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Memorandum: The Child Status Protection Act - Memorandum Number 2
"On August 6, 2002, the President signed into law the Child Status Protection Act (CSPA), Public Law 107-208, 116 Stat. 927, which amends the Immigration and Nationality Act (Act) by permitting an applicant for certain benefits to retain classification as a 'child' under the Act, even if he or she has reached the age of 21. On September 20, 2002, this office issued a memorandum providing preliminary guidance to Immigration and Naturalization Service (Service) officers concerning the amendments made to the Act by the CSPA. The purpose of this memorandum is to provide additional guidance to Service officers concerning this new law. As with the previous memorandum, while this memorandum will provide examples of cases that may be affected by the CSPA, it is impossible to anticipate and address every possible scenario. This memorandum should be read in conjunction with the September 20, 2002, memorandum (attached)."
United States. Immigration and Naturalization Service
Williams, Johnny N.
2003-02-14
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Memorandum: Waiver of Photograph for I-90, Applicants Seeking a Replacement or Renewal Form I-551
"Recently, some applicants filing Form I-90, Application to Create Permanent Resident Card, for replacement or renewal Form I-551, Permanent Resident Card, have sought a waiver from the requirement at 8 CFR § 264.5(e)(1)(i) that all I-90 applicants provide photographs accompanying their application. These applicants have sought such a waiver based on religious grounds, stating that their faith prohibited them from being photographed. The regulations, at 8 C.F.R. § 264.5(e)(iii) for replacement of permanent resident cards provide that the photograph requirement may be waived only 'in cases of confinement due to advanced age or physical infirmity.' However, the Alien Documentation, Identification and Telecommunication System (ADIT) manual states that 'religious/ethnic reasons' as well as 'physical disfigurement' may be acceptable reasons to waive the photograph requirement. Based on this statement in the ADIT manual, the Immigration and Naturalization Service (Service) has on occasion granted photograph waiver requests on religious grounds, in addition to the grounds specifically provided by regulation. However, in light of national security concerns arising from the events of September 11, 2001, and because Form I-551 is evidence of legal status to enter and remain in the United States, the potential for misuse were it issued without a photograph is too great to allow discretionary waivers beyond what is specifically provided by the regulations at 8 C.F.R. § 264.5(e)(3)(iii)."
United States. Immigration and Naturalization Service
Williams, Johnny N.
2003-02-14
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Memorandum: Guidance on Adjudication of H-1B Petitions Filed on Behalf of Nurses
"The purpose of this memorandum is to provide field offices with guidance on adjudication of H-1B petitions when the beneficiary is a registered nurse (RN). This memorandum clarifies that while typical RNs generally do not meet the requirements for H-1B classification, aliens in certain specialized RN occupations are more likely than typical RNs to be eligible for H-1B status."
United States. Immigration and Naturalization Service
Williams, Johnny N.
2002-11-27
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Memorandum: Immediate Issuance of Forms I-688Bs to New Refugees and Asylees
"Effective November 10,2002, Form I-688B, Employment Authorization Cards, are to be issued to all individuals admitted as refugees under section 207 of the Immigration and Nationality Act (INA) immediately upon their arrival in the United States and to all individuals granted asylum under section 208 of the INA immediately upon the grant of asylum. This on-the-spot employment authorization processing is being established by the Immigration and Naturalization Service (the Service) to implement section 309 of the Enhanced Border Security Act and Visa Entry Reform Act of 2002 (BSA), which President Bush signed into law on May 14, 2002. This law requires the Attorney General within 180 days of enactment of the BSA (which is November 10,2002) to begin to issue employment authorization documents to individuals admitted as refugees immediately upon their arrival and to asylees immediately upon the grant of asylum. This law also requires that the employment authorization document contain a photograph and fingerprint of the asylee or refugee. After a thorough examination of possible implementation solutions, the Service has determined that issuance of I-688Bs is the most expedient means to fulfill all of the law's requirements by the required implementation date. In addition to issuing I-688Bs, officers will continue to issue refugees and asylees at the time they attain such status the Form 1-94, Arrival-Departure Record, indicating their status. Issuance of the I-688Bs is delegated to Inspections, District Offices, and Asylum Offices in the manner prescribed below."
United States. Immigration and Naturalization Service
Williams, Johnny N.
