How can I leave the U.S. with an expiring Green Card?
Question: I have heard that most things are taking longer at the United States Citizenship and Immigration Services. My problem is that I must renew my Green Card as it is expiring. However, my father is gravely ill and I want to visit him before he dies. What can I do?
Answer: First, if you leave the U.S. without having a valid Green Card, you will not be able to return to the U.S. and you will have very significant problems. You are correct that in that many applications at USCIS are taking longer. Just recently, U.S. Citizenship and Immigration Services (USCIS) announced the launch of the I-90 pilot project in Los Angeles that will reduce the wait time to replace or renew a permanent resident card or green card from a year to less than a week. The pilot project takes advantage of electronic filing of applications on the USCIS website offering persons such as yourself a convenient and simple-to-use alternative to mailing in applications for benefits.
“This pilot allows us to dramatically reduce the time it takes to process an application for renewal or replacement of a green card,” said Jane Arellano, Los Angeles District Director. “All it takes, once the applicant has filed electronically, is a visit to one of our Application Support Centers. Applicants get a new green card in less than a week, in most cases.” Customers wanting to take advantage of the new I-90 pilot can go to www.uscis.gov and file by using the E-Filing feature. The receipt that’s produced by that transaction shows a toll-free number that applicants can call to make an appointment at the USCIS Application Support Center (ASC) that is closest to them. During the visit, the ASC will order a permanent resident card for customers to receive in under a week. The current wait time for green cards to be produced by the USCIS California Service Center is just under one year. Customers who wish to speed up the process of an already-filed I-90 application can elect to re-file electronically, and participate in this new pilot program. Second-time filers will pay a second fee. “We are offering our customers a quicker and more convenient way of doing business,” said Jane Arellano, Los Angeles District Director. “This new pilot will allow us to offer the kind of service that our customers need and deserve.”
The I-90 pilot project in Los Angeles is one of several USCIS Internet-based customer service initiatives.
In March, USCIS also launched InfoPass in Los Angeles. This customer friendly initiative allows customers to go online instead of waiting in long lines at the Los Angeles District Office to make an appointment with an information officer. Before InfoPass, customers would start lining up at the USCIS office in Los Angeles early in the morning; some customers would wait all day. InfoPass means the end of long lines and has the potential to eliminate lines completely. InfoPass began in Miami and was also recently implemented in Dallas. USCIS plans to expand InfoPass in Arlington, VA, New York City, and Detroit.
Thus, in the computer age, CIS is finally taking advantage of the technology. Therefore, if there are no other issues in your case and you happen to live in the Los Angeles area, you can use this service. If it works, it is likely to spread over the entire U.S. as time passes. The same is true of InfoPass.
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H-1B Program helps the U.S. Economy

Question: I have heard various conflicting things about the H-1B Program. Some say it hurts the U.S. economy and others say it helps. Can you let me know your thoughts on the H-1B program?

Answer: The H-1B Program is limited to alien workers filling positions in “specialty occupations” for which the alien workers have the necessary credentials. A “specialty occupation” is defined as a theoretical and practical application of a body of highly specialized knowledge; and attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. The H-1B Program is meant for persons with college educations.

Question: What types of jobs are available under the H-1B Program?

Answer: Approximately 54% of all H-1B petitions approved in 2008 under the H-1B program were for workers born in India (workers from China, Canada, Philippines, Korea, and the United Kingdom were the next largest users of the H-1B category). Two-thirds of the H-1B petitions approved under the H-1B program in 2008 were for workers between the ages of 25 and 34 (the next largest segment were workers between the ages of 35 and 39).Forty-three percent of H-1B petitions approved under the H-1B program were for workers with a bachelor’s degree, 41% for workers with a master’s degree, 11% for workers with a doctorate, and 5% for workers with a professional degree (in total, 99% had earned at least a bachelor’s degree and 57% had earned at least a master’s degree). Almost half of H-1B petitions approved in 2008 under the H-1B Program were for workers in computer-related occupations (occupations in architecture, engineering, and surveying comprised the second largest group, and occupations in education, administrative specializations, and medicine and health were the next largest groups). As to specific occupations, 44% of approved petitions under the 2008 H-1B Program were for systems analysts and programmers. Occupations in colleges and university education (university professors and teachers) were the second largest group (7.3%). Other large groups included: other computer-related occupations (4.3%), accountants, auditors, and related occupations (3.8%), electrical/electronics engineering occupations (3.6%), and physicians and surgeons (2.8%). The median salary remained at $60,000 in 2008 for the H-1B Program. About 50% were scheduled to earn between $50,000 and $83,000. Median compensation ranged from a low of $35,500 for occupations in religion and theology to a high of $125,000 for occupations in law.

Question: Under the H-1B Program, what are the general qualifications of the H-1B worker?

Answer: Aliens seeking to perform services in a specialty occupation must establish that they have the qualifications to undertake the services required for that specialty occupation under the H-1B program.. At a minimum, an alien in a specialty occupation must document that he or she has full state licensure to practice in the occupation, if such licensure is required to practice. The alien must also establish that he or she has completed the degree required as the minimum standard for entry into the occupation in the United States, or has experience in the specialty equivalent to the completion of such degree and recognition of expertise in the specialty through progressively responsible positions in the occupation. Because the economy is still not doing well, there are plenty of H-1B’s left. Therefore, if you want to get under the H-1B Program, you should move on the petition so that it will be in this years allotment. Be sure you have a qualified immigration attorney prepare the H-1B petition as there are many different parts that must be properly completed.

In a case involving an immigrant to the US the court denied petition in asylum case finding BIA did not abuse its discretion in denying relief based on the statutory requirement that one must be present in the U.S. to be eligible for asylum.

In a landmark case the Supreme Court reversed and remanded, holding that criminal defense counsel must inform illegal alien clients whether the plea carries a risk of deportation.

To help people in the healthcare industry the USCIS invites medical professionals and legal practitioners who assist medical professionals to participate in a listening session on 3/26/10 to hear healthcare industry concerns regarding the January 8, 2010 H-1B memo

In a recent meeting with governmental officials President Obama issued a statement on the bipartisan immigration reform framework proposed by Senators Schumer and Graham. The President called the framework “promising” and pledged to do everything in his power to forge a bipartisan consensus this year on this issue.

The Republicans need to stop blaming the Democrats as to why there is no immigration reform. Likewise, the Democrats need to stop blaming the Republicans. Also, the people need to stop blaming President Obama. In otherwords, let’s all work together to get Congress to put together and pass a comprehensive Immigration Reform so that 12 million illegal aliens do not need to hide in the shadows of our country to obtain legal residency.

In light of the Haitian disaster and to protect the Haitian orphans from possible illegal adoptions the USCIS announced that, beginning April 1, 2010, USCIS is centralizing processing and adjudication of all new orphan (Non-Hague) petitions with the agency’s specialized adoptions team at the National Benefits Center (NBC) in Missouri.

To combat discrimination against immigrants ICE issued information on how to file a complaint alleging racial profiling, due process violations or other violations of civil rights and civil liberties related to the Secure Communities initiative.

Abuse of immigrant spouses prompts law makers to review case. In a landmark hearing the BIA held that a misdemeanor conviction for willful infliction of corporal injury on a spouse under California law qualifies categorically as a conviction for a “crime of violence” under 18 U.S.C. § 16(a) (2006).

In light of the recent natural catastrophes in Chile, USCIS reminds Chileans of U.S. immigration benefits available to eligible Chilean nationals upon request. These benefits will be evaluated on a case by case basis.