State Bar.
NEW YORK.
House GOP
Leaders Unveil Homeland Bill The proposal by Armey, chairman of a nine-member select panel that is preparing the House's version of the homeland security bill, is critical to the Bush administration, which has been fighting efforts to scale back its plan to merge all or part of 22 federal agencies into a single Homeland Security Department. The majority leader's action sets a framework for the House deliberations and negotiations over the legislation with the Senate, and gives momentum to Bush's bid to complete the biggest overhaul of the federal government in more than 50 years. Armey agreed to give the White House unusual flexibility in homeland security spending -- an idea opposed by many in Congress. But his plan did not give the administration everything it wanted. He proposed moving only law enforcement functions of the Immigration and Naturalization Service into the new department, and keeping other INS responsibilities, such as the processing of visas and citizenship requests, at the Justice Department. Armey also proposed extending the Dec. 31 deadline for reaching the goal of inspecting every airline passenger's luggage for explosives, an idea that caught some Democrats by surprise and generated immediate criticism. Armey also sought to extend a Nov. 19 deadline requiring federal security screeners in all airports. Airport executives and airline officials have launched a vigorous lobbying campaign in recent months, arguing they could not realistically meet the baggage screening deadline for explosives detection devices. Democratic Caucus Chairman Martin Frost (Tex.), a select committee member who supports the extension, said it was inappropriate to tack it onto the bill. "I'm sympathetic, but I don't think we should Christmas tree this homeland defense bill by putting things in it that should not be in it," Frost said. In an interview yesterday, Armey said he tried to roughly mirror the president's proposal while making a few key concessions to several House committees that had altered the bill in recent days. In doing so, he appeared to placate most GOP committee chairmen who could attempt to gut parts of Bush's plan. "The White House is going to have a bill that's about 80 percent of what they started with," he said, adding that in the case of each committee, "they got something they can be happy with me for and something they can be unhappy about." Armey's decision to oppose a national ID card and to halt the enlistment of federal transportation workers and mail carriers in a new Justice Department anti-terror tipster effort, however, reflected his own philosophy on privacy issues. "These are two programs that bother me," he said. The new proposal came on the same day that federal officials announced more than $10 million in grants to nonprofit groups and public organizations that will help recruit 37,000 volunteers to support homeland security missions in their communities. The first test of Armey's plan comes today, when Armey's select committee of five Republicans and four Democrats creates its draft of the bill. Some GOP leaders predicted yesterday that Republicans and Democrats will attempt to alter provisions on the House floor next week in what could be a prolonged debate. "It's going to get a bumpy ride. You're dealing with conflicting recommendations and the protection of turf," said F. James Sensenbrenner Jr. (R-Wis.), chairman of the House Judiciary Committee. "I think we know where we're going to get -- from Point A to Point B -- but how straight the road will be remains to be seen." Sensenbrenner, who had urged that the INS be split up, said he was pleased that Armey heeded the advice. But other GOP committee chairmen did not fare as well, including Rep. Don Young (Alaska), whose Transportation and Infrastructure Committee wanted to keep the Coast Guard and FEMA out of the new department. Young has said he will push for those issues again on the House floor. Armey said he will pursue discussions with Young over how to write mission statements for the Coast Guard and FEMA, which Young has said would help guarantee that the agencies, if moved, will not cut back on duties unrelated to homeland security. Young did not respond to requests for comment yesterday. Armey also attempted to appease leaders of the House Appropriations Committee, who opposed the White House's plan to give the head of the new department the ability to redirect as much as 5 percent of spending without consulting Congress. Armey lowered that to 2 percent, and only for the first two years of the department's existence. Committee Chairman C.W. Bill Young (R-Fla.) is satisfied with that compromise, said spokesman John Scofield. Senior Democrats praised some of the changes Armey made to Bush's plan, but said it did not go far enough. Rep. David R. Obey (Wis.), ranking Democrat on the appropriations panel, said he opposed ceding any congressional control over the department's spending. Robert Menendez (N.J.), vice-chairman of the Democratic caucus and a member of the select committee, said he remained concerned about the bill's impact on workers' civil service rights. "We still have issues," Menendez said. The Senate Governmental Affairs Committee, headed by Sen. Joseph I. Lieberman (D-Conn.), is scheduled to draft a Senate version of the plan Wednesday. Leaders of both houses hope to pass final legislation by Sept. 11, the one-year anniversary of the terrorist attacks. Lieberman's committee also
