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new DOS INS rules coming thank you USA thank you GODand everything will be good for immigrant spouse

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  • new DOS INS rules coming thank you USA thank you GODand everything will be good for immigrant spouse

    The rule also implements several federal laws on work authorization for the spouses of E and L aliens, making those classifications work authorized incident to status. U nonimmigrant classification. The DOS plans to issue a notice of proposed rulemaking (NPRM) soon that will create a new U nonimmigrant classification for victims of criminal activities.Documentation of spouses and children of U.S. citizens and permanent residents. The DOS plans to issue a final rule providing nonimmigrant status for spouses and children of U.S. citizens who are awaiting approval of immigrant visa petitions.Grounds of ineligibility for nonimmigrants. The DOS plans to issue a final rule soon adding to the grounds of ineligibility for nonimigrnats. The rule will add a new restriction on the place of application for alien overstays.Grounds of inadmissibility. The DOS plans to issue a final rule soon adding exceptions for aliens inadmissible under INA §§ 212(a)(6)(C)(ii), (a)(9)B), and (A)(10)(D).Expanded definition of child. The DOS plans to issue an interim final rule soon amending the INA to determine whether an alien is a child for purposes of classification as an immediate relative, based on the age of the alien on the date the classification petition is field, and for other purposes.

  • #2
    The rule also implements several federal laws on work authorization for the spouses of E and L aliens, making those classifications work authorized incident to status. U nonimmigrant classification. The DOS plans to issue a notice of proposed rulemaking (NPRM) soon that will create a new U nonimmigrant classification for victims of criminal activities.Documentation of spouses and children of U.S. citizens and permanent residents. The DOS plans to issue a final rule providing nonimmigrant status for spouses and children of U.S. citizens who are awaiting approval of immigrant visa petitions.Grounds of ineligibility for nonimmigrants. The DOS plans to issue a final rule soon adding to the grounds of ineligibility for nonimigrnats. The rule will add a new restriction on the place of application for alien overstays.Grounds of inadmissibility. The DOS plans to issue a final rule soon adding exceptions for aliens inadmissible under INA §§ 212(a)(6)(C)(ii), (a)(9)B), and (A)(10)(D).Expanded definition of child. The DOS plans to issue an interim final rule soon amending the INA to determine whether an alien is a child for purposes of classification as an immediate relative, based on the age of the alien on the date the classification petition is field, and for other purposes.

    Comment


    • #3
      WHERE DID YOU GET THAT FROM?

      Comment


      • #4
        Anyone know??

        Comment


        • #5
          INS Rules - Final Stage - Part I
          By Michael Phulwani, Esq.
          Immigration & Naturalization Service intends to publish rules in connection with the following topics in the near future.

          Reduction of the number of acceptable documents and other changes to employment verification requirement. The INS plans to issue a final rule after it finishes analyzing comments received. The INS said that issuance of the final rule was delayed by complex policy and regulatory issues needing resolution and, more generally, by "the post-September 11th environment in which document security is of paramount concern."

          Adjustment of status to permanent residence for conditional residents and fiancé(e)s. The INS plans to issue a final rule soon clarifying that an alien remains ineligible for adjustment of status after termination of conditional permanent resident status. The INS said the clarification is necessary in view of the determination by the Board of Immigration Appeals that the current regulations do not prohibit the adjustment of status of an alien whose conditional resident status has been terminated. The final rule will also modify provisions regulating the adjustment of status of nonimmigrant finacé(e)s to reflect current law and to eliminate hardships on certain persons who are unable, despite their good intensions, to marry after the expiration of the spouse's period of admission as a nonimmigrant fiancé(e).

          Conditions on nonimmigrant status; disclosure of information. The INS places to issue a final rule soon removing the current regulatory language conditioning an alien's nonimmigrant status on his or her providing full and truthful information requested by INS, regardless of materiality. The rule will clarify that the nonimmigrant's stay is condition on, among other things, the provision of "all information deemed necessary to ensure that the alien has acquired, and is maintaining, lawful nonimmigrant status during the entire period of his or her stay," or is eligible to receive any other benefit under the Immigration & Nationality Act.

