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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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.

Due to increase in demand the USCIS announced that it will not extend the period in which it temporarily accepted H-1B petitions filed with uncertified Labor Condition Applications (LCAs). The period to extend H-1B petitions for 2010 will not be honored at this time and all petitions must be filed in or before the due date stated.

Save Years of Waiting time with a National Interest Waiver

Question: I have many years of experience doing the work that I do and I’m very good at it. However, I do not want to wait years for a PERM visa number to be available. Are there any other options for getting a green card employment based visa?

Answer: Actionally there is another option for getting a green card employment based visa. It is called a National Interest Waiver. In these types of cases known as EB-2 cases, the employer offering the foreign national employment must file the preference petition on Form I-140, except when the alien is seeking an exemption from the job offer requirement, in which case the the foreign national or any person on his or her behalf may file the petition. To be exempt from the job offer requirement, the USCIS must determine that an exemption would be in the national interest. Hence the name ‘national interest waiver’ as a way of getting a green card employment based visa. A labor certification or PERM is not required if the job offer requirement is waived. In 1998, the government designated its first precedent decision discussing the standards governing national interest waiver requests. The case which was decided NYSDOT did make it quite difficult to get a National Interest Waiver for getting a green card employment based visa approved. The decision established stricter standards for obtaining national interest waivers than those applicable in the past. Getting a green card employment based visa meant for many having to wait years for the visa number to become current. For years, the government had declined to issue a comprehensive and controlling definition of national interest and instead had advised the Service Centers to treat petitions involving national interest waiver requests on a case-by-case basis. This made it difficult for attorneys to prepare the national interest waiver. It made it necessary to look at all options for getting a green card employment based visa. The Administrative Appeals Office (AAO) had issued several non-binding decisions after enactment of the national interest program that elaborated on the applicable standard. The AAO took the position that the alien’s admission must provide a benefit to the country beyond a “prospective national benefit” which all exceptional ability and advanced-degree aliens must establish prior to their admission. In the years immediately after the enactment of the national interest waiver provision, the legacy INS had granted such waivers with some frequency relying in part on these early AAO decisions. In more recent years, however, the Service Centers began applying a more exacting standard to such requests requiring petitioners to establish, for example, that the alien possesses unique knowledge, abilities, or experience that set him or her apart from others in the field. The 1998 precedent decision continued this trend. Under the standards, it is critical that the National Interest Waiver be prepared with an abundance of evidence and exacting arguments to try to get the case approved. If successful, years of waiting time will be avoided.

Question: What must be established to get a National Interest Waiver so that other options for getting a green card employment based visa need not be considered?

Answer: The AAO held that the three factors must be considered when evaluating a request for a national interest waiver. First, the petitioner must establish that the alien’s proposed employment is in an area of substantial intrinsic merit. The importance of the occupation or the field of endeavor must be established as a threshold requirement. If a particular field of endeavor is related to an important national goal, this requirement should not be difficult to meet. If this is met you will not need to see what other options exist for getting a green card employment based visa. Eligibility for a national interest waiver is not established, however, solely by a showing that the alien’s field of endeavor has intrinsic merit. Blanket waivers for national interest waivers do not exist. Each must be approved seperately.

Second, the national interest waiver must be shown that the proposed benefit will be national in scope. If this can be shown, then getting theis type of green car employment based visa becomes much easier. The emphasis of this factor is on the existence of a national goal that the alien’s proposed undertaking will promote. Merely serving a regional, local, or private interest is not sufficient. The correlation between the national goal and the alien’s activity need not be direct, however. For example, in the 1998 case, the beneficiary’s occupation-the proper maintenance and operation of New York’s bridges and roads connecting the state to the national transportation system-met this threshold. While the alien’s employment was limited to a particular geographic area, the AAO noted that New York’s bridges and roads connect the state to the national transportation system. The proper maintenance and operation of these bridges and roads therefore serve the interests of other regions of the country.

Finally, it must be established that the “significant” benefit derived from this particular alien’s participation in the “national interest” field of endeavor “considerably” outweighs the “inherent” national interest in protecting U.S. workers through the labor certification process. This would be the key in getting the national interest waiver for this type of green card employment based visa. This standard sets up a balancing of interests, with the national interest in the labor certification process weighing in on one side as a strong adverse factor in granting the national interest waiver.

Thus, to get the national interest waiver is not easy. However, when you weigh putting together a good petition with a chance of succes verses waiting years for other types of green card employment based visas, it is a good alternative to try to obtain residency.

Clarification of CA9 held that the offense of “unlawful sexual intercourse with a minor” under California Penal Code does not meet the definition of “aggravated felony” in 8 U.S.C. § 1101(a)(43)(A), which includes “sexual abuse of a minor.” The determination of the two offenses can be determined by a case by case basis.

In an effort to clarify regulations for those applying for Asylum in the US, the USCIS issued an information collection request on Form I-730, Refugee/Asylee Relative Petition.

Additional challenges will be faced by immigrants from Iraq that intend to live and work in the US. GAO issued a report on Iraqi refugees and special immigrant visa holders. GAO analyzed data on Iraqi refugees and SIV holders in the United States, and laws and regulations on the benefits afforded to them. More data of long term positive or negative benefits will be examined this year.

Burden of proof and reliable evidence in CA9 granted in part and remanded for further proceedings consistent with Sandoval-Lua to permit government to put forth evidence to show petitioner was convicted of controlled substance offense.

In regards to recent battery and family violence charges of those applying for immigration petitions the BIA remanded, finding respondent’s family violence battery conviction is not aggravated felony crime of violence because term of imprisonment of at least 1 year was not imposed. Matter of Kim (BIA 2010).

Petitions regarding fear of torture in one’s country came under stricter regulations. CA8 denied petition, finding that Convention Against Torture’s specific intent element cannot be satisfied by a showing that severe physical or mental pain or suffering is merely the foreseeable consequence of a deliberate action.

In an effort to help those border patrol officials to do their jobs the US found theses officers entitled to qualified immunity for any possible constitutional violations that he may have committed in asking the van’s passengers questions about their immigration status and in contacting ICE.