will likely prepare a bill that mirrors most of the White House
recommendations, according to legislative sources. But the panel is
looking at ways to bolster the new department's ability to collect
intelligence and plans to strike language from the Bush proposal that
Democrats believe threaten civil service protections. NEW YORK. Social Security to Work With INS The Social Security Administration starts checking Immigration and Naturalization Service documents before issuing numbers and cards. James B. Lockhart III, deputy commissioner of Social Security, told a Senate Finance subcommittee that the new electronic verification process would start next week. The lack of such a system was a major criticism after Sept. 11, when officials initially thought terrorists had legally obtained Social Security numbers. Social Security could not verify visa status or other immigration documents for all non-citizens because no system was available to do so in a reasonable amount of time. An enhanced system is being put in place, and if documents still can't be checked electronically, the job will be done manually. Last month, Social Security started verifying birth records submitted by U.S.-born citizens over age 1 applying for a Social Security number, Lockhart said. The administration also is implementing a system that will assign Social Security numbers to new immigrants when the State Department approves an immigrant visa at a foreign service post and the INS authorizes entry. The first phase should be completed by year's end, Lockhart said. Social Security wants to make the numbers "less accessible to those with criminal intent as well as prevent individuals from using false or stolen birth records or immigration documents to obtain" them, he said. Allegations of Social Security number fraud have increased from 11,000 to 65,000 from 1998 to last year. A bill by Sens. Dianne Feinstein, D-Calif., and Judd Gregg, R-N.H., would ban the sale or display of a person's Social Security number without his or her consent. Exceptions would be made for business and government operations. Starting in 2005, Social Security numbers would have to be removed from 11 public records before public release, including birth and death certificates, marriage licenses, occupational licenses, property records and court judgments. But some companies have concerns that access to the numbers would be too restrictive. Government agencies, law enforcement, businesses and researchers rely on such information to do their jobs, said Norman Willox Jr., chief officer for privacy, industry and regulatory affairs for LexisNexis, the online information service. LexisNexis lets customers use the numbers as a search term, but prohibits the display of full numbers. That prevents people from discovering new numbers, but preserves the ability of people who already know a number to use it for identification purposes, Willox said. The numbers have been used
by LexisNexis customers to locate missing children, identify and
prevent fraud, enforce child support obligations, find pension fund
beneficiaries and assist with debt collection. A federal judge in New Jersey dealt a significant blow to the government's efforts to hold terrorism suspects in secret, ruling unconstitutional a directive closing immigration hearings deemed of "special interest" to the investigation into the Sept. 11 attacks. If upheld, the ruling would strike down one of the government's primary investigative tools after the attacks on the Pentagon and the World Trade Center and possibly shed light on the fate of dozens, if not hundreds, of people who have been arrested, detained or deported in secrecy. The judge, John W. Bissell, described as "serious and legitimate" the government's assertion that opening the hearings could compromise its ability to prevent terrorism, but he said those concerns could be addressed case by case and were outweighed by the right of the public and the press to view the hearings. "Without an injunction, the government could continue to bar the public and press from deportation proceedings without any particularized showing of justification," he wrote. "This presents a clear case of irreparable harm to a right protected by the First Amendment." The Justice Department is expected to appeal. "The highest priority of the Department of Justice is to detect and prevent terrorism while preserving our constitutional liberties," the department said in a statement. "We will continue to defend the principle that the Constitution does not require immigration proceedings to be conducted in a way that provides valuable information to terrorist organizations or others who wish to harm Americans." This decision was the broadest of a series of recent rulings repudiating the government's tactics in the terrorism probe. Since Sept. 11, authorities have detained about 