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Agencies & Liaison
Department of Homeland Security
Agency Memos, Cables, Letters & Guidance
USCIS Memo on Discretionary Exemption for Activities Related to the INC, KDP and PUK
(558 KB - 3/1/2011)
A 1/23/10 USCIS policy memorandum providing guidance on the implementation of a discretionary exemption under INA Section 212(d)(3)(B)(i) for activities related to the Iraqi National Congress, Kurdish Democratic Party and Patriotic Union of Kurdistan. AILA Doc. No. 11030133.
AILA Doc. No. 11030133.
USCIS Interim Memo for Comment on the Revised Form N-648
(8982 KB - 12/23/2010)
USCIS 12/14/10 interim memo for comment provides guidance for determining the sufficiency of Form N-648, Medical Certification for Disability Exceptions. The memo is in effect until further notice. Please email comments to email@example.com. Comments are due 1/21/11. AILA Doc. No. 10122333.
AILA Doc. No. 10122333.
USCIS on EB-5 Indirect Job Creation Outside an RC’s Geographic Boundaries
(785 KB - 12/21/2010)
A 12/3/10 letter from USCIS Director Alejandro N. Mayorkas to Senator Patrick J. Leahy (D-VT), Chair of the Senate Judiciary Committee, confirming that an EB-5 regional center may rely on jobs indirectly created outside its geographic boundaries. AILA Doc. No. 10122135.
AILA Doc. No. 10122135.
USCIS Interim Memo on Model Plan for Administrative Naturalization Ceremonies
(497 KB - 12/20/2010)
USCIS interim memo for comment on the Model Plan for Administrative Naturalization Ceremonies. The memo is in effect until further notice and instructions on the comment process are provided. Comments are due 1/20/11. AILA Doc. No. 10122034.
AILA Doc. No. 10122034.
USCIS Policy Memo on Grants of Status for Individuals from the CNMI
(61 KB - 12/17/2010)
USCIS 12/14/10 policy memo that provides guidance on waivers of inadmissibility and grants of status for certain individuals seeking nonimmigrant status in the Commonwealth of the Northern Mariana Islands (CNMI). The memo is effective immediately. AILA Doc. No. 10121761.
AILA Doc. No. 10121761.
USCIS Final RFE Template for Form I-129 Q-1 Cultural Exchange Visitors
(176 KB - 12/14/2010)
USCIS updated RFE template for Form I-129, Petition for Nonimmigrant Worker, for those seeking Q-1 classification. The updated template will be posted online until 12/23/10 for stakeholder visibility. USCIS Service Centers will use this template effective immediately. AILA Doc. No. 10121433.
AILA Doc. No. 10121433.
USCIS Policy Memo for Comment on Adjudication of EB-5 Regional Center Proposals (Updated 12/13/10)
(594 KB - 12/13/2010)
USCIS policy memo for comment providing instructions to California Service Center personnel involved in the adjudication of EB-5 Regional Center Proposals, and affiliated Forms I-526 and I-829. The memo follows the comment instructions page. Comments are due 1/21/11. AILA Doc. No. 10121360.
AILA Doc. No. 10121360.
USCIS Response to CIS Ombudsman Recommendation Regarding the USRAP
(617 KB - 12/1/2010)
A 7/31/10 USCIS memo from Alejandro Mayorkas, Director, to January Contreras, CIS Ombudsman, in response to recommendations made about the U.S. Refugee Admissions Program (USRAP), including recommendations on emergent or denied refugee applications. AILA Doc. No. 10120172.
AILA Doc. No. 10120172.
CBP Letter on Attorney Access at Barracks 5 in San Diego
(244 KB - 11/24/2010)
A 02/13/2009 CBP letter from Mike Fisher, Chief Patrol Agent in San Diego, to the Legal Director of the American Civil Liberties Union (ACLU) of San Diego & Imperial Counties with guidance on attorney access to individuals being held at the Barracks 5 transit staging area. AILA Doc. No. 10112469.
AILA Doc. No. 10112469.
