News Bytes
Reuters reported last week that a prominent group of U.S. doctors and dentists have asked the U.S. Department of Homeland Security to stop using X-rays to determine the ages of young asylum seekers because the tests are inaccurate. X-rays taken of dental and wrist bones can show the age of a person, but the doctors and dentists claim that there is a margin of error of 3 years. The error range is important because juvenile asylum seekers have a better chance of remaining in the U.S. while adults can be deported immediately under U.S. immigration law.
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The Associated Press reported last week that a new law in Minnesota allows immigrants with E-2 visas to buy up to 1,500 acres for use as a dairy farm. E-2 visas are available to residents who have made a substantial business investment in the U.S. and are from certain countries that have a treaty with the U.S. The law requires that the immigrant live in Minnesota at least 10 months of the year and try to gain either residency or resident alien status within three years of buying a dairy farm.
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U.S. Immigration and Customs Enforcement (ICE) officials are warning residents of Irving, Texas of bogus flyers that were distributed claiming that police, federal agents and Dallas County officials would conduct door-to-door interviews. The flyers contained various misspellings and false telephone numbers. Officials cited the scam as a possible attempt by criminals to gain entry into residents’ homes. ICE stated that while it enforces the nation’s immigration and customs laws, it does not do so by door-to-door interviews announced through flyers.
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A recent statement from U.S. Immigration and Customs Enforcement (ICE) discussed an incident in which ICE agents from Jacksonville, FL, responded to a complaint that Russian college students in St. Augustine, FL, were possibly being exploited by a U.S. company that had sponsored them as part of a J-1 work exchange program in the United States. In the statement, ICE said it was determined that the students are legally in the country at this time, and that they are considered by ICE to be potential victims/witnesses. Agents are not only continuing to look into the matter, but are also coordinating with local authorities and with community officials to help care for the students.
ICE officials have advised the Russian Embassy in Washington, D.C. of the situation and will inform the office of any developments.
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The USCIS Chief Counsel has announced that the services centers will be instructed that, for purposes of section 245(k), an adjustment of status applicant needs to demonstrate maintenance of status only from his or her last entry up to the date of filing of the adjustment of status application. This ruling is in response to the Texas Service Center requiring proof of maintenance of status for all stays in the U.S. Although the written guidance of is not out yet, those who receive an RFE or denial on this basis, contact the American Immigration Lawyers Association for more information.
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According to the American Immigration Lawyers Association, the new appointment system for consular posts in China should be back in operation as of June 4, 2004, following resolution of concerns raised by the host government.
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The New Delhi DHS suboffice has tightened its rules for US citizens seeking to direct file I-130s there. From now on, the USC will be required to show 60 days presence in India prior to filing. Usually, showing an entry stamp can fulfill this requirement.
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A daily briefing from the Department of Homeland Security was posted on GOVEXEC.com this week. Agency auditors have successfully reconciled the budget deficit issues that occurred as a result of combining various accounting systems. These deficits led to a hiring freeze earlier this year, but officials say they won’t resume recruitment because personnel goals for 2004 have already been reached. According to DHS spokesman Dennis Murphy, many current DHS employees have stayed longer than expected, and new hires will not be brought in until next year.
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Recently, President Bush
announced 17 new personnel decisions in the administration. One key
nomination will be for William Sanchez to be Special Counsel for
Immigration-Related Unfair Employment Practices at the Department of Justice for
a term of four-years. The President also plans to appoint a number
of individuals as Members of the President's Advisory Commission on Asian
Americans and Pacific Islanders.
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.