Editor's Comments of the Day
As announced at a press conference last Friday, the INS has published an interim rule effective immediately clarifying some issues surrounding 245(i). The rule adds a new set of definitions to 8 CFR 245.10. The definition of "grandfathered" at 8 CFR 245.10 (a)(1)(i) specifies that the spouse or child of an alien beneficiary of a properly filed immigrant visa petition or labor certification application is also eligible. The commentary explains that "a dependent spouse or child (if eligible under section 203(d) of the Act (8 USC 1153(d)) who is accompanying or following to join a grandfathered alien is also considered to be grandfathered by the qualifying petition or qualifying application for labor certification, if the relationship exists before the principal alien adjusts his or her status." An unmarried alien, even if in status and not in need of 245(i), who may become the beneficiary of an immigrant visa petition or labor certification might want to make sure the April 30, 2001, deadline is met. 245(i) may be needed for a future spouse who happens to be out of status.
The regulation defines "approvable when filed" to mean, "the qualifying petition or application was properly filed, meritorious in fact, and non frivolous ("frivolous" being defined herein as patently without substance)." A visa petition that was approvable when filed, but is later withdrawn, denied or revoked due to circumstances that arise after the time of filing will still grandfather the alien.
For visa petitions or labor certification applications filed after January 14, 1998, the alien must establish physical presence in the US on December 21, 2000, to be eligible for 245(i). The rule provides guidance on what the INS will accept as evidence. Examples of INS documents include copies of an I-94, and I-862 Notice of Appear, an I-222 Notice of Exclusion Hearing, I-221 Order to Show Cause, or an application for an immigration benefit establishing that the alien's presence. Other government issued documents include a driver's license, state identification case, a county or municipal hospital record, public school or public college transcript, income tax records or other certified governmental records created before December 21, 2000. Non-governmental documentation includes school records, rental receipts, utility bill receipts, other dated receipts, personal checks written by the alien bearing a bank cancellation stamp, employment records including pay stubs, and credit card statements. Personal affidavits will not be accepted without requiring an personal interview or additional evidence to validate them. If there is any doubt, INS and EOIR records will have preference over records of other agencies. Save those records!
Tip of the Day
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ILW.COM Featured Article of the Day
Becoming a United States Citizen
INSGreenCard offers several reasons for becoming a US citizen, and one important reason not to.
Federal Register News of the Day
Interim Rule on 245(i)
The DOJ has issued an interim rule amending its regulations governing eligibility for adjustment of status under
section 245(i) in order to conform the regulations to existing policy and procedures and to remove language that has been superseded
by subsequent legislation. This rule is effective March 26, 2001, and comments on the rule must be submitted on or before May 25, 2001.
Comment Request on Using Form I-129F for New K Visa
The INS is requesting emergency review for a revised information collection to allow Form I-129F, Petition for Alien Fiance, to be used for the new K-3 and K-4 visas for spouses of US citizens and their dependents. Comments will be accepted until May 25, 2001.
Cases of the Day
Commerce Nexus Not Required for Aggravated Felony
In US v. Castillo-Rivera, No. 00-50046 (9th Cir. Mar. 26, 2001), the court found that for sentencing purposes a state conviction for being a felon in possession of a firearm does not need to include a federal commerce nexus as one of its elements to qualify as an aggravated felony.
Congressional News of the Day
Committee on the Judiciary to Hear Procedures for Private Immigration Bills and Claims
On Wednesday, March 28, 2001, the Full Committee on the Judiciary is scheduled to hear the adoption of Subcommittee Rules of Procedure for Private Immigration Bills and Private Claims Bills and to mark up H.R. 392, a bill for the relief of Nancy B. Wilson.
Immigration News of the Day
5 Arrested in Alleged Holding of 61 Illegal Immigrants for Ransom
The Los Angeles Times reports that five alleged smugglers were arrested on suspicion of kidnapping 61 allegedly undocumented immigrants after police and immigration officials were alerted to a South Los Angeles home. The immigrants had been brought to the house and were being held there until relatives or friends could post a $1,200 ransom.
Classifieds of the Day
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HELP WANTED: CORPORATE IMMIGRATION PARALEGALS
Fragomen, Del Rey, Bernsen & Loewy, is the largest law firm in the country practicing exclusively in the area of immigration and nationality law. In order meet the demands of our growing business, the firm is actively recruiting for experienced paralegals in its NEW YORK, NEW JERSEY, STAMFORD and CHICAGO offices. The ideal candidate has business immigration experience or a human resources background dealing with immigration issues. Must have excellent verbal and written communication skills and be able to perform multiple tasks in a fast-paced environment. The firm offers superior salaries and exceptional growth opportunities. Please submit cover letter and resume to Anne-Rose van den Bossche, Esq., Fragomen, Del Rey, Bernsen, & Loewy, 515 Madison Ave, New York, NY 10022 or fax 212-223-875
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