Immigration.com Law Offices of Rajiv S Khanna
5225 N. Wilson Blvd.
Arlington, VA 22205-1148
Voice: (703) 908-4800
Email: rskhanna@immigration.com
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We take no responsibility for any inaccuracy in the information presented. Note also, that the interpretation of the law can vary substantially according to the regulations and policy promulgated by the BCIS (INS) and other concerned government agencies. Law Offices Rajiv S. Khanna, P.C.

Please sign the General I-485 backlog petition


Legal News
News from the Agencies
Congressional News
Answers to your Questions



Legal News

 

News Bulletin    

Visa Bulletin for November 2003
This bulletin summarizes the availability of immigrant numbers for the month of September 2003.
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Please sign the General I-485 backlog petition    

We want to draw your attention to the excruciatingly slow progress of our I-485 applications at California, Nebraska, Texas and Vermont Service centers. Please sign the petition and add your own comments including any personal experience or opinion that would support the petition.    More...

 

Dept. of State Adds List of Terrorist Organization    

The DOS determined that Dhamat Houmet Daawa Salafia (also known by a number of other names) "has committed, or poses a significant risk of committing, acts of terrorism that threaten the security of U.S. nationals or the national security, foreign policy, or economy of the United States."    More...

 

DREAM Act Updates - 10/27/03    

Statistical Report for August 2003 Released by Office of Immigration Statistics    

The DHS's Office of Immigration Statistics has released its monthly statistical report for the month of August 2003, for inspections, Southwest Border Apprehensions, Immigration Benefits, Naturalization, Removals, Investigations, and Asylum.    More...

 

Adding and Removing Institutions to and From the List of Recognized American Institutions of Research

   

Vermont Service Center Processing Time Report    

Vermont Service Center Processing Time Report as of 10/15/2003.    More...

 

National Processing Times - I-485/EAD/AP    

Processing times for local offices as of September 2003.    More...

 

GAO Report on the Haitian Refugee Immigration Fairness Act (HRIFA) of 1998    

The GAO, on 10/17/03, sent a report to the Senate and House Committees on the Judiciary and Appropriations concerning benefit applications under the Haitian Refugee Immigration Fairness Act.    More...

 

DHS Seeks Comments    

Various compononents of the DHS sought comments as follows: BCIS- Petition for Alien Relative, Form I-130; BCBP- visa waiver program passenger arrival and department data; passenger list, crew list, Form I-418; BICE- aircraft/vessel report, Form I-92; Visa Waiver Program Carrier Agreement, Form I-775; fee remittance form for certain F-1, J-1 and M-1 nonimmigrants, form I-901 .    More...

 

J-1 Shortage-Area Waiver Program Temporarily Suspended: HHS    

The HHS has suspended the J-1 shortage-area waiver program temporarily, because the policy is under review. Effective from October 1, 2003 the HHS stopped taking applications and when this process will be resumed is not confirmed. Under review are policies regarding state health department and federal Interested Government Agency coordination, and the continued placement of physicians based upon Medically Underserved Area/Medically Underserved Population designations.

 

GAO Report on Actions Taken to Strengthen Procedures for Issuing Social Security to Non Citizens    

Gao Issues report about actions taken to strengthen procedures for issuing SSNs to non-citizens.    More...

 

MOU on Visa Oversight Rules Became Effective on Sept. 30, 2003    

The Memorandum of Understanding (MOU) on visa oversight rules between the DOS and DHS became effective on 9/30/03 when the President published notice in the Federal Register.    More...

 

Religious Workers Program Extended To 2008    

The Congressional Recorded reported that H.R. 2152, to amend the INA to extend for an additional 5 years the special immigrant religious worker program was signed into law on October 15, 2003 as Public Law 108-99.    More...

 

BCIS Releases Transmittal Letter and Memo for U Status    

BCIS Assoc. Director of Operations William Yates, instructs the field that, until regulations are issued, filing of requests for U interim relief should be at the Vermont Service Center.    More...

 

Internationally Recognized Alien Athletes, Artists, and Entertainers (P-1/P-2/P-3)    

The Office of Business Liaison of the BCIS issued an Employer Information Bulletin on P Visas.    More...

 

I-9 Documentation Review    

The Office of Business Liaison of the BCIS issued an Employer Information Bulletin on I-9 Document Review.    More...

 

DHS Enhancing Enforcement of Travel Restrictions to Cuba    

The Department of Homeland Security will step up enforcement of travel restrictions to Cuba that are already in place. Enforcement efforts will be enhanced to curtail illegal travel and transport of goods and funds to Cuba. Also, the Department will be involved in the expansion of programs that promote the safe, legal, and orderly migration from Cuba.    More...