          Affidavits of Support. The INS plans to issue a final rule in April 2003 establishing that a sponsor filing an Affidavit of Support on behalf of an intending immigrant incurs an obligation that may be enforced by a civil action. The rule also specifies the requirements that agencies or private entities must meet to request reimbursement from the sponsor for provision of means-tested public benefits, and provides procedures for imposing a civil penalty if the sponsor fails to give notice of a change of address.

          Limiting employer liability for technical and procedural violations of paperwork requirements. The INS plans to issue a final rule under the Illegal Immigration Reform and Immigration Responsibility Act of 1996, which allows employers that have made a good faith attempt to comply with a particular employment verification requirement to correct technical or procedural failures to meet the requirement before such failures are deemed violations. The final rule will explain the good faith rule, define the term "technical or procedural failure," and explain how an employer can correct such failures.

          Amendment of the regulatory definition of arriving alien. The INS plans to issue a final rule in April 2003 clarifying that alien who were paroled into the U.S. before April 1997, as well as certain other aliens who have been paroled into the U.S. pursuant to advance parole, will not be subjected to expedited removal upon termination of parole.

          Adjustment of status, continued validity of nonimmigrant status, and unexpired employment authorization for applicants maintaining nonimmigrant H or L status. An interim final rule codified existing INS policy statements for incorporating them into the regulations, and eliminated the requirement for INS permission for overseas travel for adjustment applicants maintaining H- 1 or L nonimmigrant status. The INS plans to issue a final rule in response to comments.

          Revoking naturalizations. The INS plans to issue a final rule in April 2003 changing the burden of proof the INS must satisfy in order to revoke administratively a grant of naturalization, and clarifying the 180-day period for the rendering of the district director's decision. The rule provides that the INS will initiate revocation proceedings only based on clear, unequivocal, and convincing evidence and that the burden of proof remains with the INS throughout the administrative process.

          National interest waivers for second preference employment-based physicians serving in medically undeserved areas at the Department of Veterans Affairs facilities. The INS plans to issue a final rule in May 2003 implementing provisions providing national interest waivers to alien physicians agreeing to practice five years in designated medically undeserved areas or at Veterans Affairs facilities.

          Petitioning requirements for H-1C nurses. The INS plans to issue a final rule soon to facilitate the hiring of alien registered nurses to reduce the shortage of nurses in certain areas of the U.S. "while protecting the rights of the U.S. nurses"

          Employment authorization for certificate of citizenship application. The INS plans to issue an interim final rule that will provide a procedure under which aliens who, believing they are U.S. citizens, have filed applications for certificates of citizenship (Forms N-600) may obtain employment authorization while their applications are pending.

          Adjustment of status to permanent residence; temporary removal of certain restrictions of eligibility. The INS plans to issue a final rule soon that will change the sunset date of INS § 245(i) to the new date of April 30, 2001, as required by the Legal Immigration Family Equity Act of 2000, for filing of qualifying petitions or applications that enable the applicant to apply to adjust status using § 245(i). The rule also clarifies the effect of the new sunset date on eligibility. This means that in order to preserve the ability to apply for adjustment under § 245(i), an alien must be the beneficiary of a visa petition for classification under INA § 204 or an application for labor certification properly filed on or before April 30, 2001, and determined to have approval when filed.

          The rule also provides guidance on the standard for review of filing for immigrant visa petitions and applications for labor certification on or before April 30, 2001.

          Concurrent filings of I-140 visa petitions with I-485 applications in certain circumstances. The INS plans to issue a final rule in April 2003 allowing the Application to Register Permanent Residence or Adjust Status (Form I-485) to be filed concurrently with the Immigrant Petition for Alien Worker (I-140) when a visa is available immediately. The rule also allows alien workers to apply for employment authorization and advance parole while the I-485 is pending.

          Premium processing for employment-based petitions and applications. The INS plans to issue a final rule soon to establish premium processing service for certain employment-based petitions and applications. If an individual pays a fee for premium processing service, the INS will process the petition or application in 15 days.