USCIS Response to the CIS Ombudsman's 2010 Annual Report to Congress
(3361 KB - 11/24/2010)
A 11/09/10 USCIS memo from Alejandro Mayorkas, Director, responding to the recommendations made in the CIS Ombudsman’s Annual Report to Congress. Topics include employment and family-based immigration, RFEs, removal proceedings, and immigration benefits for the military. AILA Doc. No. 10112460.
AILA Doc. No. 10112460.
USCIS Interim Memo for Comment on Fee Waiver Guidelines
(128 KB - 11/22/2010)
USCIS interim memo for comment on the fee waiver guidelines as established by the final rule of the USCIS Fee Schedule. Please e-mail all comments to firstname.lastname@example.org. Comments are due on 12/07/10. This memo is in effect until further notice. AILA Doc. No. 10112277.
AILA Doc. No. 10112277.
CBP Memos on Proper Collection of L-1 Fees
(1711 KB - 11/3/2010)
An 11/3/10 memo and L-1 fraud prevention weekly register offers guidance on the appropriate collection of the fraud prevention and detection fees. Memo from 10/15/10 and USCIS 10/7/10 Q&As on the fee increase. Guidance obtained through the CBP FOIA Library. AILA Doc. No. 10110359.
AILA Doc. No. 10110359.
USCIS Policy Memo on the End of Religious Worker I-360/I-485 Concurrent Filings (Updated 1/7/11)
(203 KB - 1/7/2011)
USCIS 11/9/10 policy memo on the treatment of religious worker I-360/I-485 concurrent filings in light of the Ninth Circuit's mandate overturning the injunction in
Ruiz-Diaz v. U.S
. The interim memo published by USCIS for comment follows the final memo. AILA Doc. No. 10111662.
AILA Doc. No. 10111662.
USCIS Response to CIS Ombudsman Recommendation on Form I-601 Adjudication
(255 KB - 11/1/2010)
A 10/12/10 USCIS memorandum from Alejandro N. Mayorkas, Director, to January Contreras, CIS Ombudsman, in response to the recommendation on the adjudication process for Form I-601, Application for Waiver of Grounds of Inadmissibility. AILA Doc. No. 10110164.
AILA Doc. No. 10110164.
ICE Field Guidance on Enforcement Actions At Sensitive Community Locations
(1194 KB - 10/26/2010)
A 7/3/08 memo from Julie Myers, ICE Assistant Secretary, providing field guidance on ICE enforcement actions or investigative activities at or near sensitive community locations such as schools and places of worship. AILA Doc. No. 10102632.
AILA Doc. No. 10102632.
USCIS Draft Memo for Comment on Inadmissibility Waivers in the CNMI
(474 KB - 10/25/2010)
USCIS draft memo for comment on waivers of inadmissibility and grants of status for certain aliens seeking nonimmigrant status in the Commonwealth of the Northern Mariana Islands (CNMI). Comments are due 11/4/10. The draft memo follows the comment instructions page. AILA Doc. No. 10102560.
AILA Doc. No. 10102560.
USCIS Memo on Social Networking Sites and Their Importance to FDNS
(282 KB - 10/14/2010)
USCIS memo on social networking sites and their importance to FDNS (Office of Fraud Detection and National Security) obtained by the Electronic Frontier Foundation (EFF) through FOIA litigation. AILA Doc. No. 10101473.
AILA Doc. No. 10101473.
DHS Memo on Policy for Internal Information Exchange and Sharing
(34 KB - 10/14/2010)
A 02/01/07 DHS memorandum from Secretary Michael Chertoff on DHS Policy for Internal Information Exchange and Sharing including that all DHS components are considered part of one "agency" for purposes of the Privacy Act 5 U.S.C. § 552a(a)(1),(b)(1). AILA Doc. No. 10101465.
AILA Doc. No. 10101465.