2002-11-04
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Memorandum: The Child Status Protection Act
"On August 6, 2002, President Bush signed into law the Child Status Protection Act (CSPA) (attached). This law amends the Immigration and Nationality Act (Act) by changing how an alien is determined to be a child for purposes of immigrant classification. This law changes who can be considered to be a child for the purpose of the issuance of visas by the Department of State and for purposes of adjustment of status of aliens by the Immigration and Naturalization Service (Service). The purpose of this memorandum is to provide preliminary guidance to Service officers concerning the amendments made to the Act by the CSPA. While this memorandum will provide examples of cases that may be effected by the CSPA, it is impossible to anticipate and address every possible scenario. As a note, the sections of the CSPA that address children of asylees and refugees will be addressed in a separate memorandum."
United States. Immigration and Naturalization Service
Williams, Johnny N.
2002-09-20
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Memorandum: Eligibility to Self-Petition as an Intended Spouse of an Abusive U.S. Citizen or Lawful Permanent Resident
"On October 28, 2000, the President signed the Victims of Trafficking and Violence Protection Act (VTVPA). Title V of the VTVPA is entitled the Battered Immigrant Women Protection Act (BIWPA), and contains several provisions amending the self-petitioning eligibility requirements contained in the Immigration and Nationality Act (Act). The purpose of this memorandum is to inform Immigration and Naturalization Service (Service) officers in the field of the change in the law concerning the eligibility to self-petition as an intended spouse of an abusive United States citizen (USC) or lawful permanent resident (LPR). This provision of the BIWPA applies to all self-petitions pending on or filed on or after October 28, 2000. Prior to the enactment of the BIWPA, an alien was ineligible to file a self-petition as a battered spouse of a USC or LPR if s/he was not legally married to the abusive USC or LPR spouse on the date the petition was properly filed with the Service. This left no relief for a battered alien who believed s/he was married to a USC or LPR, but later discovered the marriage was not legitimate because of the bigamy of the USC or LPR. The BIWPA defines a battered alien in this situation as an 'intended spouse' and amends the Act to preserve self-petitioning eligibility for intended spouses."
United States. Immigration and Naturalization Service
Williams, Johnny N.
2002-08-21
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Memorandum: Revocation of VAWA-Based Self-Petitions (I-360s)
"It has come to the attention of this office that certain district offices have been issuing notices of intent to revoke I-360 immigrant visa petitions that were approved at the Vermont Service Center (VSC) pursuant to the self-petitioning provisions contained in the Violence Against Women Act (VAWA). This practice has led to allegations that the Immigration and Naturalization Service's (Service/INS) adjudication of VAWA-based self-petitions is inconsistent. Consequently, effective the date of this memorandum, the VSC shall have sole authority to revoke an approved VAWA-based self-petition."
United States. Immigration and Naturalization Service
Williams, Johnny N.
2002-08-05
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Memorandum: Policy Change -- Public Law 107-150, the Family Sponsor Immigration Act of 2002: Use of Substitute Sponsor if Visa Petitioner has Died
"On March 13, 2002, the President signed Public Law (P.L.) 107-150, the 'Family Sponsor Immigration Act of 2002.' P.L. 107-150 makes a significant change to the requirement for certain aliens seeking permanent residence in the United States to obtain an Affidavit of Support, (Immigration and Naturalization Service (INS) Form I-864) from their petitioner to avoid inadmissibility as a public charge under Immigration and Nationality Act (INA) § 212(a)(4)(C). Under INA § 212(a)(4)(C), an alien who seeks permanent residence as an immediate relative or family preference immigrant is inadmissible as an alien likely to become a public charge unless the visa petitioner submits a Form I-864 that meets the requirements of § 213A. This requirement also applies to employment-based immigrants, if a relative either filed the Form I-140, Immigrant Petition for Alien Worker, or has a significant ownership interest in the firm that did file the Form I-140. Previously, INA § 213A(f)(1)(D) required the visa petitioner to be the sponsor who signed the Form I-864 filed on the alien's behalf. INA [Immigration and Nationality Act] § 213A(f)(5) allowed for a 'joint sponsor,' who accepted joint and several liability with the petitioning sponsor, if the petitioner could not meet the income requirements of § 213A(a)(1)(A). In these cases, however, both the petitioner and the joint sponsor had to sign and submit Form I-864 in order for the sponsored alien to avoid inadmissibility under § 212(a)(4)(C)."
United States. Immigration and Naturalization Service
Williams, Johnny N.
2002-06-15
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Notice to Designated School Officials
"On November 30, 2001, notice was provided to designated school officials announcing that the Immigration and Naturalization Service (INS) had terminated its contract with 'UNIBAND' and had entered into contract with 'ACS, Inc.' to enter information contained on certain INS forms into a national electronic information system. A copy of the notice is attached. The purpose of this letter is to clarify the use of each form referenced in the previous notice and to provide procedures for filing each form."
United States. Immigration and Naturalization Service
Williams, Johnny N.
2002-05-30
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