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November 2001
Current Issue
NEW ANTI-TERRORISM LEGISLATION
On October 26, 2001, President Bush signed into law the "Uniting and strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001" (USA PATRIOT Act). The new law expands the definition of terrorism for purposes of determining a foreign national's admissibility to or removal from the United States. The legislation also provides for the mandatory detention of any foreign national who the Attorney General has reasonable grounds to believe is a terrorist or has committed a terrorist activity.
In addition, the USA PATRIOT Act provides special immigration relief to foreign nationals whose family-or employment-based immigrant petition, fiancé(e) visa, or application for labor certification was revoked or terminated due to the death, disability or loss of employment (due to the physical damage or destruction of the business) of the petitioner, applicant, or beneficiary as a direct result of the terrorist attacks. The relief is also available to the spouses and children of the affected foreign national.
NO CHANGES IN VISA ISSUANCE POLICY
The Department of State, Visa Office has reported that the Department has not made any global policy changes with regard to visa issuance procedures. Following the September 11, 2001 attacks, several U.S. diplomatic missions have instituted temporary procedures, and in some cases temporarily suspended or limited services in response to local security concerns. For more information regarding any temporary procedures at individual Embassies and Consulates, visit the Department of State website at: http://www.state.gov and click on the "U.S. Embassies and Consulates" link.
PROBLEMS AT U.S. EMBASSY IN MOSCOW
The Department of State has advised that due to security problems, the U.S. Embassy in Moscow was forced to abandon one of its buildings, which housed the nonimmigrant visa operation. Consequently, nonimmigrant visas are being accepted and processed at temporary facilities in Moscow. Nonimmigrant interviews have been temporarily suspended and will resume when adequate facilities are available. For more information on the situation, visit the U.S. Embassy, Moscow's website at: http://usembassy.state.gov/moscow and click on the "Visa and Other Consular Information" link.
IMMIGRANT VISA NUMBERS
The Department of State has indicated that they expect priority dates for Employment-Based categories to remain current throughout fiscal year 2002. The only concern would be the Third Preference "Other Workers" category in the event there is a dramatic increase in demand for visa numbers.
The demand for Family-Based visa numbers remains very high and was further exacerbated by the retrogression and unavailability of many family preference categories at the end of fiscal year 2001. Therefore, the Department of State expects little, if any, movement in most family sponsored preference priority dates during the foreseeable future.
FY 2001 H-1B PROCESSING
The Immigration and Naturalization Service (INS) approved 163,200 H-1B petitions against the 195,000 cap for Fiscal Year (FY) 2001. At the end of the fiscal year, there were approximately 29,000 petitions pending that if approved, would be recorded against the FY 2002 cap of 195,000.
NEW NATURALIZATION APPLICATION
The Immigration and Naturalization Service (INS) has revised the Form N-400, Application for Naturalization, bearing a revision date of May 31, 2001. The INS began accepting the new Form N-400 for processing on August 1, 2001. Starting January 1, 2002, only the new edition of the naturalization application will be valid for filing a new application. The INS Service Centers will continue to accept the old 1991 version of the application for processing through December 31, 2001. Any prior editions of the N-400 received by the INS on or after January 1, 2002 will not be receipted, but will be returned along with a blank new form for the applicant to fill-out and submit. The updated naturalization application incorporates recent changes to the naturalization requirements and benefits while making the application more understandable and streamlining the naturalization process.
Download the latest edition of Form N-400, Application for Naturalization:
 Form N-400
Form N-400 Instructions
INS DEVELOPING INTERNET CASE STATUS INQUIRY SYSTEM
The INS is currently developing a system allowing individuals to check their case status on the internet. The information on-line would be the same as those currently available through the automated telephone inquiry system. The INS expects to deploy the first stage of the new system in February 2002.
CURRENT PROCESSING TIME FOR J-1 WAIVERS
Processing times by type of waiver are as follows:
| No Objection |
4-8 weeks |
| Hardship |
3-4 months |
| Persecution |
3-4 months |
| Interested Government Agency |
4-6 weeks |
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.
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© 2001-2008 Law Office of Bobby C. Chung, P.C. All rights reserved.
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