ICE Memorandum on Detention of Refugees Who Have Failed to Adjust Status
(313 KB - 10/7/2010)
A 05/10/10 memo from James Chaparro, ICE DRO Director, providing guidance on when and under what circumstances ICE DRO Field Offices may detain refugees admitted under INA §207 who have failed to adjust to lawful permanent resident (LPR) status. Courtesy of Kara Hartzler. AILA Doc. No. 10100772.
AILA Doc. No. 10100772.
USCIS Final Memo on Implementation of Increased Fees for Certain H-1B and L-1 Petitions
(375 KB - 1/28/2011)
USCIS 1/18/11 policy memo providing guidance on the implementation of increased fees for certain H-1B and L-1 petitions under Public Law 111-230. The 10/7/10 interim memo for comment published by USCIS follows the final policy memo. AILA Doc. No. 10100771.
AILA Doc. No. 10100771.
E-Verify User Manual for Federal Contractors
(5068 KB - 10/5/2010)
USCIS released a user manual that provides guidance on E-Verify processes and outlines the rules and responsibilities for federal contractors who have the Federal Acquisition Regulation (FAR) E-Verify clause in their contracts. AILA Doc. No. 10100565.
AILA Doc. No. 10100565.
MOA Between USCIS and ICE on the Issuance of NTAs
(202 KB - 10/1/2010)
Memorandum of Agreement between USCIS and ICE, setting forth when each party may issue an NTA following a USCIS adjudication. The MOA applies to cases adjudicated on or after 10/1/06 and was released to AILA on 8/26/10 in response to a FOIA request initiated in March 2009. AILA Doc. No. 10100172.
AILA Doc. No. 10100172.
February 2010 Internal DHS Draft Memorandum Discusses Administrative Measures in Absence of CIR
(1472 KB - 9/22/2010)
A 2/26/10 DHS draft memorandum discussing administrative relief options in the absence of comprehensive immigration reform including registration and deferred action, reduction of the family-based backlogs, unlawful presence waivers, and expanded E-Verify. AILA Doc. No. 10092237.
AILA Doc. No. 10092237.
USCIS Interim Memo for Comment on Special Immigrant Visas under the Afghan Allies Protection Act
(429 KB - 9/20/2010)
USCIS interim memo for comment adding procedural guidance to the AFM on adjudicating Form I-360 for persons claiming special immigrant status under the Afghan Allies Protection Act of 2009. The interim memo follows the comment instructions page. Comments are due 10/4/10. AILA Doc. No. 10092041.
AILA Doc. No. 10092041.
USCIS Interim Memo for Comment on Validity of Puerto Rico Birth Certificates
(381 KB - 9/20/2010)
USCIS interim memo for comment on the processing of petitions and applications dependent upon a Puerto Rico birth certificate to establish status, familial relationship, or other eligibility factor. The interim memo follows the comment instructions page. Comments due 10/4/10. AILA Doc. No. 10092040.
AILA Doc. No. 10092040.
USCIS Draft Memo for Comment on Revocation of VAWA-Based Self-Petitions
(482 KB - 9/20/2010)
USCIS draft memo for comment on Revocation of VAWA-Based Self-Petitions (Forms I-360). This memo restates the Violence Against Women Act (VAWA) revocation policy originally issued in a memo on 8/5/02. Comments are due 10/4/10. The draft memo follows the instructions page. AILA Doc. No. 10092039.
AILA Doc. No. 10092039.
USCIS Draft Request for Evidence (RFE) Template for Comment (Updated 9/16/10)
(548 KB - 9/16/2010)
USCIS extended the deadline for comments on the draft RFE template for the Request for Evidence - 1-140 E11 Alien of Extraordinary Ability. Comments are due 9/23/10. The draft template follows the comment instructions. AILA Doc. No. 10091470.
AILA Doc. No. 10091470.
ICE Replies to Sign-on Letter Expressing Concern with ICE Response to Utah “Blacklist”
(378 KB - 9/2/2010)
Letter from ICE Director John Morton to National Immigrant Justice Center in response to 7/27/10 letter signed by AILA and other organizations to DHS on potential immigration enforcement actions related to a list of purported undocumented residents in Utah. AILA Doc. No. 10090267.
