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6. News Bytes:

 

USCIS Announces End of Parole Program in Moscow

 

According to a USCIS release, the agency is no longer offering parole to Lautenberg category members (nationals of the former Soviet Union) who are denied refugee status in Moscow.  Parole allows a person to enter the United States but does not provide a path to permanent immigration status.  The provision in the Lautenberg Amendment that allows adjustment of status to lawful permanent resident status for Lautenberg parolees will expire Sept. 30, 2011.  As a result, USCIS said it will not continue to offer parole to persons who are not eligible to adjust their status.

 

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Agreement Reached Between the U.S. and the Russian Federation Regarding Adoption and Visa Issuance

 

The Department of State and the Department of Homeland Security announced that Secretary of State Hilary Rodham Clinton and Russian Foreign Minister Sergey Lavrov signed a bilateral adoptions agreement that will strengthen procedural safeguards in adoptions between the two countries.  The agreement will create a better defined framework for inter-country adoptions between the U.S. and Russia by allowing only government authorized adoption agencies to operate within Russia.  Furthermore, the agreement includes provisions designed to improve post-adoption reporting and monitoring.

 

Secretary of State Clinton and Russian Foreign Minister Lavrov announced an agreement on the issuance of visas that will benefit the largest segments of traveling Americans and Russians- business travelers and tourists by granting as a rule, on a reciprocal basis, multiple-entry visas valid for 36 months.  The agreement also streamlines the visa issuance process by reducing the documentation required.

 

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CIS Ombudsman Issues Recommendations for Deferred Action

 

The Department of Homeland Security issued a set of recommendations from Citizenship and Immigration Services (CIS) Ombudsman, January Contreras, to improve the transparency and consistency in the USCIS process of deferred action.  The recommendations focus on how USCIS processes deferred action requests and the steps that can be taken to ensure that an individual knows how to submit a deferred action request.  Furthermore, the recommendations seek to ensure an applicant receives a decision in a timely manner, and can be assured the request will be processed with consistency.

 

For more information and the complete list of recommendations click here.

 

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New US Visa Restrictions Placed on Iran

 

The American Visa Bureau reports that new US visa restrictions have been placed on Iranian government officials, military leaders and law enforcement officers for alleged human rights violations in their country.  The State Department said the action that restricts certain Iranian officials from being granted a US Visa for travel to America is “…a reminder to the Iranian government that we will continue to hold its officials accountable for human rights abuses against the Iranian people.”

 

http://www.visabureau.com/america/news/12-07-2011/new-us-visa-restrictions-placed-on-iran.aspx

 

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Suit Asks Immigration Officials to Stop Using DOMA Against Married Same-Sex Couples

 

San Diego Gay & Lesbian News reports that Lambda Legal filed an amicus brief in a case involving Cristina Ojeda and Monica Alcota, a married bi-national lesbian couple from Queens, NY.  Although Ms. Alcota is legally married to Ms. Ojeda, USCIS denied a petition for Ms. Alcota to be classified as the spouse of a U.S. citizen on May 11, 2011.  The friend-of-court brief argues that immigration officials are incorrectly relying on an inapplicable case for authority to continue deportation proceedings while the constitutionality of the Defense of Marriage Act (DOMA) is being challenged.  Instead, the brief urges “the Board of Immigration Appeals should do what other immigration courts have already done- put immigration proceedings on hold until the dispute over DOMA is resolved.” 

 

http://www.sdgln.com/causes/2011/07/12/suit-asks-immigration-officials-stop-using-doma-against-married-same-sex-couples

 

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 Visa Delays Imperil Iraqis Who Helped U.S.

 

The New York Times reports that terrorism fears in the United States are all but halting visas for Iraqis, even those who risked their lives aiding the American war effort, leaving them especially vulnerable ahead of the planned American withdrawal.  In light of a case in Kentucky in which two Iraqi immigrants were arrested for alleged ties to an insurgent group, the Obama administration has required new security background checks for Visa applicants.  Immigrant advocates say the administration is ignoring a directive from Congress to draft a contingency plan to expedite visas should those Iraqis who worked for the United States government come under increased threat after American forces are drawn down at the end of the year.

 

Congress created the special immigrant visa program as a measure to expedite the process for those Iraqis that face punishment for their cooperation with the United States government.  Beginning in 2008, Congress expanded the program to allot 25,000 slots over five years.  After nearly four years, the government has issued roughly 7,000 in total.  The logjam processing visas has put many Iraqis who fear reprisal from insurgents in a potentially serious bind. Activists say the impetus for the legislation was to avoid a huge refugee crisis like the one that followed the pullout from Vietnam, a threat they feel is very real.

 

http://www.nytimes.com/2011/07/13/world/middleeast/13baghdad.html?pagewanted=all

 

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CA Rep. Seeks to End Diversity Visas

 

The Contra Costa Times reports that in light of the recent bungled State Department visa lottery, in which 22,000 formerly elated individuals were told their selection was voided due to a computer glitch, some lawmakers are making a push to abolish the system altogether.  Rep. Elton Gallegly of Simi Valley California believes it does not make sense to give people green cards purely on the luck of the draw.  The lottery is meant to promote ethnic diversity, allowing people without existing connections in the United States to settle here by only accepting applications from residents of countries that have not already sent more than 50,000 immigrants to the U.S. in the last five years.  Gallegly and other detractors cite the practice as problematic stating, “You don’t even have to have a compelling reason. You just want to come.”

 

The Associated Press reports that the House Judiciary Committee has voted to send a bill abolishing the State Department’s visa lottery to the full House.  Republican Rep. Bob Goodlatte of Virginia said the program is riddled with problems, including fraud, and has the potential to be exploited by terrorists.  Democrats who opposed the bill countered that eliminating the visa lottery would essentially end legal immigration from African nations and reduce the overall number of visas available to all immigrants.