 

BCIS Publishes VAWA Training Materials    

BCIS Published Training materials with respect to VAWA applications.    More...

 

California Service Center Processing Time Report    

California Service Center Processing Time Report as of 10/1/03    More...

 

DOS Notice Regarding Summer Work Travel Program    

State Dept. notice to exchange visitor sponsors indicates that the summer work travel program is still under review and the Department will now consider requests for additional allotment of forms DS-2019 for use by participants entering the United States on or after November 15, 2003, and whose program will be completed prior to June 1, 2004.    More...

 

FBI Memo to Excercise the Powers and Duties of Immigration Officers    

FBI memo advises field offices of authority to exercise immigration enforcement functions in some circumstances, and provides guidance on implementation of the authority.    More...

 

BCIS Updates-10/10/03    

 

US to scrap visa issuance fee for Indian students    

A rupee goes a longer way towards visiting the US these days. Thanks to a stronger currency, US missions in India will reduce and, in one case, abolish non-immigrant visa fees for Indians starting Saturday.    More...

 

US to scrap visa issuance fee for Indian students    

A rupee goes a longer way towards visiting the US these days. Thanks to a stronger currency, US missions in India will reduce and, in one case, abolish non-immigrant visa fees for Indians starting Saturday.    More...

 

Vermont Service Center Processing Time Report    

Vermont Service Center Processing Time Report as of 10/1/03.    More...

 

DOS Cable Announces Postponement of Deadline for Machine Readable Passports Until October 26, 2004    

The State Department's cable to all posts instructs that the requirement that travelers have machine readable passports to be admitted under the visa waiver program is postponed until 10/26/04 for 21 countries.    More...

 

Nebraska Service Center Processing Time Report    

Nebraska Service Center Processing Time Report as of 10/1/03.    More...

 

EOIR Issues CPC Asylum Press Release and Fact Sheet    

On 9/30/03 EOIR Issues CPC Asylum Press Release and Fact Sheet, EOIR sent notification of final asylum eligibility to those who received conditional grants of asylum based on coercive population control (CPC) policies and are now eligible.     

DHS Releases FY2004 Budget Fact Sheet    

President Bush signed the first ever homeland security appropriations bill at the Department of Homeland Security, continuing his commitment to protect the American people. Overall, the Department's FY 2004 budget authority totals $37.6 billion: $30.4 billion provided by the Congress plus an additional $7.2 billion in fees.    More...

 

USCIS Releases Training Material on 245(k), Affidavits of Support and 212(h) Waivers    

 

CRS Report on Immigration of Religious Workers    

A report by the Congressional Research Service (CRS) reviews the religious worker immigrant category, admission trends, and legislative actions taken thus far to extend this program until 2008.    More...

 

The Department of State Seeks Comments On DV Form    

The Department of State sought comments on Supplemental Registration for the Diversity Immigrant Visa Program, Form DSP-122; and Electronic Diversity Visa Entry Form, Form DS-5501 .    More...

 

Legal Status Of Unemployed H-1Bs In US Should Be Addressed: GAO    

The Government Accounting Office of Congress issued a report on H-1B foreign workers saying "In order to improve program management, we also recommend that the Secretary of DHS issue regulations that address the extent to which unemployed H-1B workers are allowed to remain in the United States while seeking other employment."    More...

 

GAO Testimony on Counterfeit Identification    

Testimony of the GAO, before the Committee on Homeland Security, on the subject of counterfeit identification documents and the threat they pose to homeland security.    More...

 

Redesignation of Foreign Terrorist Organizations    

The Secretary of State redesignated 25 groups as Foreign Terrorist Organizations under U.S. law on October 2, 2003. The initial designations of these groups in 1997 and 1999 are due to expire on October 3, 2003.    More...

 

Eligibility of Children Born out of Wedlock for Derivative Citizenship    

A 9/26/03 USCIS memo from William Yates interprets Sections 320 and 322 to indicate that children born out of wedlock and not legitimized are eligible for derivative citizenship when the mother becomes a naturalized citizen.    More...

 

Guidelines for Service Center to Issue Form I-862, Notice to Appear (NTA)    

A 9/12/03 USCIS memo from William Yates provides field guidance on the initial phase of the program for service centers to issue NTAs. Officers are reminded that the 11/17/00 Meissner memo on prosecutorial discretion remains in force.    More...

