Questions & Answers: Information for U.S. Citizens in the process of adopting a child from Haiti
On Jan. 12, 2010, Haiti experienced an earthquake of devastating proportions. This set of questions and answers provides information for United States citizens in the process of adopting a child from Haiti.
USCIS warns Haitians applying for temporary protected status to be aware of immigration scams. USCIS has a dedicated website providing guidance on its response to Haiti at www.uscis.gov/haitianearthquake.
Representation
All U.S. consulates and embassies will soon require nonimmigrant visa applicants to use Form DS-160, the Department of State’s fully electronic nonimmigrant visa application, instead of Form DS-156, the paper-based application. Form DS-160 has been in use at selected U.S. diplomatic posts for some time, but the State Department announced late last year that all U.S. posts will require the online form by April 30, 2010 at the latest. Many posts have already adopted the form, and more will begin to require it as April 30 approaches.
We were retained to assist a single US Citizen woman to adopt a child from India. Due to India’s rigid regulations pertaining to who is eligible to become an adoptive parent of an Indian orphan, our client was initially worried this dream would never come to fruition. She had received very discouraging advice from several sources. Nevertheless, within about one year’s time after we started working, the process is completed. Both immigration related petitions (I-800/I-800a) were approved within a few weeks after submission.
U.S. Citizenship and Immigration Services (USCIS) announced that it would allow H-2A workers in the sheepherding industry more time to fully transition to the three-year limitation of stay requirements under the agency’s final rule that became effective on Jan. 17, 2009. USCIS is making the one-time accommodation in deference to the industry’s prior exemption from the 3-year limitation. This exemption does not impact other H-2A categories.
The publication of the H2B regulation in December 2008 and the corresponding changes to PERM, H1B, H1B1, H1C and E3 regulations governing temporary professional, nonagricultural or registered nursing programs changed the roles of the SWAs and NPCs in the prevailing wage determination process and necessitated the issuance of policy and procedural guidance to be used by the National Prevailing Wage and Helpdesk Center (NPWHC).
We were recently retained at the I-140 Appeal stage for an I-140 denied on grounds of fraud/willful misrepresentation. USCIS denied the I-140 citing inconsistencies between the ETA 9089 job requirements, the advertisements, and a subsequent letter sent by petitioner with an RFE pertaining to the job requirements. Due to what USCIS termed as "material inconsistencies," the I-140 was denied on the grounds that the labor certification submitted was gained through fraud or willful misrepresentation of a material fact.
Casa Quivira Cases: DOS issued an alert on December 28, 2009 informing that the Office of the Solicitor General's (PGN's) appeal of the 2009 decision determining the adoptability of the children taken into custody from Casa Quivira was upheld by the appeals court. Note, these children include those who are already residing in the U.S.
What kind of problems can employment-based nonimmigrants (H-1, L-1, E-1, E-2, E-3, TN) face during reentry?
I think this question is most relevant for H-1 holders, but other employment-based nonimmigrants may also note the general principles here.
Here is a question from our clients-only extranet.
Whats the relevance or importance of having continuous pay stubs (How much gap is permissible if Not significant?) in the processing of Green card of an H1B holder.
I am reproducing material from our employers-only (by invitation only) conference call for tomorrow. These matters need to be in place for H-1 new applications, transfers as well as extensions.
I have received e-mails from folks about my 2009 articles on immigration law compliance and end-client letter issues in H-1B cases published by American Law Institute - American Bar Association. Here is the link:
http://www.immigration.com/articles-rajiv-s-khanna