AILA Doc. No. 10090267.
USCIS Memo on Uniform Denial Language Pertaining to Appeals to the BIA
(244 KB - 9/1/2010)
USCIS 8/26/10 memorandum providing guidance to USCIS officers on uniform denial language pertaining to appeals to the Board of Immigration Appeals (BIA). AILA Doc. No. 10090167.
AILA Doc. No. 10090167.
USCIS Requests Comments on Interim Guidance Centralizing Orphan Processing in Nepal
(326 KB - 8/30/2010)
USCIS seeks comments on interim guidance implementing the Nepal Initiative, which centralizes adjudication of clearly approvable Forms I-600, Petition to Classify Orphan as an Immediate Relative, filed on behalf of children residing in Nepal. Comments are due 9/13/10. AILA Doc. No. 10083033.
AILA Doc. No. 10083033.
ICE Memo on Guidance for Removal Proceedings Involving Aliens with Pending or Approved Applications or Petitions
(907 KB - 8/25/2010)
An 8/20/10 ICE memo from Assistant Secretary John Morton, establishing policy for ICE to request expedited adjudication of an application or petition for an alien in removal proceedings that is pending before USCIS if approval would provide an immediate basis for relief. AILA Doc. No. 10082561.
AILA Doc. No. 10082561.
CBP Basic Training Curriculum Summary
(1644 KB - 8/24/2010)
CBP summary of select courses dated 8/24/10 from the CBP Basic Training Academy for Border Patrol Agents and CBP Officers. CBP developed a Critical Task List to ensure that lessons reflect tasks performed in the field. Guidance obtained through the CBP FOIA Library. AILA Doc. No. 10082459.
AILA Doc. No. 10082459.
USCIS Draft Memo for Comment on Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions
(284 KB - 8/20/2010)
USCIS seeks comments on a draft policy memo that would require ISOs to use the two-part approach set forth in the CA9
Kazarian v. USCIS
decision for certain Form I-140 petitions. Comments are due 9/3/10. The draft memo follows the comment instructions. AILA Doc. No. 10082064.
AILA Doc. No. 10082064.
ICE Request for Public Comment on Immigration Detainer Policy
ICE issued a request for public comments on a draft immigration detainer policy. ICE is interested in an assessment of how this policy would affect individuals, communities, the operation of the criminal justice system, and law enforcement partners. Comments are due 9/30/10. AILA Doc. No. 10080961
AILA Doc. No. 10080961.
USCIS Seeks Comments on Draft RFE Template for I-129 Q-1 Petitions
(155 KB - 8/3/2010)
USCIS comment request on a draft Request for Evidence (RFE) template on Form I-129 petitions for Q-1 Cultural Exchange Visitors. Comments are due August 17, 2010. The draft template follows the comment request instructions page. AILA Doc. No. 10080364.
AILA Doc. No. 10080364.
ICE Interim Policy on Immigration Detainers
(553 KB - 8/2/2010)
ICE policy memo, effective 8/2/10, establishing ICE’s interim policy on the issuance of civil immigration detainers, including when immigration officers can issue detainers, the procedures immigration officers should use to issue detainers, and more. AILA Doc. No. 10080241.
AILA Doc. No. 10080241.
Undated Internal USCIS Draft Memorandum Discusses Administrative Alternatives to CIR
(1624 KB - 7/30/2010)
Undated USCIS draft memorandum offering administrative relief options to promote family unity, foster economic growth, achieve significant process improvements, and reduce the threat of removal for certain individuals present in the United States without authorization. AILA Doc. No. 10073063
AILA Doc. No. 10073063.
USCIS Memo on Changes to T and U Visa Status and Adjustment Provisions
(123 KB - 7/29/2010)
A 07/21/10 USCIS policy memo on legislation affecting the T and U nonimmigrant programs. The INA amendments under the William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) of 2008 apply to applications filed on or after 12/23/08. AILA Doc. No. 10072930.