 

DHS Seeks Comments    

The Bureau of Customs and Enforcement sought comments on the Alternative Inspection Services Application and FAST Commercial Driver Application, Forms I-823 and 823F. The Bureau of Citizenship and Immigration Services sought comments on the Student and Exchange Visitor Information System (SEVIS) and the application for Authorization to issue health care certificates, Form I-905.    More...

 

Introduction of Revised Form N-600 and New Form N-600K by CIS    

The CIS announces implementation of the revised Form N-600, Application for Certificate of Citizenship, and a new Form N-600K, Application for Citizenship and Issuance of Certificate under Section 322. These two forms have replaced the previous edition of Form N-600 as well as Form N-643, Application for Certificate of Citizenship on Behalf of an Adopted Child, and Form N-600/N-643 Supplement A, which have been withdrawn.    More...

 

BCBP Announces Public Meeting of the Airport and Seaport User Fee Advisory Committee on October 22, 2003    

The 26th meeting of the Airport and Seaport User Fee Advisory Committee will be held on Wednesday, October 22, 2003. The meeting also invites submission of written statements. In order to be considered for discussion at the meeting, a statement must be received by the Committee at least five days prior to the date of the meeting.    More...

 

DOS Spokesman Responds Regarding the statement by the Cuban Foreign Minister that Cubans may Visit Cuba Without a Visa    

State Dept. spokesman Richard Boucher responds to a press question regarding the statement by the Cuban Foreign Minister that Cubans living outside the country may visit without a visa.    More...

 

Director Aguirre Speaks About USCIS at Recent Migration Policy Institute Discussion    

 

Texas Service Center Processing Time Report    

Texas Service Center Processing Time Report as of 9/30/03.    More...

 

Handling of Labor Condition Applications - DOL    

With Respect to the Dependent employers on the LCA form, Section F of the form and directions will be emptied out.Text will be added to this empty section of the instructions explaining why the change happend and what changes took place.A descriptive note will be added on the web site near the form and can be downloaded.The LCA online system will also have the section F marked or blanked out. This change might happen after Friday due to other priorities. OMB granted a temporary extension under the Paperwork Reduction Act to extend the form through November 30, 2003. Hence the change will be made on both the systems.     

Affirmative Asylum Procedures Manual    

The Asylum Division of the Office of International Affairs released its affirmative asylum procedures manual    More...

 

Resumption of Adoption Processing by USCIS in Guatemala    

The Bureau of Citizenship and Immigration Services announced that BCIS-Guatemala resumed processing applications for adoption and emigration of orphans.    More...
 

Cubans Living In the United States Do Not Need Visas To Enter Cuba    

Foreign Minister of Cuba has given Statement that Cubans Living In the United States Do Not Need Visas To Enter Cuba.    More...
 

BCIS Seeks Comments for Form I-923; Application for USAccess (U.S. Automated Check-in, Clearance, and Entry Support Services)    

BCIS proposed a new collection of information; Form I-923, entitled Application for USAccess (U.S. Automated Check-in, Clearance, and Entry Support Services). This collection will be used to enroll applicants in the USAccess pilot program to prescreen applicants in order to expedite U.S. citizens seeking admission to the Washington/Dulles International Airport (IAD) arriving from London/Heathrow Airport (LHR).    More...

 


News from the Agencies
VSC Updates - 10/27/03

Service Center Operations Updates - 10/15/03

Service Center Operations Updates - 10/22/03    

Service Center Operations Updates - 10/15/03    

EOIR Updates - 10/15/03    

Service Center Operations    

Nebraska Updates - 10/01/03    

Inquiry Number for VAWA Cases at VSC    

At Vermont Service Center, Inquiry Number for VAWA Cases is (802) 527-4888.    


Congressional News
Hot Bills, 108th Congress    

Immigration-related bills introduced during the 108th Congress    More...

Hot Bills, 107th Congress    

List of immigration-related bills introduced during the 107th Congress.    More...


Answers to your Questions from Rajiv S. Khanna
My sister in law is going through a difficult marraige and is currently seriously considering filing for divorce and she is currently living away (in India) from her husband for the last month.She is a Green Card holder which she acquired through her husband (she was on H-4 before she acquired the green card). She got her green card in 2001.My question is can her husband call the INS and cancel her Green Card since she is not living with him anymore and she acquired the green card through him (as a dependent).    



Because of the current restrictions and cap imposed on H1 visas I have been hearing that even straight forward and genuine cases are being rejected.    



My daughter is married to a Merchant Navy Officer. She had applied for USA visa, which has been issued to her as B1/B2 multiple entry with an Annotation "JOINING HUSBAND ON BOARD SHIP". They both sailed together to various other countries and now she is back. Now on this visa can she go to the US as a tourist?