Set Text Size:

S

S

S

2005

  • USCIS Memo on Guidance for Adjudicating Priority 3 Derivative Child Applicants Who Have Turned 21(716 KB - 8/15/2005)
    USCIS memo from Joseph Cuddihy distinguishing between access to and eligibility for the Priority 3 program and providing guidance on how to classify derivative beneficiaries who turn 21 before the principal applicant files Form I-590 (i.e., is interviewed by a USCIS officer).
    AILA Doc. No. 05081599.
  • Ombudsman Recommendations on AAO Processing(92 KB - 12/7/2005)
    CIS Ombudsman’s 12/6/05 recommendation to USCIS that the AAO make available the appellate standard of review, the process under which cases are deemed precedent decisions, the criteria used to select cases for oral argument, and statistics on decision making by the AAO.
    AILA Doc. No. 05120781.
  • E-3 Specialty Occupation Workers and Employment Authorization for E-3 Dependent Spouses(324 KB - 12/15/2005)
    A 12/15/05 memo from Michael Aytes, USCIS Acting Associate Director for Domestic Operations providing guidance to the field (in particular, the VSC) on implementation of the new E-3 visa category for Australian nationals created by the REAL ID Act.
    AILA Doc. No. 05121590.
  • CIS Ombudsman Recommendation that USCIS Utilize I-797 for Asylum Approval Notifications(87 KB - 12/7/2005)
    CIS Ombudsman’s 12/7/05 recommendation to USCIS that the Asylum Division utilize the automated and standardized USCIS Notice of Action Form (I-797) that includes Form I-94 for asylum approval notifications.
    AILA Doc. No. 05120780.
  • USCIS Revises I-864 Documentation Requirements(1661 KB - 12/2/2005)
    A 11/23/05 memo from Michael Aytes, USCIS Acting Associate Director for Domestic Operations, regarding new policy for Form I-864, Affidavit of Support.
    AILA Doc. No. 05120210.
  • USCIS Memo on FBI Name Check Expedite Criteria(297 KB - 11/16/2005)
    A 1/05 memo from USCIS in Newark listing criteria to be considered in determining whether to expedite an FBI name check request. Courtesy of Dan Kowalski.
    AILA Doc. No. 05111690.
  • USCIS Memorandum on Section 209(c) Waivers for Refugees and Asylees(335 KB - 11/9/2005)
    A 10/31/05 memo from Michael Aytes, USCIS Acting Associate Director of Domestic Operations, regarding procedures for processing waivers of excludability for refugees and asylees under Section 209(c) of the Act.
    AILA Doc. No. 05110962.
  • USCIS Revises Procedures for Self-Petitioning Battered Spouse or Child(310 KB - 11/9/2005)
    A 10/31/05 memo from Michael Aytes, USCIS Acting Associate Director of Domestic Operations, regarding amendments made to the self-petitioning procedures made by the Victims of Trafficking and Violence Protection Act (VTVPA).
    AILA Doc. No. 05110961.
  • USCIS Memo on H-1B/L-1 Recapture(379 KB - 11/3/2005)
    A 10/21/05 memo from Michael Aytes, USCIS Acting Associate Director for Domestic Operations, regarding procedures for determining the amount of time that can be recaptured for H-1B and L-1 nonimmigrants who have been out of the country.
    AILA Doc. No. 05110363.
  • USCIS Refuses to Recapture Fiscal 2005 Chile/Singapore H-1B Numbers (10/25/2005)
    A 10/21/05 letter from Pamela Turner, DHS Assistant Secretary for Legislative Affairs, responding to a letter from Senators on the Immigration Subcommittee, refusing to follow their request to add unused fiscal 2005 Chile and Singapore H-1B1 numbers back into the H-1B pool.
    AILA Doc. No. 05102571.
