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1/6/2009 USCIS Releases Supplemental Q & As on Religious Worker Final Rule (.pdf 60 KB) On 1/5/08 USCIS released supplemental Q & As on the special immigrant and nonimmigrant religious worker visa categories final rule published 11/26/08 (73 FR 72298). AILA Doc. No. 09010663.
1/6/2009 DHS Chief Privacy Officer Defends CBP Following Release of PNR Data Report
In a 12/31/08 piece in the DHS Leadership Journal, Hugo Teufel III, DHS Chief Privacy Officer, defends CBP following the release of the DHS Privacy Office's Passenger Name Record (PNR) Data Report, and criticism regarding CBP's handling of FOIA requests. AILA Doc. No. 09010662.
1/6/2009 USCIS Issues Correction to T & U Visa Interim Final Rule
USCIS published a correction to an interim final rule amending regulations to permit aliens in lawful T or U nonimmigrant status to apply for adjustment of status to lawful permanent resident. (74 FR 395, 1/6/09). AILA Doc. No. 09010561.
1/6/2009 AILA Message Center Archives Available for Purchase
Archives of the old AILA Message Center are now available. The complete archives are available on a flash drive and include 37,898 threads with 95,021 posts in 60 different forums dating from January 2001 to January 2006. A fee is being charged due to the high costs of retrieving the archived data and converting it to a searchable format. AILA Doc. No. 08112163.
1/6/2009 President-Elect Obama on Gov. Richardson’s Withdrawal from Nomination
Statements of President-elect Barack Obama and Governor Bill Richardson following Richardson’s decision to withdraw his name for nomination as the next Secretary of Commerce. AILA Doc. No. 09010661.
1/6/2009 CA9 Rejects Equal Protection Claim by Petitioner with State Pardon for Controlled Substance Conviction
The court denies the petition for review holding the petitioner failed to demonstrate that the absence of a waiver for inadmissible aliens with a state pardon is wholly irrational [so as] to violate equal protection. (Aguilera-Montero v. Mukasey, 12/1/08). AILA Doc. No. 09010660.
1/5/2009 USCIS H-2B Count for the Second Half of Fiscal Year 2009 (Updated 1/5/09)
USCIS recently updated its webpage with the latest figures for the 2nd half, FY 2009, H-2B visa cap. AILA Doc. No. 08112531.
1/5/2009 CA1 Finds Motion is Time Barred, Equitable Tolling Cannot be Justified
The court denies petition for review of in absentia removal order, finding that the motion is time and number barred. Court finds the petitioner failed to demonstrate sufficient due diligence to justify equitable tolling of the motions deadline. (Fustaguio do Nascimento v. Mukasey, 12/1/08). AILA Doc. No. 09010567.
1/5/2009 AILA Board of Governors: Minutes of the December 17, 2008 Teleconference (.pdf 52 KB) AILA Board of Governors: Minutes of the December 17, 2008 Teleconference. AILA Doc. No. 08010551.
1/5/2009 January Podcast Now Available: What's in Store for AILA in 2009
AILA’s latest podcast--“The New Year: What's in Store for AILA in 2009”--highlights hopes for congressional action on comprehensive immigration reform, the latest happenings at AILA National and find out what AILA is doing to support its members during these challenging economic times. This podcast is free for AILA members. AILA Doc. No. 09010566.
1/5/2009 GAO Report on USCIS Background Check Process for LPR Applicants (.pdf 550 KB) This GAO report reviews the USCIS background check process for LPR applicants. GAO recommends USCIS establish a timetable for addressing findings from benefit fraud assessments, as well as, the establishment of procedures that would require verification of certain evidence submitted with petitions. AILA Doc. No. 09010565.
1/5/2009 CBP Practice Alert: Application of US-VISIT to Permanent Residents
The CBP liaison committee practice alert discusses the upcoming expansion of US-VISIT to permanent residents and other aliens. AILA Doc. No. 09010564.
1/5/2009 BIA Reopens Proceedings for Ethiopian Asylum Seeker (.pdf 73 KB) BIA reopens exclusion proceedings and remands to allow the applicant to reapply for asylum and withholding, and to seek CAT relief. BIA found material evidence of changed country conditions demonstrated prima facie eligibility for relief. Unpublished decision courtesy of Geoffrey A. Hoffman and Lacy Brinson of Kurzban Kurzban Weinger & Tetzeli. AILA Doc. No. 09010563.
1/5/2009 ICE Updates List of SEVP Approved Schools (Updated 1/5/09)
On 12/29/08 ICE updated its list of Student and Exchange Visitor Program approved schools. AILA Doc. No. 08100963.
1/5/2009 VSC Practice Pointer: Premium Processing for Blanket L Petitions
The VSC offers a practice pointer on options for filling out and filing a Premium Processed Blanket L Petition. AILA Doc. No. 09010562.
1/5/2009 EOIR Issues Correction to Final Rule on Professional Conduct for Practitioners
EOIR published a correction to a final rule (73 FR 76914, 12/18/08) on professional conduct for practitioners who appear before EOIR. (74 FR 201, 1/5/09). AILA Doc. No. 09010560.
