U.S Citizenship and Immigration Services (USCIS) announced recently that the filing deadline for applications for legalization under the terms of the CSS and LULAC (Newman) settlement agreements is extended from May 23, 2005 until December 31, 2005. This is not a new amnesty program. The CSS and LULAC (Newman) settlement agreements allow for those who meet certain requirements to apply or reapply for Temporary Resident status under the 1986 amnesty program of Section 245A of Immigration and Nationality Act.

Eligible individuals may apply by submitting a Form I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act, and a CSS/ LULAC (Newman) Class Membership Worksheet. More information on the eligibility requirements and the application process may be found at local USCIS offices or online at www.uscis.gov under “Legal Settlements.”

*****

U.S Citizenship and Immigration Services (USCIS) announced recently that valid V-2 and V-3 status holders will no longer “age-out” of V-2 or V-3 status. USCIS will now approve extension of status applications for children of lawful permanent residents who are 21 years old or older with V-2 or V-3 status, as long as they meet the requirements for extension of status in every other way.

An alien, physically present in the United States, who was previously in V-2 or V-3 status and whose application for extension of status was denied solely because he/she was 21 years of age or more, may file an application for extension of status. An alien, physically present in the United States, who was previously in V-2 or V-3 status and who did not apply for extension of status solely because the alien was 21 years of age or more at the time of expiration of his/her V status, may file an application for extension of status. If approved, USCIS will grant a period of admission not to exceed two years. The alien can continue to extend V status until he/she becomes a permanent resident or until the law terminates V status. V-2 or V-3 status holders who are physically present in the United States can request an extension by filing an Application to Extend/Change Non-immigrant Status (Form I-539). Form I-539 is available on the USCIS website at www.uscis.gov, and at local District USCIS Offices.

The new guidance does not change the fact that in order to qualify for the initial V-2 or V-3 status, the applicant must meet the legal definition of “child.” This definition states that “child” includes being unmarried and less than 21 years of age.

*****

U.S. Citizenship and Immigration Services (USCIS) announced recently that it has received more than 6,393 H-1B petitions that will count against the Congressionally-mandated exemption cap for fiscal year 2005 (October 1, 2004 through September 30, 2005) established by the H-1B Visa Reform Act of 2004.

The new regulations, which took effect on May 5, 2005, changed the H-1B filing procedures for FY 2005 and for future fiscal years. The regulations make available 20,000 new H-1B visas, only for foreign workers with a minimum master’s level degree from a U.S. academic institution, in addition to the Congressionally mandated annual cap of 65,000 H-1B visas.

*****

U.S. Citizenship and Immigration Services (USCIS) forwarded to the Federal Register a notice announcing that starting May 31, 2005 aliens must mail applications to renew or replace Permanent Resident Cards, commonly known as “green cards,” directly to the Los Angeles Lockbox. Beginning on May 31st, aliens filing a Form I-90, regardless of their state of residence, must mail those applications with an application fee of $185 and a biometrics fee of $70 to one of the following addresses:

For U.S. Postal Service (USPS) deliveries:

U.S. Citizenship and Immigration Services
P.O. Box 54870
Los Angeles, CA 90054-0870

Or for non-USPS deliveries (e.g. private couriers):

Applicants should NOT include their initial evidence and supporting documentation when submitting the Form I-90 to the Los Angeles Lockbox. All applicants will receive a notice for a biometrics processing appointment at an ASC and will submit their initial evidence during that appointment. All applicants will receive their biometrics appointment notice in the mail.