  • ICE Issues Memo on Prosecutorial Discretion to Dismiss Adjustment Cases(547 KB - 10/13/2005)
    A 10/6/05 memo from William Howard, ICE Principal Legal Advisor, outlining procedures by which ICE Chief Counsel may join or file a motion to dismiss proceedings without prejudice when it determines that adjustment applications at EOIR would be appropriate for USCIS approval.
    AILA Doc. No. 05101360.
  • Ombudsman Recommendation that USCIS Mail All Asylum Decisions(91 KB - 10/12/2005)
    CIS Ombudsman’s 10/12/05 recommendation to USCIS that all asylum decisions should be sent certified return/receipt or regular mail via USPS to all asylum applicants, thus eliminating the existing “pick up” decision delivery process.
    AILA Doc. No. 05101280.
  • USCIS Guidance Memo on Numerous PERM-Related Issues(359 KB - 10/12/2005)
    A 9/23/05 memo from William Yates, USCIS Associate Director for Operations, providing guidance to the field on how PERM will impact labor certification validity; priority dates; 7th year H-1B requests; and duplicate labor certification requests.
    AILA Doc. No. 05101269.
  • USCIS Memorandum Addresses Remedial Measures Necessary to Assist Hurricane Victims(308 KB - 10/12/2005)
    A 10/5/05 memo from Michael Aytes, USCIS Acting Associate Director for Domestic Operations, discussing measures to be taken in order to assist individuals and entities affected by Hurricanes Katrina and Rita with their immigration-related problems.
    AILA Doc. No. 05101264.
  • DHS Advises on Fee Waivers for Hurricane Katrina Victims (9/23/2005)
    A 9/19/05 memo from William Yates, USCIS Associate Director for Operations, advising the field to adhere to the current fee waiver process guideline sand respond generously to those affected by the hurricane.
    AILA Doc. No. 05092340.
  • USCIS Memo on Processing of Forms I-140 for Certain Schedule A Occupations(94 KB - 9/23/2005)
    A 9/23/05 memo from William Yates, USCIS Associate Director for Operations, discussing processing of pending Forms I-140 for Schedule A/Group I or II occupations missing evidence of compliance with DOL notification/posting requirements.
    AILA Doc. No. 05092390.
  • Draft DHS Employee Handbook on Katrina Issues(384 KB - 9/20/2005)
    Draft of handbook being prepared for DHS employees regarding issues arising from Hurricane Katrina.
    AILA Doc. No. 05092061.
  • CBP Inspectors Field Manual on Issuance of I-94s to Refugees (8/30/2005)
    Excerpt from CBP Field Manual regarding the process for issuance of I-94's for refugees and derivative or following-to-join asylees. Courtesy of Christina DeConcini.
    AILA Doc. No. 05083068.
  • Ombudsman Recommendation that USCIS Publish Monthly Usage of H-1B/H-2B Visas(85 KB - 8/28/2005)
    CIS Ombudsman’s 8/28/05 recommendation that USCIS publish on a monthly basis the number of nonimmigrant visas issued against the annual numerical limitation on H-1B/H-2B visas and publish more frequent updates when the numerical cap is close to being reached.
    AILA Doc. No. 05082880.
  • USCIS Memo Implementing L-1 Reform Act of 2004(559 KB - 8/5/2005)
    A 7/29/05 memo from William Yates, USCIS Associate Director for Operations, instructing the field on the new limitations on L-1 eligibility for certain third-party worksite situations and the return to a 12-month employment abroad requirement for all L-1s.
    AILA Doc. No. 05080566.
  • Ombudsman Recommendation that USCIS Eliminate “Return Service Requested” Postmark(140 KB - 7/29/2005)
    CIS Ombudsman’s 7/29/05 recommendation that USCIS eliminate the postal meter mark “Return Service Requested” on USCIS envelopes, thereby allowing all USCIS correspondence to be forwarded to applicants/petitioners.
    AILA Doc. No. 05072980.
