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A QUARTERLY UPDATE ON IMMIGRATION LAW FROM MEYNER AND LANDIS LLP In this Issue: Eligible Honduras & Nicaraguans must Re-Register for TPS Revision to Visas Mantis Clearance Procedure AILA Enunciates Concerns with New U.S. Visit ntry-Exit System Electronic Filing (E-Filing) Frequently Asked Questions BCIS Reminds Eligible Hondurans and Nicaraguans to Re-register For Temporary Protected Status (TPS) and Employment Authorization Document (EAD) Extension The Bureau of Citizenship and Immigration Services (BCIS) has reminded those eligible Hondurans and Nicaraguans to immediately re-register for Temporary Protected Status (TPS) to maintain TPS and employment authorization for the 18-month period beginning on July 5, 2003 and ending on January 5, 2005. BCIS Service Centers must physically receive all completed re-registration applications for TPS by close of business on July 7, 2003. Therefore, applications should be mailed well in advance of July 7, 2003. This re-registration is necessary even though BCIS published a notice in the Federal Register on May 5, 2003 to automatically extend the Employment Authorization Document (EAD) validity period from July 5, 2003 to December 5, 2003. The automatic EAD extension is designed only to prevent gaps in employment authorization while re-registration applications are processed, but it does not relieve TPS beneficiaries of the responsibility to timely re-register for TPS benefits. On April 30, 2003 BCIS announced an 18-month extension of the designation of Honduras and Nicaragua for TPS until January 5, 2005. The TPS extension notice was published in the Federal Register on May 5, 2003. This extension of TPS covers an estimated 87,000 Hondurans and 6,000 Nicaraguans who have already applied for TPS. To re-register for the extension until January 5, 2005, a TPS applicant must submit Form I-821 Application for Temporary Protected Status and Form I-765 (Application for Employment Authorization), as well as two identification photographs (1 1/2" x 1 1/2"). Both forms must be submitted for re-registration. If the applicant is only seeking to re-register for TPS and not seeking an EAD extension, there is no filing fee. However, all applicants seeking an extension of employment authorization until January 5, 2005 must submit a $120 filing fee with Form I-765 (Application for Employment Authorization). The applicant may request a fee waiver in accordance with the regulations. Applicants for an extension of TPS benefits do not need to submit new fingerprints and therefore do not need to submit a $50 fee for fingerprinting. Children beneficiaries of TPS who have reached the age of fourteen but were not previously fingerprinted must pay the $50 fingerprint fee with the application for extension. TPS applications submitted without the required fee, signature, and photos will be rejected. Forms can be ordered from the toll free BCIS National Customer Service Center at 1-800-870-3676, or from the BCIS web site: www.bcis.gov. Registrants who have been granted TPS and who need to travel outside the United States before January 5, 2005, must receive advance parole from their local BCIS office or sub-office or a BCIS Service Center with jurisdiction over their place of residence, prior to departing the United States. Failure to do so may jeopardize their ability to return to the United States. Advance parole allows an individual to travel abroad and return to the United States. Advance parole is issued on a case-by-case basis. For further information, please call the National Customer Service Center at 1-800-375-5283 or visit the BCIS web site: www.bcis.gov. Revision To Visas Mantis Clearance Procedure
AILA Enunciates Concerns With New U.S. Visit Entry-Exit System A May 19 announcement by Asa Hutchinson, Under Secretary of the Border and Transportation Directorate of the Department of Homeland Security (DHS), highlights new details about the United States Visitor and Immigrant Status Indicator Technology program (U.S. VISIT), the new automated entry/exit system which will be implemented at our nation’s borders. The overall plan of U.S. VISIT calls for the collection of personal data, photos, fingerprints at U.S. consular offices abroad, as well as broad database and information sharing. “Having complete and correct information will make the difference between having a workable secure system or a discredited inefficient one. The American Immigration Lawyers Association (AILA) encourages DHS to make this objective a top priority,” said Jeanne Butterfield, Executive Director of AILA. However, AILA is deeply concerned about U.S. VISIT’s implementation. “We need to learn from our mistakes, said Butterfield. “In the past, Congress gave the Immigration and Naturalization Service (INS) difficult mandates, inadequate funding, and insufficient time to get the job done. On its part, the USCIS developed programs that did not take into account the realities of the problems they were facing. Such deficiencies are evident here, given both Congressional actions and the implementation plan that DHS has developed,” continued Butterfield. What are these concerns? “AILA believes that the timeframe Congress has set for the establishment of US VISIT is overly ambitious and is likely to result in a deeply flawed system,” said Butterfield. Congress has mandated three deadlines which the Department of Homeland Security (DHS) must meet: By the end of 2003, DHS must install U.S. VISIT at America’s airports and seaports. By December 30, 2004, U.S. VISIT must be installed at the top 50 high traffic land border ports, and by December 31, 2005 all other ports of entry must be operational. While having a program in place is desirable, having a functional and reliable program is necessary. “There are bound to be serious errors that could affect innocent visitors to the United States,” continued Butterfield. For example, if a non-immigrant visitor to the United States needs to remain past the period of his or her visa, applies for an extension, that extension will be recorded in another database separate from the U.S. VISIT system. It is improbable that data from this separate system will be integrated into U.S. VISIT by the time it is deployed. Thus, this visitor might be detained for an overstay of a visa when in reality, he or she had maintained his or her visa status. AILA also is concerned about how the biometric data is being collected. Taking fingerprints and photos at the port of entry will triple or quadruple the interview time that is currently in place at ports of entry, resulting in serious delays in DHS’ ability to clear incoming flights. “Such delays would undermine the entire effort to maintain an efficient border, and efficiency is a vital component in increasing security. Issues concerning the accuracy of the data in the database raise some flags as well,” continued Butterfield. Finally, AILA is concerned about the low level of funding, with $380 million being appropriated in FY 03. “Such a low level of funding,” noted Butterfield, “is grossly inadequate to even begin to create