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Immigration News
February 2004

HAPPY CHINESE NEW YEAR!!

H-1B cap looming
All H-1B applicants are encouraged to file using premium processing due to the upcoming H-1B cap, and the anticipated shortage of H-1B visas available by spring 2004. The current number of cases approved or pending adjudication is estimated at 43,500, as of December 31, 2003. The H-1B cap permits for 65,000 cases per fiscal year. Cases that are approved after the cap is reached will be assigned a start date of October 1, 2004, and beneficiaries may need to consider how to remain in status if they are currently in the US.

BAD news from the IRS
On January 8, 2004, the Inspector General of the Internal Revenue Service issued a report about the use of ITIN’s, and criticized the tax laws’ protection of income tax return information. The IG suggested that there should be a way to use this information to assist the Department of Homeland Security to investigate an individual taxpayer’s immigration status.

The American Immigration Lawyers Association received a report of an individual who was arrested and charged with using a false Social Security number on his tax forms. The individual is alleged to be undocumented, and to have used an Individual Taxpayer Identification Number (ITIN) on his W-2 forms, then filed tax returns. The charging complaint states that the IRS researched their computer records for individuals who used ITIN’s on their W-2 forms and filed tax returns with those ITIN’s, rather than their Social Security numbers. When an attorney contacted an IRS investigator regarding this case, they were told that the IRS has found 250,000 individuals through researching their computer records whom they believe to be undocumented.

In reply to an attorney’s inquiry regarding IRS’s prosecution of allegedly undocumented individuals from their computer records, the IRS’s National Taxpayer Advocate stated that “it is not the policy of the IRS to release tax returns or return information to federal agencies for investigation of nontax crimes unless a federal district court judge or magistrate has issued to us an ex parte order requiring the release of that information.” Through discussion with the Acting Treasury Inspector General for Tax Administration, the IRS’s National Taxpayer Advocate was assured that “it is completely inaccurate to state that TIGTA is looking at 250,000 taxpayers and will prosecute them”. “TIGTA is now looking into the way in which this particular case was handled….this kind of issue and action is not in its normal investigative inventory for handling in the manner this case was handled.” As a result of this incident, there will be a meeting among some high-level officials to discuss this incident.

Advance Parole Delays
Recent applicants for advance paroles have experienced delays in receiving their documents. CIS Service Centers announced that they have been unable to process these requests because they ran out of the security paper used for advance paroles. The basic form stock needed to be re-branded with the DHS logo. Until this paper can be prepared, Service Centers will use the old INS format to print advance parole documents. On January 15, 2004 the form stock was supplied to Service Centers, and they are making the advance paroles their priority.

Revised and New Forms
Form N-600, Application for Certificate of Citizenship has been revised, and Form N-600K, Application for Citizenship and Issuance of Certificate under Section 322 has been newly created. Valid Form N-600’s are November 15, 2002 edition or later, and valid Form N-600K’s are April 30, 2003 edition or later. Form I-131, Application for Travel Document (covers reentry permits and advance parole as well) has been revised. Valid Form I-131’s are September 19, 2003 edition.

Processing changes at the District Offices
District offices (ours is Chicago, 10 W. Jackson) have begun sending all new family-based cases to the National Benefits Center for initial processing. Receipt notices, employment authorization, and advance parole will be processed at the National Benefits Center in hopes of providing more uniform and speedy processing times to all district offices. The procedure for applicants in our district will remain the same - send the applications to the district office. From there, applications are boxed up and sent to the NBC. In the future CIS may direct us to send all applications to the NBC directly, but until this direction is provided applicants should continue to send cases to the district office. After filing, the National Benefits Center will send the receipt notices, EAD card and advance parole documents directly to the applicants, and the applicants will no longer go to the Chicago District Office to pick up these documents. After security checks have been completed, cases will be sent to the District Offices for interview scheduling and adjudication. Interviews and decisions will continue to be made at the District Offices. Applications for waivers of inadmissibility will be processed at the National Benefits Center.

Presidential Candidates’ opinions on Immigration
The American Immigration Lawyers Association recently sent a survey to the numerous presidential candidates. To date, General Wesley Clark, Governor Howard Dean, Senator Joe Lieberman, and Representative Dennis Kucinich have replied. I have summarized their replies, but please look into the candidates’ backgrounds, their position papers, and their voting records for more information. General Clark appears to be in favor of immigration reform, ensuring legal representation and basic civil rights, but is very concerned that Americans not be disadvantaged by immigration. Governor Dean is in favor of earned legalization, visas for foreign professional workers, reducing family immigration backlogs, and basic civil rights for detainees. Governor Dean is the only candidate who expresses an interest in proper training for immigration staff and reasonable regulations. Senator Joe Lieberman is in favor of a 5-year earned legalization program, reducing family immigration backlogs, protecting the rights of the undocumented, and reinstating 245i. Representative Kucinich voted against the Patriot Act and the limit on civil liberties in that law, supports reductions in family immigration backlogs, but not the L-1 Intra-company transfer visa.

Can you vote?
I encourage every citizen to register to vote. If you are not registered to vote, please do so. If you are registered, but do not vote regularly, please consider doing so. Your voices should be heard!!! For those of us who are naturalized citizens, remember that we chose this country. We should exercise our rights, and the most important right is our right to vote. If anyone has questions about where to go to register, I will include that information in later articles. In the meantime, if you need to renew your driver’s license, you can automatically be registered to vote at the same time.

Pending legislation
There are numerous pieces of pending immigration legislation, but the most favorable appears to be the Immigration Reform Act of 2004, (S. 2010) introduced by Senators Chuck Hagel (R-NE) and Tom Daschle (D-SD). This bipartisan bill addresses comprehensive immigration reform by proposes to resolve the main issues of family reunification, new temporary worker program, and earned adjustment.

Call List
In the past several months I have received innumerable calls for information on potential immigration changes and programs. As it looks like we may soon have new immigration laws that may be helpful to many people, I would like to compile a call list for individuals who are interested in being called if major laws are passed. If anyone is interested, please call or email my office and provide a contact name and telephone number for the list, and any specific interests you may have. Once an immigration law is passed you will be contacted and informed of the law. Your information will be kept confidential and only be used to contact you if an immigration law is passed.


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