Articles Posted in Top Immigration Stories

U.S. Customs and Border Protection (CBP) officials are reminding foreign travelers and Mexican border crossing card (or “laser visa”) holders about requirements to enter the United States, how to obtain an I-94 permit, and when an I-94 permit is required in time for the busy summer travel season.

Under U.S. immigration law, an applicant for admission into the U.S. as a temporary visitor for business or pleasure must prove to a CBP officer that their projected stay in the U.S. will be temporary.

Unless otherwise exempted, each foreign traveler admitted into the United States is issued an I-94 permit (arrival/departure record), as evidence of the terms of their admission.

Mexican citizens entering the country through the southern land border with a border crossing card (“laser visa”) are exempted from the requirement for an I-94 permit unless they are intending to remain in the U.S. for more than 30-days and/or will travel more than 25 miles from the border. Applicants who present a border crossing card (or laser visa) are not eligible to work in the United States.

Those applicants requiring an I-94 permit must demonstrate that they are financially solvent and have sufficiently strong ties to their country of origin, including a home abroad they do not intend to abandon. “Ties” are the various aspects of a person’s life that bind him or her to his or her country or residence. Some examples of ways to document these ties can be pay stubs for a person’s employment/income, a house or apartment mortgage or rental receipt, bank account records, utility bills, etc.

It is not possible to specify the documents applicants for admission should carry, since each applicant’s circumstances vary greatly. Applicants should carry with them whatever documents they think demonstrate their individual circumstances. All traveling family members need to be present during the I-94 application process.

The I-94 permit, which costs $6, allows visitors to travel further than 25 miles from the border and remain in the U.S. for more than 30 days. By U.S. law, a foreign traveler must posses his or her entry documents, and if required, the I-94 permit, with them at all times while in the United States.

In addition, at checkpoints, U.S. Border Patrol agents check foreign travelers for entry documents and the I-94 permit. Travelers not in possession of their entry documents and an I-94 permit may have their visa cancelled and be deported from the United States.

Russians won’t need visas go from the Kaliningrad region (Russia’s most northwestern point) to neighboring regions of Poland and vice versa in next few months to come. This was revealed by Russia’s Foreign Minister Sergey Lavrov after talks with his Polish and German counterparts in Kaliningrad.

Originally, Kaliningrad was a German city and had the name of Königsberg. There was also a strong Polish influence in this region. The Polish name for the city is Królewiec. After WWII, this region became a part of the Soviet Union, and the city’s name was changed to Kaliningrad.

Many great people have lived and worked in Königsberg, like astronomer Nicolaus Copernicus, physicist Hermann von Helmholtz, writer Ernst Theodor Amadeus Hoffmann and philosopher Immanuel Kant.

The history of the region embraces three cultures – German, Polish and Russian. The international nature of the Kaliningrad region can still be felt now. Polish and German tourists are frequent visitors here. On weekends, many residents of the Kaliningrad region go to Europe for a spot of shopping. According to official data, Poland issued twice as many visas to Russians so far this year as in the whole of 2010. Similar things are true for Germany.

Some Student visa applicants are required to provide the results of an English language test.

To date, the International English Language Testing System (IELTS) test is one English language test option accepted by the department for Student visa purposes. The department can also accept an English language test result from test of English as a Foreign Language (TOEFL) and the Occupational English Test (OET) in 14 countries where IELTS is not available.

However, the department will shortly be able to accept the following English language test options for Student visa application purposes:
– TOEFL in all countries
– Pearson Test of English Academic (Pearson) in all countries
– Cambridge English: Advanced (CAE) from Cambridge ESOL (Cambridge) in all countries.

Equivalency scores for TOEFL, Pearson and Cambridge are being finalised and will be announced shortly. Test results from these alternative test providers (or in the case of TOEFL, from applicants in countries other than the 14 previously specified) will not be accepted for Student visa purposes until after this process has been completed. This is expected to be in place later this year.

The department will continue to accept a test result from IELTS. Current testing arrangements and equivalency scores for IELTS will not change. The department will be closely monitoring the implementation of the new test providers and a review will be undertaken to determine whether these should be extended for the use with other visa programs.

From Monday 23 May, tribunals will not consider evidence submitted after an application has been made, in appeals relating to applications made in the UK under the points-based system.

UK Border Agency statistics show that around two-thirds of appeals allowed by immigration judges are due to late evidence being submitted.

