In an action that is sure to be welcomed by the immigration community, the INS today published an interim rule which permits, in many instances, for I-140 petitions to be filed together with I-485 applications. For those with pending I-140s, they will be able to file for Employment Authorization Documents and Advance Parole. Visa numbers must be available to take advantage of this rule. The Employment-Based categories are all current at this time, so this requirement should not be an issue. To read the entire rule, click here.
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INS Changes Rules in Employment Based I-485s
Arthur Zabenko writes about today's INS rule announcing that I-140s and I-485s can be filed concurrently in certain circumstances.
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Immigration Law News
INS Publishes Rule For Concurrent Filing Of I-140s And I-485s
INS published an interim rule which says in its summary: "The current Immigration and Naturalization Service (Service)
regulations provide that an alien worker who wants to apply for
permanent resident by filing the appropriate Form I-485, Application to
Register Permanent Residence or Adjust Status, cannot do so until he or
she obtains approval of the underlying petition, Form I-140, Immigrant
Petition for Alien Worker. This procedure has resulted in an
unnecessary delay for certain alien workers. This interim rule amends
the Service's regulations by allowing the Form I-485 to be filed
concurrently when a visa is immediately available, thereby improving
the efficiency of the process as well as customer service. This interim
rule also provides that, if an employment-based visa petition is
pending on July 31, 2002, the alien beneficiary may obtain the benefits
of concurrent filing, but only if the alien beneficiary files the Form
I-485, together with the applicable fee and a copy of their Form I-797,
Notice of Action, establishing previous receipt and acceptance by the
Service of the underlying Form I-140 visa petition. Further, this
interim rule will allow the alien worker to apply for employment
authorization using Form I-765, Application for Employment
Authorization, and for advance parole authorization using Form I-131,
Application for Travel Document, while the Form I-485 is pending."
Habeas Unavailable When Petitioner Seeks To Change Discretionary Result Reached By INS Unless Constitutional Or Statutory Error Is Alleged
In Guiterrez-Chavez v. INS, No. 00-56149 (9th Cir. Jul. 31, 2002), the court held that the habeas statute at 28 USC 2241 did not allow the court, in the absence of constitutional or statutory error, to second-guess the manner in which the INS chose to exercise its statutory discretion.
DOL Finds Employer Committed Wage Violations
In the Matter of Administrator, Wage & Hour Division v. Digicom Infotek Systems, Inc., No. 2001-LCA-6 (OALJ, Jul. 8, 2002), the Office of Administrative Law Judges approved the Employer's motion to withdraw its request for hearing on the Wage & Hour Division's finding that the Employer willfully failed to pay the required wage to four H-1B non-immigrant employees and misrepresented the prevailing wage on a Labor Condition Application.
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Change Of Address Enforcement Opposed
The Journal News reports "Advocates for immigration and those who support tighter restrictions have uncharacteristically united in criticism of a U.S. Justice Department decision to require noncitizens to report all changes in their addresses."
On Undocumented Workers
An opinion column in the Miami Herald says "Let's talk about the country and its people -- ''all'' its people -- including those who support the nation's economy without getting credit."
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Letters to the Editor
Amen to your comments - long live freedom of diverse thought and the ability
to print it...
Jill H. Stover
Legal Assistant, Immigration
BP America Inc.
M. Johnson in his letter to the editor published on July 31, might like to
read Shakespeare before quoting him. The phrase: "The first thing we do,
let's kill all the lawyers", comes from Henry the Sixth, Part 2, Act IV,
Scene 2 when Cade, a rather deranged populist, talks about his plans when he
becomes king, and is joined by Dick who speaks the line. In context, the
quotation is a positive one on the role of lawyers-who are the first line of
defense against a failure of law and justice.
Eugene Goldstein, Esq.
For the average reader, the comments made by Rep. McKinney (D-GA)
before Congress, which ilw published yesterday, are simply a little
over-the-top, not quite credible, and difficult to follow. However,
for those of us in Georgia who read about McKinney on a daily basis,
it is a great lesson on why we should first learn to live with and overcome
stupid immigration laws that mock the principles this Nation was
founded on. Then work to reform the political process second, since this
Warner Robins, GA.
My criticism is that your publication, while good at providing up to the minute hard news, falls short on occasion by resorting to "tabloid" journalism in the selection of both news articles and readers letters.
Really, there is no benefit to anyone to bash immigration lawyers, or to publish a letter from a reader who makes the blanket statement that "all immigration attorneys take advantage of Americans and immigration law", as sent in by an anonymous subscriber. Good editorial judgment would just have let that nonsensical statement pass by.
I hope your publication does not turn into a forum for organized politically motivated extremists to air their views.
Stick to hard news and worthy commentary . . . both sides, of course . . . . but have the good editorial judgment to keep the crackpots out of your publication.
David Murray, Esq.
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