          ...to be continued

          Comment


          • #6
            matt29,
            Is this good news for spouses of USC who entered on crewmember visa and as of now are ineligible to adjust status?
            It is not exactly clear for me so please anybody who knows reply!!!!
            Thank you

            Comment


            • #7
              INS Rules - Final Stage - Part II By Michael Phulwani, Esq. This is a second and last part of the series of two articles pertaining to final rules to be published by INS over a period of time.V nonimmigrant classification for spouses and children of permanent residents. The INS plans to issue a final rule setting forth eligibility criteria and procedures for obtaining the V nonimmigrant classification and related employment authorization.K nonimmigrant classification under LIFE. The INS plans a final rule in April 2003 establishing the K nonimmigrant classification, for the spouses and children of U.S. citizens who have pending immigrant visa applications in the INS's regulations, including creating filing, adjudication, and adjustment of status procedure.T nonimmigrant status for victims of severe forms of trafficking. The INS plans to issue a final rule in June 2003 setting forth application requirements for the new T nonimmigrant classification, which was created by the Victims of Trafficking and Violence Protection Act of 2000 for eligible victims of severe forms of trafficking in person who aid the government with their cases against the traffickers, and who can establish that they would suffer "extreme hardship involving unusual and severe harm" if they were removed from the U.S. after having completed their assistance to law enforcement. The INS noted that there is a statutory cap of 5,000 per year for T nonimmigrant status (principals), and that certain family members can derive T status through the principal's application. The Department of State (DOS) plans to issue a related interim final rule shortly.Detention of aliens subject to final orders or removal. The INS plans to issue a final rule amending the custody review process governing the detention of aliens who are the subject of a final order of removal, deportation, or exclusion in light of Zadvydas v. Davis. The rule adds new provisions governing cases for the INS to determine whether there is a significant likelihood that an alien will be removed from the U.S. in the reasonably foreseeable future, and cases where there are special circumstances justifying the continued detention of certain aliens. The rule also makes conforming changes to the existing postremoval period detention regulations, and provides procedures to implement the statutory provision for the extension of the removal period beyond 90 days if the alien conspires or acts to prevent his or her removal or fails or refuses to assist the INS in obtaining documents necessary for his or her removal. Custody procedures. The INS plans a final rule amending INS regulations on the period of time after an alien's arrest within which the INS must make a determination of whether the alien will be continued in custody or released on bond or recognizance, and whether to issue a notice to appear and warrant of arrest. The rule provides that, unless voluntary departure has been granted, the INS must make such determinations within 48 hours of arrest, except in the event of emergency or other extraordinary circumstance, in which case the INS must make such determinations "within an additional reasonable period of time."Documentary requirements for certain temporary residents. The INS plans to issue a final rule soon adding a document to the list of documents that may be presented by certain temporary residents in lieu of an immigrant visa. The rule will allow the Notice of Action (Form I-797), issued to certain aliens who have adjusted to temporary resident status, ot be used as an entry document at a port of entry. Registration requirements and work authorization eligibility for aliens in the U.S. The INS plans to issue an interim final rule broadening the rule that permits the presentation of specified documents to satisfy the employment eligibility verification requirements for a temporary period. The rule also broadens the acceptable documentation available to establish that an asylee, or an alien who has applied for asylum, has complied with the requirement to be registered with the INS. Further, the rule clarifies the employment authorization regulations by specifying that certain classes of alien who have work authorization incident to status are not required to apply for, or obtain, an employment authorization documents, but are permitted to do so if they wish to have an INS-issued secure photo identity document.The rule also implements several federal laws on work authorization for the spouses of E and L aliens, making those classifications work authorized incident to status. U nonimmigrant classification. The DOS plans to issue a notice of proposed rulemaking (NPRM) soon that will create a new U nonimmigrant classification for victims of criminal activities.Documentation of spouses and children of U.S. citizens and permanent residents. The DOS plans to issue a final rule providing nonimmigrant status for spouses and children of