1,200 people, most of Arab and South Asian descent, shielding their identities and holding most on immigration violations while determining whether they were terrorists. The Justice Department says there are now about 104 people detained. In March, a New Jersey superior court judge, calling secret detentions "odious to democracy," ruled that state law prohibited the government from withholding the names of hundreds of people held in New Jersey county jails. In April, a federal judge in Detroit ruled that it was unconstitutional to close deportation hearings involving a Lebanese activist. A Cincinnati appellate court later forced the Justice Department to release transcripts of previous immigration hearings involving the detainee, Rabih Haddad, that had been conducted in secret. That same month, a federal judge in New York ruled that the Justice Department had illegally used a material-witness statute to detain a Jordanian college student suspected of ties to the Sept. 11 hijackers. The Justice Department is appealing each of those rulings. "What we are seeing is that the federal courts are refusing to accept the government's contention that after 9/11 the normal constitutional principles do not apply," said Lee Gelernt, a senior attorney with the American Civil Liberties Union, which has opposed the government in several cases, including the one that resulted in that decision. FOREIGNERS OBTAIN SOCIAL SECURITY ID WITH FAKE PAPERS Tens of thousands of foreigners are illegally obtaining Social Security numbers by using fake documents, typical first step to identity theft and other crimes, but federal officials still have not found way to search immigration records to prevent practice; new report by inspector general of Social Security Administration, James G Huse Jr, says one in 12 foreigners receiving new Social Security numbers have done so using fake documents; says preliminary results from ongoing investigation show 100,000 Social Security numbers were wrongly issued to noncitizens in 2000. The continuing problem is
causing great concern among law enforcement and counterterrorism
officials since cards can be used to obtain credit cards and security
badges needed for jobs at airports and other vulnerable locations.
Since September 11 terrorist attacks, federal authorities have
conducted nationwide sweeps to arrest people for using false Social
Security numbers. Some of 19 hijackers on September 11 had falsely
obtained Social Security numbers. After
using counterfeit immigration papers to obtain Social Security
numbers, many foreigners use the numbers to get airport security
badges, Mr. Huse said. The processing of thousands of immigration applications has ground to a halt in an unknown number of Immigration and Naturalization Service offices because workers have not been provided the equipment or training to use a new security database, INS officials said yesterday. In a memo Friday, the INS ordered its workers to begin checking the names of applicants seeking green cards, naturalization and other documents against the Interagency Border Inspection System (IBIS). That database contains criminal information and immigration histories supplied by the INS, the FBI, the U.S. Customs Service and other federal agencies. But workers in some offices have been stymied because they lack the computers and know-how to accomplish the task, INS officials acknowledged. Thousands of applications already are backing up, they said. In the New York district office, there is just one computer with IBIS access to check the more than 1,000 new applications that arrive each day. The Hartford, Conn., office has no IBIS computer, said INS spokesman William Strassberger. "We are working to resolve this issue as soon as possible," Strassberger said. "This is implementation of a new procedure, and there are some initial start-up problems. We have to get additional equipment to those locations." The New York office is expected to receive 12 computers , Strassberger said. It is unclear when computers will arrive at the Hartford office. Strassberger and other INS officials declined to say how widespread the problem is, but Marcia Needleman, chairwoman of the New York chapter of the American Immigration Lawyers Association, said immigration attorneys across the country have begun to complain about it. "It seems to be nationwide," Needleman said. "The problem seems to be they don't have the equipment to do the clearances and the training." Rep. F. James Sensenbrenner Jr. (R-Wis.) said the problem is more widespread than just New York and Hartford, though he did not know how pervasive it is. He has requested a briefing on the matter by the INS very soon. "This is another example of the dysfunctionality of the INS," said Sensenbrenner, whose bill to abolish the INS and replace it with two Justice Department bureaus overwhelmingly passed the House last month. "These people [applicants] are legal aliens in this country who deserve to have a prompt response." One INS employee who handles immigration applications said, "You have applications being checked against a system we don't have access to. We can't approve anything." "It's re-creating