US Immigration News Update

TEL: (626) 279-5341
FAX: (626) 279-5613

**E2 Investor Visa** Resource Center

January 2002

Current Issue

UPDATE ON BORDER PROCESSING FOR THIRD COUNTRY NATIONALS

On December 3, 2001, the U.S. consular posts in Mexico and Canada began accepting visa appointments again from third country nationals (TCN).

Previously, the Department of State temporarily suspended processing of visa applications from TCN who were not residents in the consular districts of the border posts in Mexico and Canada due to imposition of new security measures post September 11 terrorist attacks.

Now, TCN processing has been restored with one significant change. Men between the ages of 16 to 45, who are nationals of certain countries, are subject to a 20-day security check wait. This new 20-day check applies to the following countries: Afghanistan, Algeria, Bahrain, Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, the United Arab Emirates, and Yemen.

Please note that this list of countries could change and should be verified before relied upon.

The U.S. border posts in Mexico and Canada are not being used to process visa applications from persons subject to the Special Processing Requirement (20-day check). Those who are subject and can apply for revalidation with the Department of State, Visa Office still have that option. Otherwise, they must apply at another U.S. consular post not in Canada or Mexico.

MISSING APPLICATIONS IN DEPARTMENT OF STATE VISA OFFICE

Visa applications submitted to the Department of State, Visa Office for revalidation may be affected by the anthrax/quarantine situation.

The following is the text of an e-mail that has been sent from the State Department to consular posts:

"Approximately 300 foreign passports and applications sent to CA/VO/P/D for revalidations of E, H, I, L, O, and P visas were sequestered from State Department mailrooms, along with other mail, decontamination after anthrax incidents at the end of October. When these passports and applications will be returned to P/D is not known. In order to assist applicants, P/D has been issuing form letters explaining the situation so that they can obtain travel documents from their embassies and consulates for holiday/emergency travel, and has advised them to apply for visas to reenter the U.S. at our overseas posts. Posts should be aware that in many of these cases, applicants' original documents, such as I-94's and I-797's, were included with their applications and may therefore be unavailable to them. Many will not have had time to obtain new documents from INS and may only be able to present copies in support of their applications."

DESIGNATION OF 39 ORGANIZATIONS ON THE USA PATRIOT ACT'S "TERRORIST EXCLUSION LIST"

On December 5, 2001, the Department of State (DOS), designated 39 groups as Terrorist Exclusion List (TEL) organizations under section 212 of the Immigration and Nationality Act, as amended by the new USA PATRIOT Act. By designating these organizations as terrorist groups, the DOS has the ability to exclude members or supporters of these groups from the United States or to deport them if they are found within United States borders.

Click here for the list of designated terrorist organizations.

"V" VISA ISSUANCE TO UNAPPROVED I-130 BENEFICIARIES

The Department of State announced that some 90,000 names of unapproved I-130 petition beneficiaries that may be eligible for the V visa have been added to its database. The Legal Immigration Family Equity Act (LIFE Act) created the nonimmigrant "V" visa category to allow spouses and minor children of Legal Permanent Residents to enter the U.S. to live and work legally in the U.S. while waiting for immigrant status, even if their visa petition has not yet been approved by the INS.

SPOUSAL WORK AUTHORIZATION BILL PASSED BY SENATE

On December 20, 2001, the U.S. Senate passed legislation granting work authorization to spouses of E (Treaty Traders & Investors) and L (Intra-company Transferee) visas. The President is expected to sign this measure into law shortly.

NEW INS FEES TO GO INTO EFFECT ON FEBRUARY 19, 2002

Immigration applications or petitions "mailed, postmarked, or otherwise filed" on or after February 19, 2002, require the new fee.

Click here for the new INS fees.

NEW REQUIREMENTS FOR INDIAN VISA APPLICANTS

The United States Consulate General in India, in a new security notice, is requiring Immigrant Visa applicants over 16 years old to submit Indian police certificates. Two certificates must be obtained as follows: 1) a certificate from your local police station; 2) a certificate from your Regional Passport Office. Immigrant Visa applicants have also been advised to bring I-864s, Affidavit of Support and all requested documents on the FIRST visit.

ONLY NEW I-140 ACCEPTABLE ON OR AFTER JANUARY 1, 2002

As of January 1, 2002, the only version of the I-140, Immigrant Petition for Alien Worker that any INS office will accept is the one that bears a revision date of 8-30-01. The INS will accept earlier versions of the I-140 (dated 9-26-00) only until December 31, 2001 (meaning that the INS must have received the I-140 in its mailroom no later than 12-31-01).

Download the latest edition of Form I-140, Immigrant Petition for Alien Worker:

Form I-140

ADJUSTMENT APPLICANTS NO LONGER NEED TO FILE IRS FORM 9003

The Immigration and Naturalization Service announced in a September 21, 2001 memorandum that it will immediately discontinue distribution, use, and collection of Internal Revenue Service Form 9003 with the adjustment application packet (Form I-485).

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.