US Immigration News Update

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FAX: (626) 279-5613

**E2 Investor Visa** Resource Center

October 2001

Current Issue

INS QUESTIONS FOREIGNERS BOARDING DOMESTIC FLIGHTS

After the September 11, 2001 terrorist attacks, there have been reports of INS officers questioning and asking foreign nationals boarding domestic flights for documentation of immigration status. Although seldom enforced in the past, the law does technically require all non-citizens over 18 years old to carry immigration documents showing lawful status at all times.

NO CHANGES TO VISA PROCEDURES AT U.S. EMBASSIES AND CONSULATES

The U.S. Department of States has reported that it has not changed visa issuance procedures after the terrorist attacks on New York City and the Pentagon. Almost all U.S. diplomatic posts abroad are open for full consular services.

NEW BIOMETRIC BORDER CROSSING CARDS

Beginning October 1, 2001, the old border crossing cards are no longer valid for entry into the United States. Any Mexican national who seeks admission with a border crossing card will be required to present the new biometric card to the INS Inspector before being admitted to the United States. This new requirement also applies to certain Canadian landed immigrants who are required to present proper document to gain entry into the United States. The new biometric border-crossing card, also known as the laser visa, has a photo and machine-readable information.

UPDATE ON 245(i) EXTENSION

The Senate reached a compromise on the 245(i) extension and passed this agreement on September 6, 2001. The House is expected to pass this legislation shortly. The legislation if signed into law will extend section 245(i) to April 30, 2002 or four months after the INS regulations are issued. Section 245(i) allows certain illegal aliens to apply for adjustment of status to permanent residence with payment of $1,000 penalty fee. Under this compromise, the qualifying family relationship must have existed before August 15, 2001. This means, for marriage-based cases, the marriage must have been entered into by this date. Similarly, for employment cases that require labor certification, the labor certification application must have been filed by August 15, 2001. The 245(i) extension will apply to employment-based immigrant petitions that do not require labor certification.

If you have questions regarding how to qualify for adjustment of status under section 245(i), please contact our office for the specific requirements.

CERTAIN NATIONALS APPLYING FOR MEXICAN VISA SUBJECT TO SECURITY CHECK

Due to the September 11, 2001 attacks on America, the Mexican government in cooperation with the United States will now conduct a security check on nationals of the following countries before issuing them visas to enter Mexico. The list of countries include: Afghanistan, Azerbaijan, Bosnia, India, Pakistan, Sri Lanka, Taiwan, Turkey, Turkmenistan, Uzbekistan, Vietnam, etc. Even lawful permanent residents of the United States who are citizens of the above countries are subject to the security check. This policy is expected to slow down the visa process for nationals of these countries by at least 30 days. Although this policy appears temporary at this time, it is uncertain when this added security measure would end.

FAMILIES OF VICTIMS OF TERRORIST ATTACKS

The INS Commissioner James Ziglar announced that the families of the terrorist attacks on the World Trade Center and the Pentagon whose immigrant or nonimmigrant status was dependent on the victim’s status should not be concerned about facing immediate removal from the United States. Commissioner Ziglar stated "The INS will exercise its discretion in a compassionate way toward families of victims during this time of mourning and readjustment. On September 19, we began to advise our offices to exercise compassionate discretion in these circumstances."

WORK AUTHORIZATION FOR SPOUSES OF E AND L VISA HOLDERS

Congress is considering legislations that would provide work authorization to spouses of international transferees. Specifically, spouses of E and L visa holders will be permitted to work temporarily in the United States if these legislations become law.

"S" VISA NOW PERMANENT

The "S" visa is made available to aliens who cooperate with the government in criminal prosecutions. As a result of the September 11 incidents, President Bush has signed into law a permanent extension of the S visa.

OUR OFFICE PUBLISHES THIS NEWS UPDATE TO PROVIDE THE PUBLIC WITH GENERAL INFORMATION REGARDING THE LATEST DEVELOPMENTS IN US IMMIGRATION LAW. THE INFORMATION IN THIS NEWS UPDATE SHOULD NOT BE INTERPRETED AS LEGAL ADVICE. READERS ARE STRONGLY ADVISED TO CONSULT A QUALIFIED IMMIGRATION LAWYER TO RESOLVE THEIR INDIVIDUAL CIRCUMSTANCES. FOR CONSULTATION WITH AN IMMIGRATION LAWYER, PLEASE CALL US AT (626) 279-5341 OR E-MAIL US AT INFO@BCCVISALAW.COM. AN ATTORNEY IN OUR OFFICE WOULD BE HAPPY TO ASSIST YOU.