backlogs that we've worked three years to get rid of," he said. "It's becoming a nightmare for our office." Janis Sposato, assistant deputy executive associate commissioner for immigration services, declined to say how many workers have not been trained to use the system or how many offices lack IBIS access. The training is done by computer, and a test is given at the end of the process, she said. The INS for years has been criticized for backlogs and delays in processing immigrants applying for residency or citizenship. According to the House Judiciary Committee, the agency has a total of 5 million applications pending. In recent months, the agency sparked a new round of ire and an investigation by the Justice Department's inspector general after a string of embarrassing mistakes. In March, an INS service contractor mailed visa change approvals for two of the dead Sept. 11 hijackers, and an agency inspector's error in Norfolk allowed four Pakistani crew members to jump ship and disappear. One later was caught, another turned himself in, and two remain at large, Strassberger said. The INS has been checking immigrants who applied for certain benefits since August 1999. In January, it ordered all applicants checked, but an unknown number of offices did not receive the equipment and training to comply. In the Friday memo, the INS repeated its order to check all applicants against IBIS. Judith Golub, senior director of advocacy with the American Immigration Lawyers Association, called the inability to access IBIS unacceptable. "There have to be ways to balance the need for security with the free flow of people and good," Golub said. Angela Kelley, deputy
director of the National Immigration Forum, an advocacy group for
immigration, said the latest problem showed the urgent need for
change. "It really does speak to the desperate need to reform the
INS," she said. "There's not a week goes by that that's not confirmed
for us." The Immigration and Naturalization Service said that it will send a team to its New York district office to help reduce an application backlog that resulted from employees not getting the equipment or training necessary to use a new security database. The team will install more computer terminals and help train the workers. "We're trying to find ways to help them do the job," INS spokesman William Strassberger said. "If they don't have the knowledge, if they don't have the computers, we will make the resources available. Whatever we have to do to do this, we will." The decision comes after it was reported that the processing of thousands of immigration applications had been halted in the New York district office and other INS offices because workers did not know how to use the Interagency Border Inspection System (IBIS). The INS ordered its workers to begin checking the names of applicants seeking naturalization, green cards, adjustment of status and other documents against IBIS. The system contains immigration history and criminal information supplied by the INS, FBI, the U.S. Customs Service and other federal agencies. At least 1,000 applications a day are piling up in the New York district office, according to one employee who handles immigration applications. "New York is going to have to hold off on making a final decision on a case until the checks are completed," said William Yates, deputy executive associate commissioner for immigration services. "Yes, there will be a delay . . . but we will get beyond this." Yates said the delay could be several weeks. Rep. Mark Foley (R-Fla.) said the decision to send a crew to New York is "another superficial attempt to gloss over a real problem." "Merely sending a team up to New York is once again the INS putting their finger in the dike," Foley said. "This should be happening at all U.S. facilities, not just New York." INS officials declined to say how widespread the problem is, but said they will purchase additional computers, beef up training and hire more adjudication officers to help with the checks. The INS has a history of backlogs and delays in processing immigrants' applications for citizenship or residency. It has 5 million applications pending, according to the House Judiciary Committee. For nearly three years, the INS has been checking immigrants who applied for certain benefits. In January, it ordered all applicants checked, but an unknown number of offices did not receive the equipment and training needed to comply. In last week's memo from Yates, the directive was repeated to check all applicants against IBIS. But no one checked to ensure that employees were properly trained or had access to the system. "We had been doing
background checks on naturalization cases . . . and adjustment of
status cases, and we weren't sure we would do the additional IBIS
checks," Yates said. "We know now that we're going to go through some