AILA Doc. No. 10072930.
ICE Memorandum on Orders of Supervision
(50 KB - 7/27/2010)
A 11/12/2004 memorandum from Victor X. Cerda, Acting Director, ICE Detention and Removal Operations, standardizes the reporting requirements for individuals released under an order of supervision or released on recognizance. AILA Doc. No. 10072768.
AILA Doc. No. 10072768.
INS Memo on Strikes and Work Stoppages and Their Effect on H Petitions and Applications
(82 KB - 7/27/2010)
A 6/18/91 INS Memo from Eastern Service Center Director Gilbert C. Tabor that explains regulations relating to the effects of strikes and work stoppages on H petitions. Courtesy of Frances Taylor via FOIA request. AILA Doc. No. 10072767.
AILA Doc. No. 10072767.
USCIS Memo on Clarifying Guidance on “O” Petition Validity Period, Revisions to AFM
(59 KB - 7/20/2010)
USCIS memo providing guidance for processing and adjudicating Form I-129 filed on behalf of O nonimmigrants, with regard to determining the appropriate validity period of an approvable petition when a gap exists between two or more events reflected in the itinerary. AILA Doc. No. 10072061.
AILA Doc. No. 10072061.
ICE Civil Enforcement Priorities Memorandum
(1031 KB - 6/29/2010)
A 6/30/10 memo from ICE Assistant Secretary John Morton outlining the agency’s civil enforcement priorities. AILA Doc. No. 10062989.
AILA Doc. No. 10062989.
USCIS Memo Authorizes VSC to Approve Extension of U Nonimmigrant Status for Derivative Family Member
(382 KB - 6/28/2010)
USCIS issued a policy memorandum authorizing the Vermont Service Center (VSC) to approve an Application to Extend/Change Nonimmigrant Status (Form 1-539) to extend U nonimmigrant status for a derivative family member whose initial period of stay is less than four years. AILA Doc. No. 10062830.
AILA Doc. No. 10062830.
Assistant Secretary Morton Announces Internal Realignment of ICE Offices
(357 KB - 6/25/2010)
Assistant Secretary Morton announced that ICE will realign its offices to promote criminal investigations over deportation. The three new directorates are: Homeland Security Investigations (HIS), Enforcement and Removal Operations (ERO), and Management and Administration. AILA Doc. No. 10062563.
AILA Doc. No. 10062563.
USCIS Draft Memo on Continued Filing Eligibility for Child VAWA Self-Petitioners after Age 21
(282 KB - 6/11/2010)
USCIS issued a draft policy memo on an INA amendment that provides for continued eligibility for certain individuals to file a VAWA self-petition as a child after attaining age 21, but before attaining age 25. Comments are due 6/24/10. AILA Doc. No. 10061164.
AILA Doc. No. 10061164.
CIS Ombudsman Issues Recommendations on Processing of Waivers of Inadmissibility
(518 KB - 6/10/2010)
The CIS Ombudsman issued recommendations to the Director of USCIS on the processing of waivers of inadmissibility to enhance the current filing process and minimize reluctance to file. AILA Doc. No. 10061030.
AILA Doc. No. 10061030.
ICE SEVP Issues Policy Guidance on Visa Revocation
(294 KB - 6/9/2010)
This Student and Exchange Visitor Program (SEVP) policy guidance to DSOs addresses the visa revocation process, how to record such an action in a SEVIS record, and how to respond to law enforcement inquiries involving students whose visas have been revoked. AILA Doc. No. 10060960.
AILA Doc. No. 10060960.
USCIS Draft Memo for Comment on Guidance on Uniform Denial Language Pertaining to BIA Appeals
(147 KB - 6/8/2010)
USCIS issued a draft memo for comment on guidance to USCIS officers on uniform denial language pertaining to appeals to the BIA, revising AFM Chapter 10.7(b). Comments are due 6/21/10. This document includes comment submission instructions and the draft memorandum. AILA Doc. No. 10060860.
AILA Doc. No. 10060860.
