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Current Issue
US Immigration News Update October 2003 Headlines
INSTRUCTIONS FOR DV-2005 LOTTERY
The Department of State (DOS) has announced instructions for the 2005 Diversity Visa Lottery Program (DV-2005). Applications must be submitted in electronic format, using DOS's internet website at http://travel.state.gov/dv2005.html. Applications must be received between Saturday, November 1, 2003 and Tuesday, December 30, 2003. Paper entries will not be accepted.
DERIVATIVE CITIZENSHIP FOR ILLEGITIMATE CHILDREN
A September 26, 2003 memo from the U.S. Citizenship and Immigration Services (USCIS, formerly INS) explains that children born out of wedlock and not legitimized are eligible for derivative citizenship when the mother becomes a naturalized citizen.
Download the USCIS Memo on Derivative Citizenship for Illegitimte Children:
 Derivative Citizenship memo
PENALTY WAIVER FOR REPORTING FALSE SOCIAL SECURITY NUMBERS
A September 23, 2003 letter from the Internal Revenue Service (IRS) outlines how employers can qualify for a penalty waiver when they have reported incorrect Social Security Numbers (SSN) on employees’ IRS Form W-2, Wage and Tax Statement. Reasonable cause for waiving the $50 penalty exists if the employer documents initial or annual solicitation of correct SSNs.
Download the IRS Penalty Waiver Letter for Employers:
Penalty Waiver Letter - This is a large PDF file. If you do not have high-speed internet access, you will need to right-click on the file and select "Save As" or "Save Target As" to download the file to your computer. It may take several minutes.
MEMO ON WAIVER OF INADMISSIBILITY FOR CRIMINAL CONVICTIONS
The USCIS issued a memo on May 27, 2003 explaining the standards for adjudicating waivers of the criminal grounds of inadmissibility for immigrants under INA Section 212(h), as amended by an interim final rule issued on December 26, 2002. That rule precluded 212(h) waivers in cases involving a violent or dangerous crime, except in extraordinary circumstances.
Download the USCIS Memo on Criminal Waiver:
Criminal Waiver Memo
NEW ELECTRONIC MONITORING SYSTEM FOR LOW RISK NON-VIOLENT OFFENDERS IN REMOVAL PROCEEDINGS
The U.S. Immigration and Customs Enforcement (USICE) instituted a 6-month testing program to use ankle bracelet electronic monitoring devices as an alternative to holding foreign nationals in detention facilities during their removal proceedings. The pilot programs are in Miami, Detroit, and Anchorage, and will include approximately 160 cases.
ESTABLISHMENT OF THE TERRORIST SCREENING CENTER
The Terrorist Screening Center (TSC) combines information from the Department of Homeland Security (DHS), Department of State (DOS), Federal Bureau of Investigation (FBI), and Central Intelligence Agency (CIA) terrorist watchlists and will serve as the primary resource to federal screeners across the country and around the world. The TSC will begin operations on December 1, 2003.
RESTRICTION ON ISSUANCE OF SOCIAL SECURITY NUMBERS TO FOREIGN NATIONALS FOR NON-WORK PURPOSES
The Social Security Administration (SSA) has issued a regulation restricting assignments of Social Security Numbers (SSN) to foreign citizens for non-work purposes by limiting such assignment to situations in which a federal statute or regulation, or a state or local law, requires the alien to have an SSN in order to receive a benefit.
Download the SSA Regulation:
SSA Regulation
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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