Thomas K. Brown Immigration

USCIS Issues Incorrect EADs to Haitian TPS Beneficiaries

USCIS mistakenly created several hundred EADs for Haitian TPS beneficiaries with the incorrect expiration date of July 22, 2010.  The correct date should be July 22, 2011.  USCIS will automatically issue corrected EADs to those affected.  They advise you are not required to file an I-765 Application for Employment Authorization.

June 4th, 2010 Posted by Thomas Brown | tps | no comments

Backlog of Immigration Court Cases Continues to Grow

All sorts of news today…  A fascinating study of the growing backlog of Immigration Court and Executive Office of Immigration Review (EOIR) cases is here.  I see reports of new Immigration Judges being sworn in often enough, and even new Immigration Courts opening, but with 242,776 cases before the Courts today it’s hard to imagine it will make much of a dent.

May 26th, 2010 Posted by Thomas Brown | Uncategorized | no comments

State Department: Visa Fee Increases Effective June 4

DOS press release describes new non-immigrant visa fees effective June 4.  B1/B2 visas as well as F, M and J visas are now $140 (up from $131).  H, L, O, P, Q and R visas are up to $150.  K visas (fiance(e) & spouse) are now $350.  Finally, treaty-trader/investor visas are up to $390.

May 26th, 2010 Posted by Thomas Brown | Uncategorized | no comments

MSNBC: Doing The Right Thing Can Get You Deported

Here’s an interesting article about a man who faces deportation after calling 911 to report a crime.  The article references section 287(g) of the Immigration and Nationality Act.  Here it is for your reference:

287(g) Performance of immigration officer functions by state officers and employees.–

287(g)(1) Notwithstanding section 1342 of title 31, United States Code, the Attorney General may enter into a written agreement with a State, or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified to perform a function of an immigration officer in relation to the investigation, apprehension or detention of aliens in the United States (including the transportation of such aliens across State lines to detention centers), may carry out such function at the expense of the State or political subdivision and to the extent consistent with State and local law.

287(g)(2) An agreement under this subsection shall require that an officer or employee of a State or political subdivision of a State performing a function under the agreement shall have knowledge of, and adhere to, Federal law relating to the function, and shall contain a written certification that the officers or employees performing the function under the agreement have received adequate training regarding the enforcement of relevant Federal immigration laws.

287(g)(3) In performing a function under this subsection, an officer or employee of a State or political subdivision of a State shall be subject to the direction and supervision of the Attorney General.

287(g)(4) In performing a function under this subsection, an officer or employee of a State or political subdivision of a State may use Federal property or facilities, as provided in a written agreement between the Attorney General and the State or subdivision.

287(g)(5) With respect to each officer or employee of a State or political subdivision who is authorized to perform a function under this subsection, the specific powers and duties that may be, or are required to be, exercised or performed by the individual, the duration of the authority of the individual, and the position of the agency of the Attorney General who is required to supervise and direct the individual, shall be set forth in a written agreement between the Attorney General and the State or political subdivision.

287(g)(6) The Attorney General may not accept a service under this subsection if the service will be used to displace any Federal employee.

287(g)(7) Except as provided in paragraph (8), an officer or employee of a State or political subdivision of a State performing functions under this subsection shall not be treated as a Federal employee for any purpose other than for purposes of chapter 81 of title 5, United States Code, (relating to compensation for injury) and sections 2671 through 2680 of title 28, United States Code (relating to tort claims).

287(g)(8) An officer or employee of a State or political subdivision of a State acting under color of authority under this subsection, or any agreement entered into under this subsection, shall be considered to be acting under color of Federal authority for purposes of determining the liability, and immunity from suit, of the officer or employee in a civil action brought under Federal or State law.

287(g)(9) Nothing in this subsection shall be construed to require any State or political subdivision of a State to enter into an agreement with the Attorney General under this subsection.

287(g)(10) Nothing in this subsection shall be construed to require an agreement under this subsection in order for any officer or employee of a State or political subdivision of a State–

287(g)(10)(A) to communicate with the Attorney General regarding the immigration status of any individual, including reporting knowledge that a particular alien is not lawfully present in the United States; or

287(g)(10)(B) otherwise to cooperate with the Attorney General in the identification, apprehension, detention, or removal of aliens not lawfully present in the United States.

287(h) An alien described in section 101(a)(27)(J) of the Immigration and Nationality Act who has been battered, abused, neglected, or abandoned, shall not be compelled to contact the alleged abuser (or family member of the alleged abuser) at any stage of applying for special immigrant juvenile status, including after a request for the consent of the Secretary of Homeland Security under section 101(a)(27)(J)(iii)(I) of such Act.

May 26th, 2010 Posted by Thomas Brown | Uncategorized | no comments

June 2010 Visa Bulletin

You can read the June 2010 Visa Bulletin here.  Note that the Dominican Republic has been added to the list of countries carved out for special visa allocation.

Here’s the family table:

And here’s the employment table:

May 12th, 2010 Posted by Thomas Brown | visa bulletin | no comments

New Green Cards Actually Are Green!

USCIS announces new, more secure permanent resident cards (“green cards”) here.  At one point in the past the cards actually were green.  Since then they’ve been white or pink but everyone still refers to them as green.  Now there won’t be any confusion.  No telling yet whether there will be production delays as the new cards start rolling off the press.  I’ve grown used to the 1 to 2 week turn around times from the card production facility.

May 12th, 2010 Posted by Thomas Brown | Uncategorized | no comments

Arizona’s Mistake Could Be Catchy

The Chrisitan Science Montior has a story on other states taking Arizona’s lead.  Here’s the link.  From the Constitution itself and the body of caselaw developed in the area it is clear that immigration is the exclusive province of federal law, not state.  This issue demands a national voice, not the state-by-state policies apparently to come.  Congress — please make immigration reform a priority now!

May 10th, 2010 Posted by Thomas Brown | cir | no comments

Recent Immigration Press Coverage

GOP Against Immigration Reform here.  But some Republicans are concerned with Arizona’s action here.

Arizona Legislation’s Impact on National Reform here.

Protests in Arizona here and here.

Arizona Legislation & Federal Enforcement here.

Other states have tried and failed at what Arizona did here.

April 26th, 2010 Posted by Thomas Brown | Uncategorized | no comments

A Sham Marriage in Hollywood

CNN “Justice” has a must-read piece here.

April 17th, 2010 Posted by Thomas Brown | Uncategorized | no comments

May 2010 Visa Bulletin

Here’s the link.

The family table:

And the employment table:

April 13th, 2010 Posted by Thomas Brown | visa bulletin | no comments