Mike Berry, the Health and Human Services administrator handling the HHS J-1 shortage-area waiver program, has informed the American Immigration Lawyers Association (AILA) that HHS has suspended the program temporarily pending conclusion of a policy review. The HHS stopped taking applications effective October 1, 2003. Berry was unable to provide an approximate date for the program's reopening, but he said he expects the review to be completed soon.

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The State Department's chief of the Immigrant Visa Control and Reporting Division, Charles Oppenheim, has informed the American Immigration Lawyers Association that the movement of family immigration priority dates will remain fairly consistent for the next year. Security clearances are delaying the movement of numbers somewhat, but the delays are seen as being temporary. Oppenheim also indicated that employment-based visas should also not retrogress this fiscal year with the possible exception of "other worker" cases. If "other workers" cases retrogress, it would not likely happen until next summer at the earliest.

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A member of AILA has learned from a conversation with a visa officer in CDJ that, starting a few months ago, CDJ takes the position that if a visa applicant was ever apprehended by INS/BCIS and sent back to Mexico, post 4/1/97, this constitutes a "removal," and therefore a subsequent EWI (entered without inspection), accrual of more than one year unlawful presence and departure in the BIG (non-waivable) ten year bar. Thus, if an individual is caught near the border, is voluntarily removed without a removal hearing or expedited removal, this is still a removable circumstance and the individual is inadmissible under 212(a)(9)(A)(ii)(I). The Visa Office is said to have agreed with this interpretation.

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A U.S. Census Bureau report shows that naturalized Blacks, Asians, and Hispanics have higher homeownership rates than U.S. born Blacks, Asians, and Hispanics.

According to “Moving to America – Moving to Homeownership: 1994-2002,” 51 percent of Black naturalized citizens own their homes, while 49 percent of Black native-born citizens own their homes. 70 percent of naturalized Asians own their own homes, compared to 57 percent for native-born Asian citizens.  As for Hispanics, 63 percent of naturalized Hispanics own their won homes, while 54 percent of native-born Hispanic citizens own their own homes. 

In 2002 alone, 70 percent of native-born citizens own homes, as compared to 68 percent of naturalized citizens, and 35 percent of noncitizens.

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Poor, legal immigrant children in the United States may now be eligible for food stamps under a new government program. The program, which took effect October 1, is a part of the 2002 farm bill. The program will provide food stamps to children whose families earn less than a specified maximum income. It is estimated that around 60,000 immigrant children could benefit from the new program. Illegal immigrant children are still not eligible to receive government issued food stamps.

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In one of his final legislative actions as California Governor, Gray Davis vetoed a bill that would qualify some illegal immigrants for a free community college education. Davis also vetoed a bill that would have expanded recognition of Mexico's consular identification card by requiring California cities to accept it as a valid document. The vetoes come just weeks after Davis signed legislation granting driver's licenses to illegal immigrants.

Davis said he vetoed the college tuition bill because of the state's poor economy, saying, "I believe deserving immigrant students should have the opportunity to pursue a good quality education so that they can productively contribute to our economy."

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U.S. Citizenship and Immigration Services released two employer information bulletins recently. The first covers internationally recognized alien athletes, artists and entertainers (http://www.immigration.gov/graphics/lawsregs/handbook/OBL_16.pdf) and the second deals with I-9 documentation review (http://www.immigration.gov/graphics/lawsregs/handbook/OBL_103.pdf).