|
Current Legal News: January 1999
Matter of Letterman, Int. Dec. 3370 (Nov. 5, 1998). The BIA recently issued a decision where they determined that an alien who has been convicted of an aggravated felony is subject to deportation - WITHOUT REGARD TO THE DATE OF WHEN THE CONVICTION OCCURRED - if (1) the alien was placed in deportation/removal proceedings on or after March 1, 1991 and (2) the crime qualifies as an aggravated felony. This case is important in that permanent residents who were convicted or plea bargained to crimes which were not "aggravated felonies" but are now considered "aggravated felonies" under Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) and Anti-Drug Abuse Act of 1988 (ADAA) etc. are being removed/deported from the United States. Also, the BIA made it clear it did not matter if the crime happened 5 years ago or 25 years ago as long as it is now considered an aggravated felony the PR is removable.
2. New H-1B Filing Fee $500.00 New I.N.S. regulation requires that employers filing H-1B petitions on or after December 1, 1998 must pay the new $500.00 "training" fee for initial H-1B petitions and extensions. I.N.S. cannot waive this fee. Only a few employers are exempt from the fee. The $500.00 is on top of the $110.00 filing fee. The employer or its representative of record, i.e., attorney must pay the fee for initial petitions, extensions or changes of employers. The regulation itself authorizes payment from the employer's attorney of record. However, the supplementary information accompanying the regulation suggests that the I.N.S. will reject payment from beneficiary's attorney. A conflict would occur if the attorney represents both employer and beneficiary. The I.N.S. has indicated that it will accept checks from attorneys who represent both.
3. Updated Department Of State Information As Of 1/99 Internal Addresses CA site: http://travel.state.gov Telephone Numbers Public information: 202-663-1225 Cut-off dates (IV): 202-663-1541 E/H/I/L/O/P reval: 202-663-1213 Border post appt: 1-900-443-3131 Automated fax: 202-647-3000 INS forms line: 1-800-870-3676 User Guide to Bureau of Consular Affairs Automated Fax System The Consular Affairs automated fax system is available to anyone with a fax machine equipped with a telephone jack. The system offers all of the Bureau's Consular Information Sheets, Travel Warnings, Public Announcements, Tips for Travelers brochures, Visa Bulletins, and other consular information. The telephone number for all information is: (202) 647-3000. Callers must use the receiver on their fax machines to dial the automated fax service and will then be given a series of prompts to select the information they wish to receive on their fax machine. Callers should not hang up their fax receivers until completing all prompts. Callers outside of the metropolitan Washington, D.C. area can expect to be charged the cost of a long distance phone call, but there are no additional charges for this service. Fax Consular Information Sheets and Travel Warnings Dial (202) 647-3000 from the touchtone telephone connected to your fax machine. When instructed to do so, enter the first four letters of the country for which you wish to receive information. (If the telephone keypad on your fax does not have letters, you will need to either label the keys with standard telephone letters or order the index with the number codes for the sheets.) If the first four letters contain a Q press 7 in place of the Q. If the first four letters contain a Z, press 9 in place of the Z. Once you have entered the first four letters, your selection will be verified along with the total number of pages to expect. Should you wish to receive additional Consular Information Sheets or Travel Warnings on the same telephone call, do not hang up the phone, simply enter the first four letters for the next country sheet you wish to order. After each selection, you will need to verify your choice (for Yes enter 9, for No enter 6). Once verified, press the "pound" key, followed by the start or connect button on your fax to begin the transmission. There is a limit of 9 documents that you can order in a single telephone call. To receive all Consular Information Sheets and Travel Warnings issued within the last 7 days: Dial (202) 647-3000 from the touchtone telephone connected to your fax machine. When instructed to enter your choice, enter ‘week' or 9335. You will be able to receive the last 7 days information in alphabetical segments. Select "Weekly Update - Part 1 for the first segment, "Weekly Update - Part 2" for the second segment and so on. You will need to verify your choice ("Y" for yes, "N" for no). Once verified, press the "pound" key, followed by the start or connect button on your fax, to begin the transmission. For Indexes There are four indexes of publications and documents available. They are: (1) List of Countries (includes Travel Warnings and Consular Information Sheets), (2) Travel, Passport and Visa Information, (3) Judicial Assistance and Citizenship and (4) Children's Issues. To receive an index, dial (202) 647-3000. When instructed to do so, press the "star" key. Then, enter the number for the index you wish to obtain and then press the start/connect button to begin transmission. Once you have the index, you may order up to 9 documents by entering the four or five-digit code(s) for the document(s) you wish to receive. After you have made your selection(s), the voice prompt will verify your choices and inform you of the number of pages being sent. You will then need to confirm your selection (for Yes enter 9, for No enter 6), push the "pound" key, and push the start or connect button to receive your fax. To obtain information provided by the Bureau of Public Affairs by fax, including press material, testimony, speeches, biographies and background notes on selected countries, call 202-736-7720 from your fax machine. November 1995 Automated Fax Index Travel, Passport and Visa Information 1035 Aliens Ineligible
to Receive Visas
Home (High Graphics) Home (Low Graphics) Introduction | Our Attorneys | FALQ's | Directions & Maps Extra! Extra! | Search | Legal Links | Contact Us |