The rules change is designed to end unnecessary appeals and help make sure that applications are right first time. It will apply to all applications made within the UK through the points-based system.

South Korea may open embassy in Georgia. This desire was voiced at a meeting of a delegation of the Korean Republic’s National Assembly and a delegation of the Georgian-Korean friendship group of the Georgian Parliament.

According to the head of the Korean-Georgian friendship group of the Korean Parliament In-Ji Ri, the opening of the embassy will bring the relations between the two countries into a more active phase and cooperation will become more fruitful. He said South Korea may offer assistance to Georgia in the sphere of high technologies and share its own experience.

The UK Border Agency in New York is now responsible for processing all visa applications in the United States. Effective today (20th May 2011) the UK Border Agency in Los Angeles will close.

Please note, if you are a resident in one of the States previously covered by the Los Angeles visa section and submitted an online application prior to 8th March or 6th April (for California residents) you should review the visa issuing post stated on your visa application form.

If the Los Angeles office is stated on your visa application form, you should submit your application and supporting documents to the visa processing office in Los Angeles prior to 20th May 2011. The Los Angeles office will cease accepting applications made prior to 8th March or 6th April (for California residents) on 20th May.

U.S. Citizenship and Immigration Services (USCIS) today proposed significant enhancements to the administration of the USCIS Immigrant Investor Program, commonly referred to as the EB-5 Program—transforming the intake and review process for immigrant investors as part of the Obama administration’s continued commitment to improve the legal immigration system and meet our economic and national security needs for the 21st century. The EB-5 Program makes 10,000 visas available annually to immigrant investors who invest in commercial enterprises that create at least 10 U.S. jobs. EB-5 investors may petition independently or as part of a USCIS-designated Regional Center.

“Congress created the EB-5 Program in 1990 to attract investors and entrepreneurs from around the globe to create jobs in America,” said USCIS Director Alejandro Mayorkas. “We are dedicated to enhancing this program to ensure that it achieves that goal to the fullest extent possible.”
USCIS is proposing three fundamental changes to the way it processes EB-5 Regional Center filings. First, USCIS proposes to accelerate its processing of applications for job-creating projects that are fully developed and ready to be implemented. USCIS will also give these EB-5 applicants and petitioners the option to request Premium Processing Service, which guarantees processing within 15 calendar days for an additional fee.

Second, USCIS proposes the creation of new specialized intake teams with expertise in economic analysis and the EB-5 Program requirements. EB-5 Regional Center applicants will be able to communicate directly with the specialized intake teams via e-mail to streamline the resolution of issues and quickly address questions or needs related to their applications.

Third, USCIS proposes to convene an expert Decision Board to render decisions regarding EB-5 Regional Center applications. The Decision Board will be composed of an economist and adjudicators and will be supported by legal counsel.

This proposal will be online until June 17, 2011, for public comment—providing stakeholders an opportunity to offer feedback on the proposed changes to the administration of the EB-5 Program.

U.S. Citizenship and Immigration Services (USCIS) today announced that effective Aug. 15, 2011, petitioners residing in countries without USCIS offices will be able to file a Petition for an Alien Relative (Form I-130), with the USCIS Chicago Lockbox facility. This will increase the efficiency of the relative petition filing process and give USCIS more flexibility in managing its workload. Previous regulations permitted these petitioners, who comprise about 5 percent of all I-130 petitioners, to file with USCIS or the U.S. Department of State at their local U.S. embassy or consulate.

Under the new regulation, published today in the Federal Register, petitioners residing in countries without USCIS offices may file a Petition for an Alien Relative based on the addresses provided in the revised form instructions, also available on www.uscis.gov:
For U.S. Postal Service:
USCIS
P.O. Box 804625
Attn. CSC/I-130/OS
Chicago, IL 60680-4107
For Express mail and courier deliveries:
USCIS
Attn. CSC/I-130/OS
131 South Dearborn – 3rd Floor
Chicago, IL 60603-5517
Petitioners residing in a country with a USCIS office have the option of sending their I-130 forms to the Chicago Lockbox, or they may file their Forms I-130 at the international USCIS office having jurisdiction over the area where they live.

To enable a smooth transition, petitioners should continue to file at their local U.S. embassy or consulate through Aug. 14, 2011. Beginning Aug. 15, petitioners residing abroad must file according to the new instructions.