U.S. citizens who are awaiting approval of immigrant visa petitions.Grounds of ineligibility for nonimmigrants. The DOS plans to issue a final rule soon adding to the grounds of ineligibility for nonimigrnats. The rule will add a new restriction on the place of application for alien overstays.Grounds of inadmissibility. The DOS plans to issue a final rule soon adding exceptions for aliens inadmissible under INA §§ 212(a)(6)(C)(ii), (a)(9)B), and (A)(10)(D).Expanded definition of child. The DOS plans to issue an interim final rule soon amending the INA to determine whether an alien is a child for purposes of classification as an immediate relative, based on the age of the alien on the date the classification petition is field, and for other purposes.Labor condition applications and requirements for employers using H-1B nonimmigrant in specialty occupations and as models. The DOL's Employment and Training Administration administers the labor condition application process; the DOL's Wage and Hour Division (WHD), a component of ESA, handles complaints and investigations regarding such applications. The WHD has removed the H-1B final rule from the regulatory plan as a part of the ongoing review of nonimmigrant employment programs in the light of the terrorist attacks on the U.S. on September 11, 2001. The H-1B interim final rule currently in effect provides sufficient guidance to the regulated community until the reanalysis is completed, the ESA said, adding that the H-1B final rule will remain on the regulatory agenda (currently scheduled for September 2003).SAFE FOR AMERICA ACT 2003 In February 2003, the Security and Fairness Enhancement, or SAFE, for America Act of 2003 was introduced in the House by Mr. Goodlattte. The gist of the speech is reproduced hereinbelow: "This much-needed bipartisan legislations eliminates the controversial immigration program, the visa lottery program, which threatens national security, resulting in the unfair administration of our Nation's immigration laws, and encouraging a cottage industry for fraudulent opportunists. Each year, approximately 50,000 aliens are chosen at random to come and live permanently in the United States via the visa lottery program. This program presents a serious national security threat.Under the program, each successful applicant is chosen at random and given the status of permanent resident based on pure luck. A perfect example of the system gone awry is the case of Hesham Mohammed Ali Hedayet, the Egyptian national who killed two and wounded three during a shooting spree at Los Angeles International Airport in July of last year. He was allowed to apply for lawful permanent resident status in 1997 because of his wife's status as a visa lottery winner. Usually, immigrant visas are issued to foreign nationals that have existing connection with family members lawfully residing in the United States or with U.S. employers. These types of relationships help ensure that immigrants entering our country have a stake in continuing America's success and have needed skills to contribute to our Nation's economy. However, under the visa lottery program, visas are awarded to immigrants at random without meeting such criteria.In addition, the visa lottery program is unfair to immigrants who comply with the United States immigration laws. The visa lottery program does not prohibit illegal aliens from applying to receive visas through the program. Thus, the program treats foreign nationals that comply with our laws the same as those that blatantly violate our laws.In addition, most family- or employer-sponsored immigrants currently face a wait fo years to obtain visas. Yet the lottery program pushes 50,000 random immigrants with no particular family ties, job skills or education ahead of these family- or employer-sponsored immigrants each year with relatively no wait. This sends the wrong message to those who wish to enter our great country and to the international community as a whole.Furthermore, the visa lottery program is wrought with fraud. A recent report released by the Center for Immigration Studies states that it is commonplace for foreign nationals to apply for visa lottery program multiple times using different aliases and other false personal information. In addition, the visa lottery program has spawned a cottage industry featuring sponsors in the U.S. who falsely promise success to applicants in exchange for large sums of money. Ill-informed foreign nationals are willing to pay top dollar for the 'guarantee' of lawful permanent resident status in the United States.The visa lottery program represents what is wrong with our country's current immigration system. The SAFE for America Act eliminates that visa lottery program from the Immigration & Nationality Act.The removal of this controversial program will help ensure our Nation's security, make the administration of our immigration laws more consistent and fair, and help reduce immigration fraud."

              Comment


              • #8
                thank you for this information..
                but this is an old information though .it's all about 2003.
                anything new for the upcoming year ???

                Thanks

                Comment

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