1/5/2009 Jan. 8: Experienced Gained on the Job in the PERM Context: “Substantially Comparable” Positions (Audio)
Registration for this Seminar will be open until 11:59pm eastern time on Wednesday, January 7. You can also visit the AILA Seminar Recording Library for any recent events you may have missed. Downloads and CD ROMs are available for purchase.
1/2/2009 AILA-TSC Liaison Practice Alert: I-824s
The AILA TSC Liaison Committee issues this Practice Alert for cases where an I-824 has been denied before the I-140 or I-485 has been adjudicated. AILA Doc. No. 09010260.
12/31/2008 Teufel Memo on the Framework for Privacy Policy at DHS (.pdf 140 KB) A 12/29/08 memo from Hugo Teufel III, Chief Privacy Officer, DHS, memorializes the Fair Information Practice Principles (FIPPs) as the foundational principles for privacy policy and implementation at DHS. AILA Doc. No. 08123162.
12/31/2008 USCIS Publishes Revised Information Collection on Form G-646
On 12/31/08 USCIS published a revised information collection on Form G-646, Sworn Statement of Refugee Applying for Admission to the United States. Comments are due 1/30/09. (73 FR 80420, 12/31/08). AILA Doc. No. 08123161.
12/31/2008 AILA’s Immigration This Week for December 31, 2008 (.pdf 46 KB) AILA’s Immigration This Week for December 31, 2008. AILA Doc. No. 08123170.
12/31/2008 AILA’s Jan. Calendar: CLE in Aruba; Four Web and Three Audio Seminars
The AILA January event schedule includes the Midyear CLE Conference January 16 in Aruba, as well as four Web Seminars and three Audio Seminars. Registration is open for all events. You can view all upcoming events on AILA’s calendar, with links to details including programs, speakers, and registration. AILA Doc. No. 08123160.
12/31/2008 Jan. 6: ABCs of Immigration Law for Newer Practitioners: General Overview (Web)
Registration for this Seminar will be open until 11:59pm eastern time on Monday, January 5. You can also visit the AILA Seminar Recording Library for any recent events you may have missed. Downloads and CD ROMs are available for purchase.
12/30/2008 Sumary of U Visa Adjustment Regulations
The National Network to End Violence Against Immigrant Women published a summary of U visa adjustment regulations following publication of the USCIS interim final rule (73 FR 75540, 12/12/08) amending regulations to permit aliens in lawful T or U nonimmigrant status to apply for adjustment. AILA Doc. No. 08123069.
12/30/2008 Asylum HQ Liaison Meeting (12/9/08) (.pdf 36 KB) Minutes of the December 9, 2008, Headquarters Asylum Office meeting with NGOs, discussing such topics as credible fear statistics, asylum office workload statistics, Iraqi asylum statistics, pilot program allowing asylum officers to grant asylum at credible fear interview stage, interview delays at select offices, EAD clock, Nunc Pro Tunc and more. AILA Doc. No. 08123068.
12/30/2008 BALCA Upholds Denial, Employer Unable to Substantiate Infeasible to Train Argument (.pdf 106 KB) BALCA concludes that CO properly denied certification of a traditional labor certification application, as the employer did not substantiate his argument that it was infeasible to train a new Manager/Video technician because of a new store opening. Matter of Third Avenue Video Corp., 2008-INA-00059 (9/2/08). AILA Doc. No. 08123067.
12/30/2008 Fact Sheet on Adjustment for Trafficking Victims Awarded T Visas
The National Network to End Violence Against Immigrant Women published a fact sheet to assist attorneys in summarizing the interim final rule on Adjustment of Status for those in T or U nonimmigrant status, issued on 12/12/08, which becomes effective on 1/12/09. AILA Doc. No. 08123066.
12/30/2008 Questions Sought for January 22, 2009 NSC Teleconference on “Student/School” Product Line
The Nebraska Service Center Liaison Committee requests questions for the January 22, 2009 teleconference on the STUDENT/SCHOOL Product Line. AILA Doc. No. 08123065.
12/30/2008 USCIS Ombudsman's Report on Use of E-verify in Arizona (.pdf 192 KB) On December 22, 2008, the USCIS Ombudsman released this report on the use of E-verify in Arizona and recommended customer service enhancements. AILA Doc. No. 08123064.
12/30/2008 USCIS Reports E-filing System Experiencing Difficulties
USCIS reports that the e-filing system may be unavailable at times due to heavy demand. AILA Doc. No. 08123063.
12/30/2008 DHS Final Rule Adds Malta to the Visa Waiver Program
On 12/30/08 DHS published a final rule adding Malta to the list of countries authorized to participate in the Visa Waiver Program. AILA Doc. No. 08123062.
12/30/2008 USCIS Issues Revision of Information Collection on Form I-687
USCIS issued a revised information collection on Form I-687, Application for Status as Temporary Resident under Section 245A of the INA. Comments are due 1/28/09. (73 FR 79500, 12/30/08). AILA Doc. No. 08123061.