  • USCIS Memo on Revised Interview Waiver Criteria for Form 1-751(169 KB - 7/24/2005)
    A 7/24/05 memo from William Yates, USCIS Associate Director for Operations, providing additional guidance on when to transfer a Form 1-751, Petition to Remove Conditions of Residence, from a Service Center to a District Office for interview.
    AILA Doc. No. 05072490.
  • DHS Issues Fact Sheet on Confidentiality Regulations in Asylum Cases (6/24/2005)
    DHS Asylum Division Director Joseph Langlois issues a comprehensive fact sheet addressing confidentiality regulations as they pertain to disclosure of asylum-related information to third parties. Included are a synopsis of the regulations, the regulations in their entirety, and answers to FAQs.
    AILA Doc. No. 05062440.
  • USCIS Guidance Memo Describes New Schedule A Requirements(884 KB - 6/17/2005)
    A 6/15/05 memo from William Yates, USCIS Associate Director, regarding the documentation acceptable for a Schedule A immigrant petition both before and after 5/28/05, the effective date of the PERM regulation.
    AILA Doc. No. 05061761.
  • USCIS Memo Summarizes REAL ID Provisions (6/15/2005)
    Content of a memo circulated within USCIS summarizing the provisions of the REAL ID Act.
    AILA Doc. No. 05061564.
  • CIS Ombudsman Recommendation Regarding Refugee Travel Documents(274 KB - 6/10/2005)
    CIS Ombudsman’s 6/10/05 recommendation that USCIS revise the regulations to extend the validity period for refugee travel documents from one year to 10 years and establish a policy of adjudicating I-131 applications for refugees and re-entry permits within six weeks.
    AILA Doc. No. 05061080.
  • USCIS Memo on Locating Accredited Parentage Testing Laboratories(274 KB - 6/2/2005)
    A 4/7/05 memo from William Yates, USCIS Associate Director advising USCIS offices on how to obtain a current list of the American Association of Blood Banks accredited parentage testing laboratories.
    AILA Doc. No. 05060261.
  • CBP Discusses NSEERS Waivers(112 KB - 5/19/2005)
    A 5/6/05 letter from Jayson Ahern, CBP Assistant Commissioner to to AILA Liaison Chair Gregg Rodgers regarding additional guidance on waivers for persons subject to NSEERS registration, and regarding treatment of registered individuals who obtain permanent residence.
    AILA Doc. No. 05051960.
  • USCIS Memorandum on AC21 (5/18/2005)
    A 5/12/05 memo from William Yates, USCIS Associate Director for Operations instructing the field on a variety of AC21 issues. This memo was modified in part by the 12/27/05 Aytes memo on I-140 portability.
    AILA Doc. No. 05051810.
  • USCIS Issues Memo on Procedures under New EOIR Security Clearance Regulations(403 KB - 5/11/2005)
    A 3/31/05 memo from William Yates, USCIS Association Director for Operations, advising on new procedures required under the new EOIR security clearance regulations for respondents filing applications for relief, and for USCIS issuance of immigration documents.
    AILA Doc. No. 05051164.
  • CIS Ombudsman Recommendation Regarding USCIS Inability to Timely Issue Receipt Notices(276 KB - 5/9/2005)
    CIS Ombudsman’s 5/9/05 recommendation that USCIS correct apparent failures of the Chicago Lockbox to timely issue receipt notices to petitioners and applicants within one business day of presentation.
    AILA Doc. No. 05050980.
  • USCIS Letter Addresses Travel After Change of Status(607 KB - 4/25/2005)
    A 8/14/04 letter from Efren Hernandez, USCIS Chief, to AILA member Susan Cohen, discussing the effectiveness of a change of status from F-1 to H-1B if the beneficiary travels between the time the petition was approved and the time it takes effect.
    AILA Doc. No. 05042565.
  • CBP Advises on the New Fraud Prevention and Detection Fee(1282 KB - 4/12/2005)
    An 3/18/05 memo from Michael Hrinyak, CBP Acting Executive Director, advising the field on implementation of the new $500 Fraud Prevention and Detection Fee.
