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United States Immigration News
 New York, January 2009
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USCIS HIRING INCREASE OFFERS IMPROVEMENTS IN APPLICATION PROCESSING TIMES

U.S. CitizenshipSan Antonio, TX - In an effort to tackle an increasing backlog in citizenship applications, the U.S. Citizenship and Immigration Services (USCIS) recently began a dramatic hiring increase of USCIS personnel. Data indicate that these measures have already significantly alleviated the backlog of citizenship applications that have overwhelmed the agency. In 2007, it was estimated that the USCIS, which is a part of the Department of Homeland Security, took an average of 18 months to process applications. Current processing times, however, are much lower with an average time of nine to 10 months. Within the past 2 years, the USCIS hired over 2,000 new employees, and designated over half to evaluate and process citizenship applications. The USCIS completed an estimated 1.1 million citizenship applications in 2008, over 400,000 more applications than last year. While this marks a considerable improvement, immigration experts remark that the USCIS still has many improvements to make such as continuing to reduce the amount of time citizenship applications remain pending. Reportedly, over 100,000 applications have been pending for over two years.

MALTA JOINS THE VISA WAIVER PROGRAM

Malta and VWPWashington, D.C. - On December 30, 2008 the Department of Homeland Security announced the designation of Malta as a Visa Waiver Program (VWP) country. Effective December 30, 2008 citizens of Malta can enjoy visa-free travel to the United States. In order to join the Visa Waiver Program, the country had to meet various security requirements, including data sharing policies with the United States and enhanced law enforcement. As a citizen of a Visa Waiver Program country, individuals can travel to the United States for stays less than 90 days without obtaining a visa. New requirements, however, mandate that individuals traveling under the Visa Waiver Program must have an E- passport or obtain prior authorization with the Electronic System for Travel Authorization (ESTA). In 2007, the Department of Homeland Security (DHS) was authorized to oversee the Visa Waiver Program, and make improvements that would enhance security. Malta will mark the 35th country participating in the Visa Waiver Program. Current VWP countries include: Lithuania, Slovakia, Estonia, Hungary, Korea, and the Czech Republic, Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.

THREE CONVICTED IN IMMIGRATION MARRIAGE FRAUD CASE

Marriage FraudSt. Paul, MN - Three Chinese citizens were recently convicted of a marriage fraud scheme, designed to help Chinese nationals obtain United States Green Cards and citizenship through marriage. The three men were convicted of aiding and abetting marriage fraud and conspiracy to commit marriage fraud by a federal jury in St. Paul, Minnesota. Mingwen Yang, Guangping Lin, and Yanxia Tang were found guilty of setting up a sham marriage scheme, in which U.S. citizens would be paid up to $25,000 for marrying Chinese citizens so that the Chinese nationals could attain United States immigration benefits. All three convicted face up to 10 years in prison. The fraudulent marriage scheme is believed to have operated from 2002 to 2007. There are a total of 40 other defendants involved, 21 of whom have already plead guilty to conspiracy charges. U.S. Attorney Frank Magill commented: "The goal of this conspiracy was for individuals to profit by assisting Chinese nationals in illegally obtaining visas and other immigration benefits. These convictions and plea agreements prove that the lies and deceit used by some to violate our nation's immigration laws won't be tolerated, and that we will maintain the integrity of our nation's borders by prosecuting these types of crimes."

DHS TO OBTAIN BIOMETRIC DATA FROM NONCITIZENS UPON ENTRY

Biometric ScannerWashington, D.C. - In an effort to offer increased national security, the Department of Homeland Security will collect biometric data such as fingerprints and photographs of all noncitizens, including Green Card holders and refugees. Travelers that are exempt from these new regulations include Canadian citizens visiting the United States for brief time periods and visitors traveling under A and G Visas. These regulations are under the U.S. Visitor and Immigrant Status Indicator Technology Program, also known as US VISIT. Individuals entering the United States as potential refugees, Green Card holders (permanent residents), and those traveling on immigrant visas are included in the new regulations. After the terrorist attacks of September 11, 2001, the US VISIT program was established to track immigrants entering the country and to examine criminal and terrorist databases. The Department of Homeland Security (DHS) also intends to offer a system that tracks immigrants as they leave the United States. However, it has incurred many delays. The United States government has drawn criticism for these new regulations requiring biometric data of U.S. permanent residents, also known as green card holders. Barry Steinhard, a director for the American Civil Liberties Union called the program “disappointing.” He remarked further: “these are individuals who don't deserve the indignity of being subjected to biometric capture."

THE “OBAMA EFFECT” ON VISA ISSUANCE

H-1B VisasNew York, NY - Several U.S. companies fear that a changing political climate in the country will limit H1-B and L-1 visas, in turn negatively affecting some businesses. Companies with a high reliance on foreign workers and companies with a high percentage of employees holding H1-B visas have alerted investors that a changing political administration could adversely affect profits. While many businesses are unsure about how a new administration will affect the issuance of visas, outsourcing companies remain specifically wary of legislation that would impose restrictions on foreign workers in the United States. Due to President Obama’s promises to cease tax breaks to companies that “ship jobs overseas” and proposed plans to help keep jobs in the United States, companies that heavily rely on outsourced labor are concerned about increased restrictions on H1-B and other work related visas. However, President Obama has nominated cabinet members who have openly verbalized the economic importance of increasing the H1-B visa cap. The current annual cap on H1-B visas is 85,000.

160 ARRESTED FOR FRAUD AT CALIFORNIA BORDER PORTS

U.S. PassportSan Diego, CA - As the result of an investigation that began in late 2007, 160 individuals have been arrested and prosecuted for crimes relating to the use of false passports and other government issued documentation. The enforcement program, initiated by U.S. Customs and Border Protection, took place at San Ysidro, Otay Mesa, and Calexico which are among the busiest ports in the United States that border with Mexico. During the beginning implementation of the enforcement initiative, approximately 20 fraudulent passports were detected each week. However, as enforcement officials became increasingly skilled at spotting fraudulent documentation, over 60 fraudulent passports per week were being detected. Immigration officials predict that the demand for fraudulent, government-issued documentation is predicted to increase due to the Western Hemisphere Travel Initiative. This program mandates that as of June, 2009 ports of entry may no longer accept a verbal affirmation of U.S. citizenship, and all travelers must produce government approved, “secure” documentation such as a passport, passport card, trusted traveler document, or an enhanced driver’s license. To help combat the obtainment and use of fraudulent documentation, enforcement and detection efforts have been employed at many border ports. A representative of the Diplomatic Security Service offers this warning to Americans: “We urge U.S. citizens who have lost or had their travel documents stolen to immediately contact the nearest U.S. embassy or consulate or the Department of State’s Bureau of Consular Affairs, in addition to local law enforcement agencies, so that authorities can place lookouts in a timely manner.”

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