12/30/2008 President-Elect Obama Nominates Congresswoman Hilda Solis as Secretary of Labor
On 12/19/08 President-Elect Barack Obama announced the nomination of Congresswoman Hilda Solis of California as Secretary of Labor. AILA Doc. No. 08123060.
12/29/2008 New InfoNet Help FAQ Now Available!
InfoNet now features a new help guide that is written as a series of frequently asked questions. This new FAQ is designed to help users get quicker answers to specific issues they are having with InfoNet. The Help FAQ can be accessed from the "Help" link in the black bar at the top of every InfoNet page. It's your one-stop source for answers to InfoNet problems. AILA Doc. No. 08122961.
12/29/2008 AILA NSC Liaison Committee Practice Tip on Biometrics Appointment Scheduling for Reentry Permit Applications
The AILA NSC liaison committee advises that attorneys may request expedited scheduling of the required biometrics appointment for applicants for reentry permits. AILA Doc. No. 08122960.
12/24/2008 Update from U.S. Consulate at Ciudad Juarez: Delivery of Visas
The U.S. Consulate at Ciudad Juarez has posted new information on delivery of visas to the consulate's website. AILA Doc. No. 08122420.
12/23/2008 ICE Publishes Information Collection on Obligor Change of Address Form
ICE published an information collection on form I-333, Obligor Change of Address. Comments are due 1/22/09. (73 FR 78820, 12/23/08). AILA Doc. No. 08122343.
12/23/2008 USCIS Publishes Notice on Revision to Direct Mail Program for N-400s
USCIS published a notice announcing the revision of its Direct Mail Program so that certain filings of Form N-400, Application for Naturalization, will now be filed at a designated lockbox facility instead of a USCIS Service Center. The notice is effective 1/22/09. (73 FR 78818, 12/23/08). AILA Doc. No. 08122233.
12/23/2008 AILA Applauds Challenge by U.S. Chamber of Commerce to Federal Government’s Attempt to Expand E-Verify Program
The American Immigration Lawyers Association (AILA) applauds the U.S. Chamber of Commerce today in challenging the legality of requiring federal contractors and sub-contractors to use the Department of Homeland Security’s (DHS) E-Verify system. AILA Doc. No. 08122342.
12/23/2008 Chamber of Commerce Sues DHS Over Federal Contractor E-Verify Rule
On December 23, 2008, the US Chamber of Commerce filed a complaint with the U.S. District Court of Maryland, southern District. The suit challenges DHS's recently promulgated rule that requires federal contractors to enroll in E-verify. AILA Doc. No. 08122341.
12/23/2008 December Audio & Web Seminar Recordings Now Available
Recordings of AILA’s December Seminars are now available. Topics covered include new internship regulations; USCIS local office update; advanced mandamus; equivalency issues; waivers; business development; and religious workers final rule. Preview the complete list of AILA’s seminar recordings; purchase and listen at your convenience. AILA Doc. No. 08122339.
12/23/2008 Ciudad Juarez Requires Electronic DS-160 For All Non-immigrant Visa Applicants
Beginning January 20, 2009, all non-immigrant visa applicants, regardless of visa class, with an appointment at the U.S. Consulate General in Ciudad Juarez, Mexico will be required to use the DS-160 electronic NIV application form. AILA Doc. No. 08122338.
12/23/2008 USCIS Revises Direct Mail Program for N-400s (.pdf 242 KB) A 12/23/08 USCIS update announces the revision of the Direct Mail Program for Form N-400. AILA Doc. No. 08122335.
12/23/2008 AILF Responds to New Voluntary Departure Rule (.pdf 225 KB) AILF's Legal Action Center has analyzed EOIR's new voluntary departure rule and concluded that it is a mixed bag. The new regulations, which go into effect on January 20, 2009, address various aspects of voluntary departure, including what happens to voluntary departure when motions to reopen and reconsider and petitions for review are filed. AILA Doc. No. 08122334.
12/23/2008 AILA’s Top Ten Audio & Web Seminars of 2008
AILA’s top ten seminars for 2008 included coverage of E-Verify; paralegals role in labor certification; PERM audits; “cap-gap” relief; EOIR; AC21 memos; SVP/job zones; advanced ability to pay; U.S. Consulate in Juarez; and H-1B cap cases. Recordings of these most popular seminars–as well as all the 2008 offerings–are now available for purchase. AILA Doc. No. 08122332.
12/23/2008 Voluntary Departure Rule Q&A (.pdf 244 KB) This AILF Q&A provides an overview of EOIR’s new regulations on voluntary departure. The new regulations, which go into effect on January 20, 2009, address various aspects of voluntary departure, including what happens to voluntary departure when motions to reopen and reconsider and petitions for review are filed. AILA Doc. No. 08122331.
12/23/2008 Malta to be Designated as New Visa Waiver Program Country (.pdf 216 KB) On 12/22/08 DHS announced that Malta will be designated a Visa Waiver Program country on 12/30/08. AILA Doc. No. 08122330.

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