ICE Guidance on Administrative Fines in Civil Worksite Enforcement Proceedings
(10482 KB - 5/27/2010)
ICE has released substantial portions of guidance on administrative fines in civil worksite enforcement proceedings following a demand letter from AILA and the LAC threatening FOIA litigation. AILA Doc. No. 10052739.
AILA Doc. No. 10052739.
USCIS Draft Memo on Approval of Petitions and Applications after the Death of the Qualifying Relative
(193 KB - 5/17/2010)
USCIS issued a draft policy memo on ensuring that USCIS uniformly and consistently adjudicates petitions and applications after the death of the qualifying relative, in light of INA §204(l) and 213A(f)(5), 8 U.S.C. §§ 1154(l) and 1183a(f)(5). Comments are due 6/1/10. AILA Doc. No. 10051767.
AILA Doc. No. 10051767.
USCIS Draft Memo on Extension of U Nonimmigrant Status for Derivative Family Members Using the Form I-539
(137 KB - 5/17/2010)
USCIS issued a draft policy memo that authorizes the VSC to approve an Application to Extend/Change Nonimmigrant Status (Form I-539) to extend U nonimmigrant status for a derivative family member whose initial period of stay is less than four years. Comments are due 6/1/10. AILA Doc. No. 10051766.
AILA Doc. No. 10051766.
USCIS Draft Memo on Changes to T and U Nonimmigrant Status and Adjustment of Status Provisions
(216 KB - 5/17/2010)
USCIS issued a draft policy memo that informs immigration services officers about new legislation affecting the T and U nonimmigrant programs. This draft memo follows the comment instructions pages. Comments are due 06/01/10. AILA Doc. No. 10051765.
AILA Doc. No. 10051765.
USCIS Memorandum on
Ramos v. Holder
: Former Gang Membership as Potential Social Group
(470 KB - 5/14/2010)
This 03/02/10 USCIS Memorandum from Joseph E. Langlois provides notification to Asylum Offices of the Seventh Circuit’s decision in Ramos v. Holder, holding that former gang membership can form the basis for a particular social group. AILA Doc. No. 10051435.
AILA Doc. No. 10051435.
USCIS Draft Memo on Guidance on “O” petition Validity Period Revisions
(123 KB - 5/11/2010)
USCIS issued a draft memo on Clarifying Guidance on “O” petition Validity Period. Revisions to the Adjudicator’s Field Manual (AFM) Chapter 33.4(e)(2) AFM Update AD10-36. Comments are due 05/24/10. AILA Doc. No. 10051165.
AILA Doc. No. 10051165.
ICE Memorandum on Reporting and Investigating Claims to United States Citizenship
(1443 KB - 5/7/2010)
This 11/19/09 ICE memo from John Morton, Assistant Secretary, provides guidance to ensure claims to U.S. citizenship receive immediate and careful investigation and analysis. This guidance supersedes previous guidance from 11/06/08. AILA Doc. No. 10050769.
AILA Doc. No. 10050769.
USCIS Launches Webpage for Draft Memorandum for Comment
The USCIS Outreach section of uscis.gov added a new page entitled “Feedback Opportunities” which includes a section on “Draft Memorandum for Comment.” This section will contain memoranda that are drafts of proposed or revised guidance to Field Offices and Service Centers. AILA Doc. No. 10051163.
AILA Doc. No. 10051163.
ICE Memorandum on Adjudicating Stay Requests Filed by U-Visa Nonimmigrant Status Applicants
(1420 KB - 5/7/2010)
A 09/24/09 ICE memo from David Venturella, Acting Director, provides guidance to DRO Field Office Directors about factors to consider when adjudicating Stay of a Final Administrative Order of Removal requests filed by an alien with a pending U Nonimmigrant status petition. AILA Doc. No. 10050768.
AILA Doc. No. 10050768.