    AILA Doc. No. 05041262.
  • CBP Advises Field on B-1 in Lieu of J-1(850 KB - 4/4/2005)
    A 2/10/04 memo from Jayson Ahern, CBP Assistant Commissioner, advising the field of the use of B-1 in lieu of J-1 for U.S. Government funded travel.
    AILA Doc. No. 05040471.
  • CBP Advises Field of Changed USCIS Photo Standards(1619 KB - 4/4/2005)
    A 8/4/04 memo from Michael Hrinyak, CBP Acting Executive Director, advising the field of new photograph standards for USCIS documents.
    AILA Doc. No. 05040470.
  • CBP Discusses Period of Admission for Religious Workers(1654 KB - 4/4/2005)
    A 10/14/04 memo from Jayson Ahern, CBP Acting Executive Director, advising the field of the proper period of time for which a holder of an R-1 visa should be admitted.
    AILA Doc. No. 05040469.
  • CBP Advises Field of Elimination of Mexican TN Requirements(1442 KB - 4/4/2005)
    A 1/20/04 memo from Jayson Ahern, CBP Assistant Commissioner, advising the field of the elimination of certain extra requirements for Mexican nationals to obtain TN status.
    AILA Doc. No. 05040468.
  • CBP Advises Field of Border Crossing Card Time Limit Changes(1178 KB - 4/4/2005)
    An 8/9/04 memo from Jayson Ahern, CBP Assistant Commissioner, advising the field of changes in the period of time in which a border crossing card holder can remain in the U.S.
    AILA Doc. No. 05040467.
  • CBP Instructs Field on Handling of Expired Green Cards(739 KB - 4/1/2005)
    A 7/26/04 memo from Michael Hrinyak, CBP Acting Executive Director, stating how inspectors should handle arriving permanent residents whose I-551 permanent resident cards have expired.
    AILA Doc. No. 05040167.
  • CBP Addresses Chile/Singapore Free Trade Agreements(2005 KB - 4/1/2005)
    A 4/19/04 memo from Jayson Ahern, CBP Assistant Commissioner, advising the field of the implementation of the immigration sections of the Chile and Singapore Free Trade Agreements.
    AILA Doc. No. 05040166.
  • CBP Instructs Field on 212(d)(3) Waivers(2021 KB - 4/1/2005)
    A 4/8/04 memo from Jayson Ahern, CBP Assistant Commissioner, regarding jurisdiction over, and process for, section 212(d)(3) waivers.
    AILA Doc. No. 05040165.
  • CBP Instructs Field on Health Care Worker Visa Screen Requirements(2965 KB - 4/1/2005)
    A 3/12/04 memo from Jayson Ahern, CBP Assistant Commissioner, addressing the admission of health care workers who require certification.
    AILA Doc. No. 05040164.
  • CBP Instructs Field on Biometric Fees for I-192 Applicants(750 KB - 3/31/2005)
    A 2/16/05 memo from Michael Hrinyak, CBP Acting Executive Director, regarding fees for persons submitting Applications for Advance Permission to Enter as Nonimmigrant.
    AILA Doc. No. 05033112.
  • CBP Instructs Field on Safe Third Country Agreeement(3456 KB - 3/31/2005)
    A 12/22/04 memo from Jayson Ahern, CBP Assistant Commissioner, regarding implementation of the Safe Third Country Agreement.
    AILA Doc. No. 05033110.
  • CBP Instructs Field on International Students with SEVIS Errors(2048 KB - 3/31/2005)
    A 12/22/04 memo from Michael Hrinyak, CBP Acting Executive Director, regarding handling of returning students with errors in SEVIS.
    AILA Doc. No. 05033176.