growing pains with this." F-Academic Students and M-Vocational Students Requirements The Immigration and Nationality Act provides two nonimmigrant visa categories for persons wishing to study in the United States. The "F" visa is reserved for nonimmigrants wishing to pursue academic studies and/or language training programs, and the "M" visa is reserved for nonimmigrants wishing to pursue nonacademic or vocational studies. Foreign students seeking to study in the U.S. may enter in the F-1 or M-1 category provided they meet the following criteria: The student must be enrolled in an "academic" educational program, a language-training program, or a vocational program; The school must be approved by the Immigration and Naturalization Service (INS); The student must be enrolled as a full-time student at the institution; The student must be proficient in English or be enrolled in courses leading to English proficiency; The student must have sufficient funds available for self-support during the entire proposed course of study; and The student must maintain a residence abroad which he/she has no intention of giving up. Information on How to Apply for the Student Visa, Visa Ineligibility/Waiver, Student Employment can be obtained via Visa Services at Department of State Website. Also see Sec. 641 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 (Pub. L. 104-208). Section 641 of IIRIRA is one of the catalysts behind a new interagency initiative known as the Student Exchange and Visitors Program, or SEVP program. SEVP is designed to improve processes for foreign students and exchange visitors holding F, J, and M visas, and schools, colleges and other organizations sponsoring programs for these visa holders. SEVP will facilitate and automate several processes affecting foreign students, such as: Visa issuance admissions to the U.S.; benefit requests; and information reporting. Useful information for Schools Obtaining Approval to Receive Nonimmigrant Students Petition for Approval, Form I-17, must be filed with the district office with jurisdiction for the the locality where the school is located. There are two types of foreign students, F-1 and M-1 nonimmigrants. A school may be approved for F and/or M students, as described below. However, an individual student's classification depends on his/her principal educational goals. F-1: Approval for attendance of academic students may be solicited by an accredited college or university that awards bachelors, masters, doctorate or professional degrees; an accredited community or junior college that provides instruction in the liberal arts or the professions and awards associate degrees; a seminary; a conservatory; an academic high school; a private elementary school; or an institution that provides language training, instruction in the liberal arts, the fine arts or the professions, or instruction in one or more of these disciplines. M-1: Approval for the attendance of non-academic students may be solicited by a community college or junior college that provides vocational or technical training and awards associate degrees; a vocational high school; a trade school or a school of nonacademic training other than language training. Current INS regulations recognize the following as approved schools: A school operated as a public educational institution by federal, state, or local government; and A school accredited by a nationally recognized accrediting agency. If an institution of higher education does not fall into one of these two categories, it must submit evidence that its course credits are accepted by at least three accredited schools. If a private elementary or public or private secondary school does not fallinto one of these two categories, it must submit evidence that it satisfies the compulsory attendance requirements of the state in which it is located and that it qualifies graduates for acceptance by approved schools at a higher educational level, and in the case of a private elementary or secondary school, that it is accredited by an accrediting organization, certified by the U.S. Department of Education's Office of Non-Public Education. Approval Process Petition for approval (Form I-17) is filed in duplicate with the district director in the school's locality. The following requirements must also be met: The Form I-17 must be signed by an officer of the institution who has authority to sign contracts. The petitioning school must submit certification indicating that it is licensed, approved, and/or accredited. Where to apply? All applications submitted by schools and institutions wishing to accept nonimmigrant students, should be mailed to the "Attention of the INS Schools Officer" at the INS District Office having jurisdiction over the geographic area in which the institution is located. WASHINGTON. The U.S. Immigration and Naturalization Service has ordered that all Yemeni nationals be searched before entering or leaving the United States. It is one of the most specific security alerts to be issued since September 11th. Agents at U.S. airports, borders, and ports are directed to do: "A complete and thorough search of all baggage" carried by Yemeni travelers and make "An inventory of all effects." Only those carrying diplomatic passports are exempt. The memo specifically orders agents to look for "...large sums of currency, thermos bottles, night vision goggles or devices." It warns, "under no circumstances will an inspecting officer open a thermos bottle." The