ICE Memorandum on National Fugitives Operations Program: Priorities, Goals, and Expectations
(812 KB - 5/7/2010)
A 12/08/09 ICE memo from John Morton, Assistant Secretary, clarifies the enforcement priorities of the National Fugitives Operations Program within the Office of Detention and Removal Operations. This memo supersedes previously issued fugitive operations guidance. AILA Doc. No. 10050767.
AILA Doc. No. 10050767.
ICE Policy Directive: Notification and Reporting of Detainee Deaths
(60 KB - 5/7/2010)
A 10/01/09 ICE policy directive that provides guidance on the policy and procedures to follow when providing initial notification and ongoing reporting of the death of a detainee in the custody of ICE. AILA Doc. No. 10050766.
AILA Doc. No. 10050766.
ICE SEVP Issues Policy Guidance for DSOs on the OPT Extension
(262 KB - 4/27/2010)
The ICE Student and Exchange Visitor Program (SEVP) issued policy guidance for SEVP and Designated School Officials (DSOs) of SEVP-Certified Schools with F-1 students eligible for or pursuing post-completion Optional Practical Training (OPT). AILA Doc. No. 10042761.
AILA Doc. No. 10042761.
ICE Releases DRO Haitian TPS Guidance to Field Offices
(2057 KB - 4/20/2010)
ICE released on its FOIA Reading Room, a 01/25/10 confidential e-mail on behalf of the DRO Assistant Director for Field Operations to Field Office Directors and Deputy Directors on Temporary Protected Status (TPS) information for detained Haitian nationals. AILA Doc. No. 10042064.
AILA Doc. No. 10042064.
USCIS Memo on SOP for Adjudication of Family-Based Petitions under the AWA
(1065 KB - 4/15/2010)
This 08/24/08 memo from Donald Neufeld, USCIS Acting Associate Director of Domestic Operations, addresses adjudication of Forms I-129F and I-130 under the Adam Walsh Child Protection and Safety Act (AWA). Courtesy of AILA Member Carol Edward via FOIA request. AILA Doc. No. 10041530.
AILA Doc. No. 10041530.
CBP Memo Regarding the Processing of L-1 Nonimmigrants
(169 KB - 4/15/2010)
A CBP memo and weekly muster from 03/16/09 discusses the proper term of admission for nonimmigrant visitors in the L-1 classification. AILA received this memo in response to a FOIA request. AILA Doc. No. 10041564.
AILA Doc. No. 10041564.
USCIS Memo on
Ramos v. Holder
Decision Regarding Former Gang Membership
(571 KB - 4/15/2010)
USCIS Asylum Division Chief John Langlois issued a memo to asylum office staff on 03/02/10 on the Seventh Circuit decision in
Ramos v. Holder
holding that a former gang membership can be the basis for a particular social group. AILA Doc. No. 10041570.
AILA Doc. No. 10041570.
CBP Memo Regarding the Validity of Certain Foreign Passports
(83 KB - 4/15/2010)
A CBP memo and weekly muster from 03/02/09 addresses the DOS revision of the "Countries that Extend Passport Validity for an Additional Six Months after Expiration" listed in the Foreign Affairs Manual (FAM). AILA received this memo in response to a FOIA request. AILA Doc. No. 10041565.
AILA Doc. No. 10041565.
CIS Ombudsman Issues Recommendation on Adjudication of Applications for Refugee Status
(3153 KB - 4/14/2010)
The CIS Ombudsman issued a recommendation on the adjudication of applications for refugee status. The recommendation addresses emergent or denied applications including expediting cases, articulating reasons for denial and issuing guidance for requests for reconsideration. AILA Doc. No. 10041461.
AILA Doc. No. 10041461.
ICE Issues Letter on February 22, 2010 Memo on Removal Goals
(362 KB - 3/31/2010)
ICE Assistant Secretary John Morton issued a letter stating that the February 22, 2010 memo does not capture ICE priorities in the last 10 months and ICE will not impose quotas that propel field officers to identify and arrest any particular number of noncriminal aliens. AILA Doc. No. 10033166.
AILA Doc. No. 10033166.
