Rachel Huan Kao's Archived Articles
Immigration
News
January 2004
HAPPY NEW YEAR!!
Congratulations to the brave men and women serving in the US military
for their success in locating Saddam Hussein. Any news that brings us
closer to an end to the hostilities around the world will bring us closer
to new legislation at home that will help immigrants and their families.
Much of last month’s news remains current and valid so it is being
reprinted this month. Have a safe, healthy, happy and prosperous new year!!!
PERM Regulation expected in 2004
The Department of Labor expects to complete PERM regulation by early 2004,
with new processing requirements taking effect 120 days after publication
of the regulation. With PERM processing a new procedure for labor certifications
will be in effect, considered to present a higher standard of recruitment
for employers. Individuals interested in using the present procedure for
labor certification to obtain permanent residence should have their labor
certification cases filed before the 120-day period is concluded. For
cases requiring reduction in recruitment, this entails prior recruitment
as soon as possible. Interested individuals are encouraged to consider
the advantage of the present labor certification process over future PERM
procedures.
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.
Special Registration continues
Special Registration (for males from certain Middle Eastern countries
or terrorist-related countries) has not ended. But the Department of Homeland
Security has changed requirements for Special Registrants. Beginning December
2003, all Special Registrants will no longer be required to re-register
on an annual basis, and the 30/40-day follow-up interview (formerly required
of Port-of-Entry registrants) will no longer be required. All other requirements
remain in place, (Departure Registration, Reporting changes of address,
employment, educational institution). As the requirements for Special
Registration are tricky, please contact an immigration attorney if you
are deemed a Special Registrant.
Texas Driver’s
License
The Texas Department of Public Safety confirmed that a social security
number is not required to obtain a driver’s license in Texas. An
individual who is legally in the US will be eligible to obtain a drivers
license even if they do not possess a social security number, by presenting
a visa or passport for identification. However, an undocumented person
who is not able to present this documentation remains ineligible for a
driver’s license. Passing the driving exam remains a requirement
of all applicants for driver’s licenses.
Advance Parole
Individuals who wish to travel during the holiday season are reminded
to apply for advance parole (if necessary) as soon as possible. Current
processing for new applications are taking more than 90 days through the
National Benefits Center. Emergency expedited applications are taken at
the Chicago District Office, but are only granted to individuals whose
need for expedited processing is due to the serious illness or death of
immediate family members. Individuals are cautioned to review unlawful
presence prior to application for advance parole.
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. While earlier
versions of this form are valid if received by USCIS on or before December
31, 2003, some attorneys report that they are already being rejected.
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.
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