  • CBP Instructs Field on Machine-Readable Passport Requirement for VWP Applicants(919 KB - 3/31/2005)
    A 10/21/04 memo from Michael Hrinyak, CBP Acting Executive Director, regarding paroling Visa Waiver Program applicants for admission who do not possess machine-readable passports.
    AILA Doc. No. 05033175.
  • CBP Guidance on Paroling VWP Applicants without Machine-Readable Passports(952 KB - 3/31/2005)
    A 10/22/04 memo from Jayson Ahern, CBP Assistant Commissioner, regarding paroling Visa Waiver Program applicants for admission who do not possess machine-readable passports. AILA Doc. No. 05033174.
    AILA Doc. No. 05033174.
  • Inspectors Given Guidelines on Use of Interpreters(7769 KB - 3/31/2005)
    A 7/7/03 memo from Jayson Ahern, CBP Assistant Commissioner providing guidelines for the use of interpreters and interpreter services for the inspections process.
    AILA Doc. No. 05033172.
  • CBP Guidance on TN Admission(1678 KB - 3/31/2005)
    A 10/26/04 memo from Michael Hrinyak, CBP Acting Executive Director, regarding addition of Actuaries and Plant Pathologists to TN occupations, and regarding evidence of licensure.
    AILA Doc. No. 05033173.
  • CBP Process for Verifying SEVIS Fee Payment(12302 KB - 3/31/2005)
    A 12/1/04 memo from Michael Hrinyak, CBP Acting Executive Director, advising CBP officers of procedures to verify payment of the SEVIS fee for students and exchange visitors exempt from the visa requirement.
    AILA Doc. No. 05033166.
  • CBP Advises Field of Fee Changes(6747 KB - 3/31/2005)
    A 4/29/04 memo from Jayson Ahern, CBP Assistant Commissioner, advising CBP officers of new USCIS fees, including fees that are sometimes paid at ports of entry.
    AILA Doc. No. 05033165.
  • CBP Issues Instructions for Processing H-2Bs at POEs(1134 KB - 3/31/2005)
    A 3/3/05 memo from Jayson Ahern, CBP Assistant Commissioner outlining the process for dealing with certain H-2B musicians applying under a pilot program at specified land border ports.
    AILA Doc. No. 05033163.
  • CBP Memo on Admission Procedures for LPR Children(1576 KB - 3/31/2005)
    A 3/15/05 memo from Beverly Zaslow at CBP outlining the process for admitting children as permanent residents.
    AILA Doc. No. 05033162.
  • CBP Issues Instructions for Processing J-2 Admissions(959 KB - 3/31/2005)
    A 3/14/05 memo from from Michael Hrinyak, CBP Acting Executive Director for Immigration Policy & Programs, outlining the process for admitting J-2 nonimmigrants.
    AILA Doc. No. 05033161.
  • CBP Issues Procedures for Admitting HIV Positive Individuals for Conference(1433 KB - 3/31/2005)
    A 3/16/05 memo from Jayson Ahern, CBP Assistant Commissioner, authorizing special blanket waiver procedures for the admission of HIV-infected persons to attend an international conference on HIV/AIDS.
    AILA Doc. No. 05033160.
  • CBP Restates Policy on Correction of I-94s(1335 KB - 3/30/2005)
    A 3/23/05 memo from Michael Hrinyak, CBP Acting Executive Director for Immigration Policy & Programs, restating and reiterating the policy for correcting erroneous I-94 cards.
    AILA Doc. No. 05033043.
  • CBP Establishes Admissibility Review Office(515 KB - 3/30/2005)
    A 3/22/05 memo from Jayson Ahern, CBP Assistant Commissioner, advising the field of the establishment of an office to provide a resource and consistent approach on admissibility determinations.
    AILA Doc. No. 05033042.
  • CBP Field Guidance on Processing Advance Paroles(680 KB - 3/30/2005)
    A 3/21/05 memo from Michael Hrinyak, CBP Acting Executive Director for Immigration Policy & Programs, reminding inspectors how they should handle advance paroles.