order was given last week after a recent raid of an apartment housing a number of Yemeni nationals in the Northeast. Law enforcement officers discovered dozens of thermos bottles, some rigged with batteries; wire was also found. Authorities say these components could have been used in manufacturing bombs. Yemen has been a known haven for al Qaeda operatives. The guided missile destroyer USS Cole was badly damaged in a bombing in the Yemeni port of Aden, on Oct. 12, 2000, when a small boat laden with explosives was detonated beside the warship. Seventeen U.S. sailors were killed and 39 others were injured in the attack, blamed on Saudi-born militant Osama bin Laden's al Qaeda guerrilla network. The United States also blames bin Laden and al Qaeda for the Sept. 11 attacks on the United States that killed more than 3,000 people. INS NEWS.. ASYLEES MUST CONTACT THE IMMIGRATION SERVICE. The Immigration and Naturalization Service (INS) announced that asylees who filed adjustment of status applications on or before June 9, 1998, and have not received a decision regarding their adjustment application, should contact INS at 1-800-375-5283 to ensure that the agency has a record of their current address and check on the status of their case. (NOTE: When you call this number, first press #1 ("for information about pending applications"), and then, once there, press #2 ("for change of address of your N-400 and certain pending asylum adjustment applications"). When you call, be sure you have your application receipt number handy.) An asylee is a person who has received a final grant of asylum. Most persons who have been in asylee status for one year or more are eligible to file an application for permanent resident status. Under the Immigration and Nationality Act, no more than 10,000 asylees may have their status adjusted to that of lawful permanent resident each year. The INS is currently adjudicating applications for asylee adjustment filed on or before June 9, 1998. An asylee who filed an adjustment of status application on or before June 9, 1998 and has not received a decision regarding the adjustment application, should contact INS at 1-800-375-5283 Monday through Friday between the hours of 8:00 am and 6:00 pm. Special Notice to Iraqi and Syrian Asylees Special provisions in the immigration laws authorize the INS to process the adjustment of status applications of certain eligible Iraqi and Syrian asylees without regard to the 10,000 numerical limitation Asylees who are eligible for their applications to be processed under these special provisions and believe that the INS may be inadvertently treating their applications as being subject to the 10,000 cap, should contact the INS by writing to the following address: Nebraska Service Center Attn: 485
SYRIAN SUPERVISOR P.O. Box 87333 Lincoln NE 68501-7333 Immigration agents arrested 24 persons and seized counterfeit documents and counterfeiting equipment recently in an operation designed to disrupt the continuing false document open-air markets in the Adams-Morgan neighborhood of Washington, D.C. The operation, called “Card Shark”, was conducted by the Washington District Office of the U.S. Immigration and Naturalization Service (INS), in coordination with the United States Attorney's Office for the District of Columbia and law enforcement from the Metropolitan Police Department, (MPD), the Federal Bureau of Investigation (FBI) Washington Field Office and the INS Baltimore District Office. "This is an ongoing investigation and more arrests are expected", said Warren A. Lewis District Director for the Washington District Office of the INS. "We are aggressively working to locate, arrest and prosecute anyone who violates our laws relating to the possession, manufacture, or sale of counterfeit immigration documents." “Immigration enforcement is a major component in the ongoing effort to tighten our borders and increase homeland security,” said Roscoe C. Howard, Jr., U.S. Attorney for the District of Columbia. “We are pleased to support the INS in its effort to ensure that persons are issued valid identification documents. In that regard, we will aggressively prosecute those who manufacture, distribute and possess illegal ones”. The men were arrested yesterday following the execution of four search warrants at 2801 15th Street NW Washington, D.C. Subsequent to the search, INS agents also seized 360 fake alien registration cards (“green cards”), 281 fraudulent social security cards, 70 bogus employment authorization cards, 46 counterfeit drivers licenses from California, Utah and Florida, and other equipment believed used in the production of the fraudulent documents. Seven of the arrested individuals are being arraigned on felony charges. Of the seven, four are related to the manufacture and distribution of counterfeit documents, and three are being charged criminally with felony re-entry after deportation. The remaining 17 arrests were for administrative immigration charges A conviction for fraudulent immigration documents, (18 USC 1546), is punishable by up to ten years in prison or $250,000 fine, or both. |
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