Individuals with questions or concerns should contact the USCIS National Customer Service Center at 1-800-375-5283.

The Federal Government will implement a suite of regional migration initiatives together with a measured increase in permanent migration – to 185 000 visas – in 2011-12 to deliver on its broader economic and regional development priorities. Minister for Immigration and Citizenship, Chris Bowen MP, made the announcement today as part of the 2011-12 Budget, and said a new model for selecting skilled migrants was proposed to be introduced, as the significant next step in the government’s migration reforms.

The government’s recent reforms have contributed to a decline in net overseas migration levels by almost half from its peak of more than 315 000 for the year ending December 2008 to about 180 000 for the year ending September 2010, slowing the rate of population growth to a more sustainable level.

‘This has provided scope for a moderate increase in the migration program in 2011-12, while maintaining more sustainable annual levels of net overseas migration – in the region of 170 000–180 000 over the next few years,’ Mr Bowen said.

About two-thirds of the increased migration program will be for skilled migrants to help fill critical skill needs, particularly in regional areas. The skill stream intake will increase to 125 850 places, with 16 000 places allocated to the Regional Sponsored Migration Scheme. Regional visas will also be afforded the highest processing priority to recognise the needs of employers and encourage regional migration.

‘For the first time, the Federal Government will specifically allocate permanent visas for regional areas,’ Mr Bowen said.

The government will also fast-track permanent residency for temporary business (subclass 457) visa holders who have spent two years in regional Australia and where their employer will continue to sponsor them for a further two years. This will make it easier for 457 visa holders to remain in the region where they have been living and working.

Mr Bowen said regional areas would also benefit from the introduction of Regional Migration Agreements, a new initiative that will bring together employers, local and state governments and unions to cooperate in addressing local labour needs.

‘This government recognises that different regions face different opportunities and pressures. The patchwork nature of the Australian labour market means it’s important to recognise unique local circumstances and tailor migration solutions accordingly,’ he said.

‘Regional Migration Agreements will offer a coordinated, localised response to labour needs, helping local areas to implement workforce strategies that support growth while ensuring local workers remain the first choice for employers and industry.’
Fostering training initiatives for Australians will be a strong focus of the new agreements. The existing network of regional, industry and union outreach officers will also be further resourced to ensure regional employers and industry groups are well informed about such initiatives, and can better gain access to skilled labour where it is needed.

‘This is a responsible and measured approach that recognises the role skilled migrants play in supporting regional enterprises, such as in the resources and healthcare sectors and in trades and professions currently facing significant shortages,’ Mr Bowen said.

The family intake for the 2011–12 migration program will increase to 58 600 places. The family program is socially important as it allows for the reunification of Australians with their close relatives, children and spouses.

Mr Bowen said in setting the size and composition of the migration program for 2011–12, and announcing recent reforms to skilled migration, the government has balanced the importance of maximising prosperity for all Australians, ensuring communities and regions are sustainable and maintaining job opportunities for local workers. It is critical that Australia’s skilled migration program is driven by Australia’s skills needs, rather than the desires of prospective migrants.

‘That’s why the government will introduce a new model for selecting skilled migrants to better target Australia’s future skill needs, expected to come into effect on 1 July 2012. The new model concludes a series of reforms to ensure the skilled migration program is more focussed and efficient, demand-driven and tailored to employers’ needs.

The European Commission (EC) is not planning on implementing any measures for the time being that would result in ending the liberalized visa regime for the Western Balkans, EC Spokesman Martin Grabiec told B92 on Friday (May 6th). He confirmed that several days ago the EU’s executive arm had received a letter from Belgium, expressing concern about certain cases involving so-called false asylum seekers, but said the EC’s stance is clear. “Even if Belgium really requested suspension of the visa-free regime it would be necessary to hold a debate and get consent from all member states,” he explained.

On Saturday, European Parliament (EP) Rapporteur on Visa Liberalisation for the Western Balkans Tanja Fajon told Belgrade-based daily Vecernje Novosti that “a new wave of false asylum seekers from Serbia and Macedonia, especially in Belgium and Sweden is a reason for a great concern among the EU member states.”
According to her, the possibility of reintroducing visas for the citizens of one or both countries should not be ruled out. “Visa-free travel has certain restrictions. If you don’t respect the rules you will face consequences,” she warned.