an effective entry-exit system. Our government needs to commit sufficient resources so that we are able to enhance our security while allowing for the continued flow of people that is essential to our economic well-being.” “Congress and the Administration have taken many steps to reform our immigration function,” continued Butterfield. Immigration is now part of the Department of Homeland Security, and much attention is being paid to re-vamp our enforcement and security. AILA believes that we also need to take steps to ensure that our immigration laws make sense. “It is common knowledge that our immigration system is out of whack with reality,” said Butterfield. “No one is satisfied with the status quo: It does not measure up to our security needs, our economic needs, or our need to reunite close family members. It’s time to reform our immigration laws to facilitate the flow of people and allow our government to focus on those who mean to do us harm, not those who are filling our labor market needs or reuniting with their families,” said Butterfield. “Immigration reform is a vital component of enhancing our national security. Such reform involves legalizing hard-working immigrants, creating legal avenues for reuniting families and bringing in workers so American business have the workers needed to grow and prosper. Such reforms make sense for our nation, our economy, and our security.” Electronic Filing (E-Filing) Frequently Asked Questions Q. What is electronic filing (e-filing)? A. Electronic filing, or e-filing, is the filing of an electronic document on a website via the Internet. The BCIS website currently provides two types of on-line applications that may be completed and submitted through the website: www.bcis.gov. Q. Who is eligible to participate in e-filing? A. Currently, Form I-90, Application to Replace Permanent Resident Card, and Form I-765, Application for Employment Authorization, can be e-filed. Thousands of applicants will be eligible to take advantage of this new process. It is estimated that 750,000 people file Form I-90 each year to renew or replace their “green card”. It is also estimated that 1.75 million people file for Employment Authorization, Form I-765, each year. These applications make up approximately 30% of our workload. However, some applicants will not have the option of filing electronically. Details are provided in each form’s E-filing Instructions and Eligibility Information, which are accessible at www.bcis.gov. For individuals who cannot e-file, or for those who choose not to e-file, the BCIS will continue to accept paper applications. Q. Will other forms be available for e-filing? A. The BCIS is already working on six other forms that should be ready for e-filing in the future.
Additional, high-volume forms will be added in the future. Q. If I already filed a Form I-90 or Form I-765 before the Immigration and Naturalization Service (INS) transitioned to the BCIS, do I have to submit another form? A. No. Any form you previously filed with the USCIS is acceptable and you do not have to file another form now that the USCIS has transitioned to the BCIS. Furthermore, the eligibility criteria for all immigration benefits remain unaffected by the transition. Q. How do applicants pay the fee associated with these two forms? A. Customers will now be able to pay the fees associated with these applications online through the electronic transfer of U.S. funds from their checking or savings accounts. At this time customers cannot pay application fees with a credit card. The BCIS plans to start accepting credit card payments later this year. Q. What is the Confirmation Receipt notice? A. After electronic filing is complete, the applicant receives electronic confirmation that the application was received. This notice is titled “Confirmation Receipt.” The Confirmation Receipt notice provides a unique Receipt Number for the application filed. The Confirmation Receipt notice does not mean that the application was approved, but it does provide proof that the application was filed. A paper receipt, Form I-797, will be mailed to the applicant after filing. It will contain essentially the same information, including the same Receipt Number. This Receipt Number can be used to check the status of their pending case using the Case Status Service Online system found at www.bcis.gov. Q. How do applicants provide supporting documents or evidence required by BCIS to adjudicate their application? A. After electronic submission, applicants are instructed to send supporting documentation or evidence to the address listed on the Confirmation Receipt notice. Applicants should attach a copy of the Confirmation Receipt notice to the documents to help BCIS match them to the e-filed application. Q. How does BCIS verify the identity of applicants if a form is filed electronically? A. After e-filing, the applicant must make an appointment to visit an Application Support Center (ASC) by calling the National Customer Service Center at 1-800-375-5283. Applicants who filed Form I-90 should bring a copy of their application and their Confirmation Receipt notice to their appointment. The ASC will keep the copy of the application. We encourage applicants to make an additional copy for their own records. Applicants who filed Form I-765 need only bring a copy of their Confirmation Receipt notice. At the ASC, the BCIS will confirm the applicant’s identity and electronically capture a photograph, fingerprints, and a signature. The BCIS will use these biometrics to produce the Employment Authorization Document or Permanent Resident Card, if the application is approved. Q. How can an applicant get help with e-filing? A. We recommend that customers first check the BCIS web site (www.bcis.gov) and review the list of Frequently Asked Questions on e-filing. If a customer cannot find the information he/she needs, the customer can call the National Customer Service Center toll-free at 1-800-375-5283 for information. Q. What happens if I move? A. You must submit Form AR-11, Change of Address Form, to the appropriate address listed on the form. Form AR-11 can be obtained through the website or by calling the Customer Service Center toll-free at 1-800-375-5283. Effective 5/29/03, BCIS is accepting certain I-90 and I-765 filings electronically. The BCIS website explains the process, and indicates who is and is not eligible to file electronically. Portions of this newsletter have been reprinted with permission from AILA The material contained in this newsletter is for informational purposes and should not be considered legal advice. |
The immigration law practice of Meyner and Landis LLP provides a full scope of immigration law services. This includes representation of large and small businesses seeking to recruit and retain foreign nationals to meet staffing goals; foreign nationals seeking work or trader or investor opportunities or wanting to achieve family reunification; and foreign nationals in deportation proceedings, including those who face removal from the U.S. due to criminal convictions.
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