Archive for the ‘Immigrant Visas’ Category

2011 Poverty Guidelines Published

The Department of Health and Human Services has published the 2011 Federal poverty guidelines, which the USCIS uses as the threshold income amounts that must be earned annually to sponsor someone for permanent residency.  If a sponsor does not meet these amounts then he/she will need a joint sponsor who does.  The following is a chart of the 2011 guidelines:

2011 HHS Poverty Guidelines

Persons
in Family

48 Contiguous
States and D.C.

Alaska

Hawaii

1

$10,890

$13,600

$12,540

2

 14,710

 18,380

 16,930

3

 18,530

 23,160

 21,320

4

 22,350

 27,940

 25,710

5

 26,170

 32,720

 30,100

6

 29,990

 37,500

 34,490

7

 33,810

 42,280

 38,880

8

 37,630

 47,060

 43,270

For each additional
person, add

   3,820

   4,780

   4,390

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Help HAITI Act of 2010 Now In Effect

The USCIS has announced the implementation of the Help HAITI Act of 2010, which grants permanent residence to certain orphaned Haitian children who were paroled into the U.S. after the January 2010 earthquake.  To obtain more information about the eligibility requirements and the new law, please see www.uscis.gov/adoptions/haiti.

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Call Your Senators! They Will Vote on the Dream Act Saturday

Senators are expected to vote on the DREAM Act on Saturday, December 18, 2010.  Senate Majority Leader Reid filed cloture for this Act, which is a process aimed at bringing debates to quick end.  The Senate will need 60 votes for DREAM Act to move forward. 

The DREAM Act would provide lawful permanent residence (i.e. green card status) to certain undocumented youth who, as children, were brought to the U.S.  The criteria to qualify include: completing high school; demonstrating good moral character; and completing at least two years of higher education or serving for at least two years in the U.S. military.

We urge you to call your senators today in support of this important Act!

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Priority Dates Retrogress on January 2011 Visa Bulletin

Family-based visa categories have significantly retrogressed on the January 2011 visa bulletin.  From early 2009 to September 2010, the level of demand for family-based immigration was very low, thus, the Department of State (the agency in charge of the visa bulletin), accelerated the numbers to utilize as many visa numbers as possible while there was time to do so.  This generated demand, which led the DOS to retrogress the numbers (i.e. slow the demand).  This is the ebb and flow of the visa bulletin method that frustrates many.  

The DOS anticipates that the family-based categories will remain retrogressed for some time since the demand has not subsided.  In contrast, employment-based categories have not retrogressed much, if at all.  To view the January 2011 visa bulletin, please see this link: http://travel.state.gov/visa/bulletin/bulletin_5212.html.

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Green Cards for Haitian Orphans

Last week the U.S. Congress passed the Help Haiti Act of 2010 (H.R. 5283), which grants legal permanent resident (LPR) status to up to 1400 Haitian minors orphaned by Haiti’s devastating earthquake in January 2010.  To qualify, the individuals must be physically present in the U.S. and have been granted humanitarian parole by the Department of Homeland Security’s Secretary Janet Napolitano between January 18, 2010 and April 15, 2010.

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Deployed U.S. Troops Become Citizens on Veteran’s Day

On November 11, 2010, 50 service members currently located at Camp Victory in Iraq became U.S. citizens in a special Veteran’s Day ceremony.  The Department of Homeland Security has naturalized 11,146 service members in fiscal year 2010, which is the highest number since 1955 and a 6% increase from fiscal year 2009. 

Several of the participants in yesterday’s ceremony are part of the Enhanced Combat Aviation Brigade, 1st Infantry Division, which is an Army aviation unit from Fort Riley, Kansas.  The new citizens originally came to the U.S. from various countries, including China, American Samoa, Romania, Dominican Republic, Guatemala, and the Philippines.

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REMINDER: USCIS Fees to Increase November 23, 2010

The USCIS will be increasing its filing fees for many form-types on November 23, 2010.  If you have an immigration matter you’d like filed before that date, please contact our San Francisco law office as soon as possible.  We handle all types of employment and family-based immigration matters.  For more details, please visit http://www.galigordon.com/us-visas-permanent-residence.

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EB-5 Regional Center Processing Update

The USCIS recently held a stakeholder meeting pertaining to the EB-5 regional center program.  The EB-5 category allows for individuals to invest in the U.S., either actively by operating an investment enterprise, or passively as part of a group of individuals investing in an EB-5 regional center.  Please see our other EB-5 blog posts for detailed information about the requirements.  In light of its recent stakeholder meeting, the USCIS had the following updates to provide:

1. There are currently 114 approved regional centers

2. There are 83 regional center proposals pending

3. In FY2010, the USCIS received 1727 investor petitions, 90% of which were for regional center investments

4. The current published processing time for regional center proposals is 5 months

5. The California Service Center, the location where EB-5 regional center proposals are reviewed, will soon substantially increase its EB-5 staffing

6. The new Form I-924, Application for Regional Center, and fee of $6230 will go into effect November 23, 2010 (currently there is no form or fee)

7. There will be a Form I-924 Supplement A that can be used for the yearly reporting requirements for regional centers

8. There is no premium processing for EB-5 regional centers at the present time

Please contact our San Francisco Immigration Law Office if you need assistance with an EB-5 regional center.

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USCIS wants to friend you on Facebook

After recent FOIA (Freedom of Information Act) litigation, practitioners obtained an internal USCIS memorandum about the use of social networking sites in fraud investigations.  In the memo, the USCIS explains to its staff that sites, such as MySpace, Facebook, Classmates.com, etc., provide the USCIS fraud unit a great opportunity to uncover fraud being committed by visa applicants.
 
The process is simple – the USCIS browses social networking sites for applicant information and requests that the applicant become a “friend.”  Once the applicant accepts the friend request, the USCIS scours the profile for inconsistencies about relationships, jobs, residence locations, etc.  The memo calls this type of research a “cyber site visit.”  The memo also comments that “narcissistic tendencies in many people fuels a need to have a large group of “friends” linked to their pages and many of these people accept cyber friends they don’t even know.”  The USCIS advises its staff to capitalize on these tendencies for fraud purposes by sending out friend requests to visa applicants.
 
All foreign nationals in the U.S., nonimmigrant and immigrant alike, should be extremely cautious when posting personal information online.  Big brother is surely watching.   Please contact our San Francisco immigration law firm if you have any concerns about the above.

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USCIS Filing Fees Increase November 23, 2010

Sep 29, 2010 by No Comments

The USCIS will increase the filing fees on almost all immigration applications and petitions (except naturalization) beginning November 23, 2010.  The final rule containing the USCIS’ new fee schedule was published in the Federal Register last Friday, September 24, 2010, and will go into effect Tuesday, November 23, 2010.  Any applications or petitions filed on or after November 23, 2010 must include the new fees. 

The following is a list of some of the fee changes:

1. Fees will be increased by a weighted average of 10 percent

2. There is a new fee for Regional Center Designation under the Immigrant Investor Pilot Program

3. There is a new fee to obtain Civil Surgeon Designation

4. There is a new fee for the Department of Homeland Security’s processing of immigrant visa requests

Please contact our San Francisco immigration law office if you have any questions about the new USCIS fee schedule.

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