This February 4, 2008, USCIS Michael Aytes memorandum modifies existing guidance regarding background and security checks on applicants, petitioners, and beneficiaries seeking certain immigration benefits

Section 245(i) provision of the LIFE Act: Section 245(i) allows certain persons, who have an immigrant visa immediately available but entered without inspection or otherwise violated their status and thus are ineligible to apply for adjustment of status in the United States, to apply if they pay a $1,000 penalty.

May 23, 2005. Section 101(g) of the REAL ID Act of 2005, Pub. L. 109-13, 119 Stat. 231, amends section 209 of the Immigration and Nationality Act to eliminate the yearly cap on asylee adjustments. That means that there is no longer a limit to the number of asylees who can become lawful permanent residents (LPRs) in any year. This is great news for most asylees.

Child Status Protection Act: On 8/6/2002, president Bush signed the law, which changed the way to determine the age of an alien for considering if he is qualified for certain preferences ... Click to find out more about the Child Status Protection Act.

Interpretation of "Period of Stay Authorized by the Attorney General" in determining "unlawful presence" under INA section 212(a)(9)(B)(ii).

Ninth Circuit Says §245(i) AOS Trumps Inadmissibility under INA §212(a)(9)(C)(i)(I) in Acosta v. Gonzales.

1/9/2006. Atlanta DOL PERM Processing Center Clarification of Prevailing Wage Validity.

Adjustment of Status for certain aliens from Vietnam, Laos and Cambodia, who were paroled into the U.S. prior to 10/1/1997. Please also see a fact sheet provided by the US Department of Homeland Security (March 11, .2003) and an official announcement from USCIS.

H-1C visa. Memo on 12/26/2006 — Reauthorization of H-1C, nurse visa program.

Periods of Admission: 12/5/06 Memo from Michael Aytes, USCIS Associate Director, Domestic Operations, regarding periods of admission for H-4s or L-2s and applicants for H-1B status beyond the six-year maximum, as well as the maximum period of admission for H-1Bs who have been out of the U.S. for more than 1 year, but were not in H-1B status for a full 6 years.

May 16, 2005. USCIS announced a New Policy that USCIS will now approve extension of status application for children of lawful permanent residents who are 21 years old or older with V-2 or V-3 status.

8/11/03. Two new nonimmigrant visa classifications of M3 and F3.

3/3/00. No Unlawful Presence while EOS/COS pending. Three memos, March 3, 2000, March 27, 2003 and  April 2, 2003.

03/05/2011. USCIS announced this week that it had received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2009 before the five day filing period ended on Monday, April 7. USCIS also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the "advanced degree" exemption. Before running the random selection process, USCIS will complete initial data entry for all filings received. Due to the high number of petitions, USCIS is not yet able to announce the precise day on which it will conduct the random selection process.

On 1/23/07, DHS announced that citizens of the United States, Canada, Mexico, and Bermuda are now required to present a passport to enter the United States when arriving by air from any part of the Western Hemisphere.

2008 Diversity Visa (DV) Lottery program. Applications for the 2008 DV Lottery will be accepted between October 4, 2006 and December 3, 2006.

6/15/05: DOS announces that student visas for Chinese nationals will have longer validity - F, J and M visas for Chinese nationals will be valid for 12 months and multiple entries. These changes to the validity period take effect starting 6/20/05.

Visas Mantis Clearance Validity Periods.

On 2/22/06 the State Dept. announced that it has commenced issuance of e-passports, using face recognition and contactless chip technology, on a pilot program basis, with a goal of issuing them at all domestic passport agencies by the end of 2006.

3/15/07, DOS provided tips for LegalNet inquiries.

In light of the expected volume of requests resulting from the DOL's final rule eliminating labor certification substitutions, USCIS announces that, effective May 18, 2007, it will no longer offer premium processing for I-140 petitions.

On 1/12/07, USCIS launched a web-based service that allows applicants to change their address online.

11/23/05 Memo from USCIS Acting Director of Domestic Operations, Michael Aytes, provides guidance on evaluating requests for rescheduling interviews and handling failures to appear for scheduled interviews.

(May 11, 2006) Government to withdraw regulation barring “arriving aliens" in proceedings from adjustment of status.

5/4/04. When the record is complete, issuance of an RFE is discretionary, and the adjudicator may deny without a RFE, a memo issued on by William Yates.

DHS/USCIS Fact Sheet on Immigration security checks.

Ombudsman Proposes Severe Changes to Asylum Procedures: A memo submitted on 3/20/06 recommends severe changes to current asylum procedures. The Ombudsman's proposal would impose onerous requirements on asylum-seekers and drastically curtail access to asylum.  The recommendation proposes several major changes to the asylum process. It would limit the adjudication of I-589 asylum applications by USCIS to persons in valid nonimmigrant status. Asylum-seekers who are out of status or without status would have their files referred to Immigration Court.

Aytes Memo Explains Current FBI Name Check Policy and Announces Policy Changes (12/21/2006).

DHS posted an advanced copy of the proposed rule for minimum standards for state-issued driver’s licenses and identification cards in compliance with the REAL ID Act of 2005 on its website.

4/13/07: USCIS to have flexibility in setting RFE and NOID response times.

Nonimmigrant Visas: An immigrant visa allows one to immigrate to the U.S., while a nonimmigrant visa only permits one to enter this country temporarily for certain purposes. H-1B visa (Nonimmigrant Worker), B-1 visa (Visitor Visa), J visa (Exchange Visitors), O visa (Aliens of Extraordinary Ability), and F visa (Academic Student) are all examples of nonimmigrant visas.

Immigrant visas: US immigration laws established three categories for worldwide immigration to the United States: family sponsored, employment based and diversity program. US immigration law puts a numerical limit on foreigners immigrating to the United States: Family-sponsored preference: 226,000 per year and Employment-based preference: 140,000 per year. Immediate Relatives of United States citizens are not subject to direct numerical limitations. In addition, one can obtain an immigrant visa through political asylum or qualify as a refugee.

In most cases, when one is eligible for some kind of visa or permanent resident status, his or her immediate family members (including spouse and unmarried children under the age of 21) are also eligible for similar visas or green cards.  These family members are called accompanying relatives.

For immigration cases, the burden is on the petitioner to establish that he or she is eligible for the benefit sought.  The standard is "the clear and convincing evidence." Click here for details.