The Washington Blade reports that the Department of Homeland Security has issued guidance to immigration officials who are determining whether to exercise prosecutorial discretion in potential deportation cases involving gay and lesbian bi-national couples. The guidance offers three criteria for immigration personnel as they determine whether a same-sex relationship would fit the definition of a "family relationship." Same-sex relationships that rise to the level of "family relationship" are long term, same-sex relationships in which the individuals:

• are each other's sole domestic partner and intend to remain so indefinitely;
• are not in a marital or other domestic relationship with anyone else; and typically maintain a common residence
• and share financial obligations and assets

http://www.washingtonblade.com/2012/10/09/exclusive-obama-administration-issues-written-deportation-guidelines/

*****

The Associated Press reports that the United States recently announced visa-free travel for Taiwanese visiting America. Starting December 1, Taiwan joins 36 countries whose nationals can travel to the U.S. for tourism or business for 90 days without a visa, a privilege not enjoyed by China. Since the announcement comes during a U.S. election campaign, it is believed that the move was timed to demonstrate that the Obama administration is sticking up for self-governing Taiwan, an island China claims as part of its territory. However, the new waiver is also seen as a response to Taiwan lifting restrictions on U.S. beef imports and for President Ma Ying-jeou's easing tensions with China. The announcement was made at a State Department conference where Secretary of State Hilary Clinton stressed the industry's importance for creating jobs and promoting economic growth. She said tourists from China and Brazil alone support more than 40,000 jobs in the US.

http://www.google.com/hostednews/ap/article/ALeqM5gFswrYfsvOyLnRFd1bR3pT0h2Gpw?docId=62dbf79ac17140cfa1aea7afead64ae8

*****

The Associated Press reports the U.S. government is giving Haitians displaced by the 2010 earthquake more time to legally live and work while their Caribbean homeland rebuilds. Department of Homeland Security Secretary Janet Napolitano has extended Haiti's Temporary Protected Status (TPS) for an additional 18 months. The immigration benefits had been set to expire in January but now Haitians with TPS status can register for an extension beginning January 23, 2013 through July 22, 2014.

Current Haitian TPS beneficiaries, who have continuously resided in the United States since January 12, 2011 and seek to extend their TPS status, must re-register during the 60-day registration period that runs through November 30, 2012, if they wish to maintain their TPS. USCIS started accepting applications on October 1, 2012 and will continue to accept applications until November 30, 2012. Individuals who have not continuously resided in the United States since January 12, 2011 will not be eligible. The 18 month extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). For more information, read the full article: Temporary Protected Status Extended for Haitians.

http://www.therepublic.com/view/story/50affa22b167445cb48a7a7678e99211/FL--Haiti-Earthquake-Immigration.

*****

The Jewish Telegraphic Agency reports that President Obama enacted a three-year extension to a visa program for religious workers. On September 28, Obama signed a law, passed by Congress, extending the Special Immigrant Non-Minister Religious Worker Program until September 30, 2015. The legislation, first passed in 1990, has a sunset provision that has been renewed seven times. The law is particularly important to small Jewish communities in remote areas who often find it difficult to fill positions and rely on visas to bring in rabbis, cantors, kosher butchers and other religious workers. The law will make 5,000 permanent immigrant visas available each year for religious workers of various denominations. Senator Orrin Hatch (R-Utah) was the lead sponsor.

http://www.jta.org/news/article/2012/09/30/3108356/obama-enacts-visa-program-for-religious-workers

*****

The U.S. Citizenship and Immigration Services reports that it will grant military physicians a blanket designation as civil surgeons in order to ease difficulties encountered by physicians and applicants in the military. This new designation will permit military physicians to perform the immigration medical exam required for members and veterans of the Armed Forces and certain eligible dependents. Physicians currently qualify for civil surgeon designation if they are licensed physicians and if they have no less than 4 years of professional experience. Participation in the blanket civil surgeon designation is entirely voluntary. The designation only applies to military physicians who meet the professional qualifications of civil surgeon, are employed by DoD, are authorized to provide medical services at an MTF for Armed Forces personnel, veterans, and dependents located in the United States.

http://www.uscis.gov/USCIS/Outreach/Feedback%20Opportunities/Interim%20Guidance%20for%20Comment/MilitaryPhysicians-PM.pdf

*****

The National Journal reports that Senator Susan Collins (R-ME) co-sponsored legislation which would give same-sex couples immigration rights equal to those of heterosexual couples. The bill would give same-sex couples the opportunity to sponsor their partners for citizenship. Senator Collins states that the proposal is very important civil rights legislation that would help prevent the break-up of "loving, committed" families. The bill could affect up to 36,000 coupes according the U.S. News and Census data.

http://influencealley.nationaljournal.com/2012/09/collins-backs-gay-immigration.php

*****

The National Foundation for American Policy reports that a Department of Labor (DOL) proposal aimed at the employment of skilled foreign nationals on H-1B visas will threaten personal and commercial privacy, make it harder for employers to serve customers, and discourage hiring skilled personnel to perform work in the United States. The DOL proposal to change the labor condition application (LCA) would require employers to give information in a public access file, including sensitive information about clients and revenue as well as personal information on sponsored employees that would leave skilled foreign nationals vulnerable to identity thieves. The proposal would also add new bureaucratic steps that would make it difficult to move employees quickly to serve customers. A host of organizations are publicly opposing the proposal, including the U.S. Chamber of Commerce, the Information Technology Industry Council, American Council on International Personnel, Society for Human Resource Management, American Immigration Lawyers Association, NAFSA: Association of International Educators, and others.

http://www.nfap.com/pdf/DAYOFRELEASE.DOLLCAPROPOSAL.September172012.pdf

*****

< Back | Index | Next >

Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.