 

http://www.npr.org/templates/story/story.php?storyId=138544659

 

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Border Fences Said to Threaten Wildlife

 

United Press International reports that a University of Texas study has found that Border fences to stop illegal immigration are a threat to wildlife.  Researchers say most at risk of extinction are smaller populations of wildlife that occur in more specialized habitats.  When barriers, including border fences and roads, separate the ranges of these animals their ability to move is limited, which makes them more vulnerable to events such as hurricanes or fire, which can wipe out an entire population.

 

http://www.upi.com/Science_News/2011/07/12/Border-fences-said-threat-to-wildlife/UPI-56661310503006/

 

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More Mexicans Fleeing the Drug War Seek U.S. Asylum

 

Reuters reports that a growing number of Mexicans are fleeing raging drug cartel violence in Mexico to begin a long-shot bid for political asylum in the United States.  Drug cartel violence has skyrocketed since President Felipe Calderon took office and sent the military to crush the cartels.  As a result, asylum requests have jumped up as well, reaching a record 5,561 last year, of which only 165 were granted.  Chances of success for those seeking asylum are incredibly slim.  Immigration officials say claims are frequently based on a general fear of drug cartel violence or rampant crime in the petitioner’s hometown and fail to meet the strict criteria for asylum.

 

http://www.reuters.com/article/2011/07/14/us-usa-mexico-asylum-idUSTRE76D2T620110714

 

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Residency Proof for Immigrant Licenses

 

KRQE News (NM) reports that New Mexico Gov. Susana Martinez ordered the Motor Vehicle Department to send letters to 10,000 random undocumented immigrants who have obtained state driver’s licenses to prove they still live in New Mexico.  More than 85,000 people without Social Security numbers have received New Mexico driver’s licenses due to a 2003 law that allows illegally present immigrants to apply for a driver’s license.  The 10,000 people who receive the letters will have 30 days to schedule an in-person appointment and bring documents that prove they live in New Mexico, failure to do so will result in their licenses being cancelled. 

 

http://www.krqe.com/dpp/news/politics/residency-proof-for-immigrant-licenses

 

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Patrick Backs Illegally Present Immigrants on Tuition

 

The Boston Globe reports that Massachusetts Governor Deval Patrick appeared at a packed State House hearing to urge lawmakers to let illegally present immigrants pay the reduced resident rate at state colleges and universities.  In the absence of federal action giving undocumented students a path to residency, advocates for immigrants have lobbied states to make public colleges more affordable for illegally present immigrants. Governor Patrick has thrown his support behind the bill with the hope of injecting new life into a measure that has languished in the Legislature for years.  Proponents fight critics who say illegally present immigrant students should not benefit from their parents’ decision to break the law. 

 

http://articles.boston.com/2011-07-21/news/29798836_1_eric-balderas-illegal-immigrants-legal-residency

 

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Washington State Cancels Driver’s License of Journalist Who Disclosed He’s Illegally Present

 

The Associated Press reports that Washington State canceled the driver’s license of Jose Antonio Vargas, the Pulitzer Prize winning journalist who publicly said he is in the country illegally.  Department of Licensing spokeswoman Christine Anthony said an investigation concluded Vargas wasn’t residing at the address he provided to the Licensing Department.

 

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=439x1544420

 

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Rep. Luis Gutiérrez Arrested Near White House in Dream Act and Immigration Protest

 

Fox News Latino reports that Illinois Rep. Luis Gutiérrez was placed in handcuffs for peacefully protesting the Obama administration’s deportation policies and his inability to push forward the DREAM Act.  Gutiérrez and several others were arrested after refusing orders from police to leave a sidewalk near the White House.  The Congressman said he would not be satisfied unless President Obama exercised his power to prevent the deportation of “DREAMers and others with deep roots in the U.S.

 

http://latino.foxnews.com/latino/politics/2011/07/27/luis-gutierrez-arrested-near-white-house-while-protesting-obamas-immigration/

 

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California Enacts Law Letting Illegally Present Immigrants Pay In-State Tuition

 

CNN reports that a law signed by California Gov. Jerry Brown specifies that undocumented immigrant students in the state can be eligible for cheaper in-state tuition rates.  The California DREAM Act is distinct from the federal effort of the same name.   The California version effectively updates a previously enacted law that allows all people who have attended high school in the state for three or more years to pay cheaper in-state tuition rates to attend one of its public institutions of higher learning. 

 

http://articles.cnn.com/2011-07-25/politics/california.immigration.law_1_illegal-immigrants-cheaper-in-state-tuition-rates-undocumented-immigrant-students?_s=PM:POLITICS

 

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Department of Labor Suspends Issuing Prevailing Wages as it Seeks to Comply with Court Order to Implement H-2B Wage Rules

 

Comite de Apoyo a Los Trabajadores Agricolas, an organization of immigrant laborers,  has successfully sued the Department of Labor after the agency announced its decision to delay by a year the effective date of a set of regulations on H-2B visa prevailing wages.  The court found the DOL violated the Administrative Procedure Act by delaying the regulations without any notice and comment opportunity for the public.  The US District Court for the Eastern District of Pennsylvania ordered the Department of Labor to implement the new H-2B prevailing wage regulations within 45 days of the mid-June decision’s issuance.

 

The Labor Department is being forced to reissue 4,000 H-2B wage determinations.  DOL has informed stakeholders that for an undefined period of time, it will issue no prevailing wage determinations or requests for reconsideration or appeal in any cases requiring prevailing wages including PERM cases, H-1B cases, H-2B cases and H-2A cases.  Employers can file prevailing wage requests and when the agency resumes processing for everyone, applications will be handled on a first in, first out basis. 

 

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