    AILA Doc. No. 05033041.
  • USCIS Guidance Memo on 245(i)(395 KB - 3/14/2005)
    A 3/9/05 memo from William Yates, USCIS Associate Director for Operations, providing clarification of eligibility requirements for adjustment of status applications under section 245(i).
    AILA Doc. No. 05031468.
  • INS Issues Guidance on Handling of Naturalization Applications Involving Unlawful Voting(2157 KB - 3/7/2005)
    A 5/7/02 memo from William Yates, Deputy Executive Associate Commissioner (INS), providing guidance to examiners for handling naturalization cases where the issue of unlawful voting or false claim to U.S. citizenship for the purpose of voting is raised.
    AILA Doc. No. 05030768.
  • USCIS Revises Guidance for I-485 Interview Waivers(490 KB - 3/2/2005)
    A 1/5/05 memo from William Yates, USCIS Associate Director for Operations, revising the criteria for when an interview can be waived for adjustment of status cases.
    AILA Doc. No. 05030262.
  • CIS Ombudsman Recommendation on USCIS Pilot Programs(269 KB - 2/25/2005)
    CIS Ombudsman’s 2/25/05 recommendation to USCIS that whenever it implements a pilot program that directly impacts customer service, USCIS either publish public notice regarding start and end dates or provide 30-days notice before terminating the pilot program.
    AILA Doc. No. 05022580.
  • USCIS Rescinds RFE Memo and Provides New Guidance (2/18/2005)
    A 2/16/05 memo from William Yates, USCIS Associate Director for Operations, providing new instructions on when RFEs or NOIDs should be used, when filings should be approved or denied without RFE or NOID, and the preponderance of the evidence standard.
    AILA Doc. No. 05021810.
  • INS Memo on 319(a) Naturalization as Amended by the VTVPA(62 KB - 2/7/2005)
    A 10/15/02 memo from William Yates, Deputy Executive Associate Commissioner (INS), addressing section 319(a) naturalization eligibility, as amended by the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA).
    AILA Doc. No. 05020760.
  • USCIS Applies Akhtar Nationally(132 KB - 2/4/2005)
    A 1/10/05 memo from Terrance O'Reilly, USCIS Director, Field Operations, instructing the NBC to apply Akhtar v. Burzynski, the case invalidating the V visa age-out regulations, to all cases, not just those in the 9th Circuit.
    AILA Doc. No. 05020460.
  • USCIS Memo Modifies Eligibility for Naturalization Under Section 319(a)(566 KB - 1/27/2005)
    A 1/27/05 memo from William Yates, Associate Director of Operations, clarifying section 319(a) naturalization eligibility for certain individuals who obtained LPR status by reason of an approved waiver of the joint filing requirement.
    AILA Doc. No. 05012741.
  • USCIS Establishes an Investor and Regional Center Unit(248 KB - 1/26/2005)
    A 1/19/05 memo from William Yates, USCIS Associate Director for Operations, providing guidance, form design, case auditing, and training regarding Regional Center adjudications and associated investor petitions within the EB-5 Investor Program.
    AILA Doc. No. 05012663.
  • USCIS Guidance on Good Moral Character in VAWA Cases(310 KB - 1/25/2005)
    A 1/19/05 memo from William Yates, USCIS Associate Director for Operations, to the Vermont Service Center describing the changed standards for good moral character in Violence Against Women Act cases.
    AILA Doc. No. 05012561.
  • USCIS Instructs on Paroles for EB-5 Investors(1482 KB - 1/21/2005)
    Guidance memo from William Yates and Joseph Cuddihy instructs the field on paroles for EB-5 investors not present in the U.S. to seek final determinations on an I-526 or I-829.
    AILA Doc. No. 05012167.
 
Copyright © 1993–2014, American Immigration Lawyers Association.
Suite 300, 1331 G Street, NW, Washington, DC 20005
Copyright & Reprint Policy
Contact Us