ICE Memorandum on Clarification of February 22, 2010 Memo on Removal Goals
(571 KB - 3/31/2010)
ICE DRO Director James Chaparro issued a memorandum to clarify the February 22, 2010 memo to ensure that it “signals no shift” in ICE prioritizing “dangerous criminal aliens who present the greatest risk to the security of our communities.” AILA Doc. No. 10033165.
AILA Doc. No. 10033165.
ICE Responds to
The Washington Post
on ICE DRO Memo on Removal Goals
(31 KB - 3/29/2010)
ICE Assistant Secretary John Morton responded to
The Washington Post
article from 3/27/10 citing an ICE memo. Morton states that the memo, dated 2/22/10 from ICE DRO Director James M. Chaparro, was sent without his authorization and has been withdrawn and corrected. AILA Doc. No. 10032963.
AILA Doc. No. 10032963.
ICE DRO Memo on Removal Goals from
The Washington Post
(834 KB - 3/29/2010)
The Washington Post
published on its website a memo dated 2/22/10 from ICE Detention and Removal Office Director James M. Chaparro on removal goals. AILA Doc. No. 10032962.
AILA Doc. No. 10032962.
USCIS and DOJ Office of Special Counsel MOA on Employment Discrimination and E-Verify
(305 KB - 3/19/2010)
On 03/17/10, the USCIS and Department of Justice’s Office of Special Counsel signed a Memorandum of Agreement governing information and case referrals with the civil rights office relating to immigration related unfair employment practices. AILA Doc. No. 10031965.
AILA Doc. No. 10031965.
USCIS Memo on Clarifying Guidance on Adjudicating Reciprocal Exchange Agreements
(132 KB - 3/16/2010)
Donald Neufeld, USCIS Acting Associate Director, Service Center Operations, issued a memo to provide guidance for processing and adjudicating Form I-129, filed on behalf of P-2 nonimmigrants. This memo supersedes the 3/17/93 “List of Reciprocal Exchange Programs” memo. AILA Doc. No. 10031663.
AILA Doc. No. 10031663.
H-1B Compliance Review Report
(1653 KB - 3/5/2010)
The H-1B Compliance Review Report includes instructions to assist Site Inspectors (SIs) performing administrative visits. The document communicates the type of information that USCIS is seeking when SIs are performing site visits. AILA Doc. No. 10030561.
AILA Doc. No. 10030561.
USICS Memo on the Numerical Limitation Exemption for H Nonmmigrants Employed in the CNMI and Guam
(838 KB - 2/11/2010)
Donald Neufeld, USCIS Acting Associate Director, Service Center Operations, issued a memo to provide guidance for processing and adjudicating Form I-129, filed on behalf of H-1B “specialty occupation” and H-2B “temporary nonagricultural” workers in Micronesia and Guam. AILA Doc. No. 10021162.
AILA Doc. No. 10021162.
Withdrawn USCIS Memo on Signature Requirement
AILA liaison has been informed that a USCIS memorandum dated January 19, 2010, addressing signature requirements on applications and petitions, was posted to the USCIS website prematurely and is being withdrawn. AILA Doc. No. 10020463.
AILA Doc. No. 10020463.
USCIS Memo to CIS Ombudsman on Temporary Acceptance of Filed LCAs for Certain H-1B Filings
(257 KB - 2/2/2010)
On 1/28/10, USCIS Director Alejandro Mayorkas issued a formal response to the CIS Ombudsman January Contreras on Recommendation 43 regarding temporary acceptance of filed Labor Condition Applications for certain H-1B filings. AILA Doc. No. 10020234.
AILA Doc. No. 10020234.
Memo on Adjudicating Forms I-212 for Aliens Inadmissible under INA 212(a)(9)(C) or Subject to Reinstatement under 241(a)(5) in Light of
Gonzalez v. DHS
Rescinding an earlier Memo, this 5/19/09 Aytes Memorandum discusses adjudicating Forms I-212 for aliens inadmissible under INA 212(a)(9)(C) or who are subject to reinstatement under 241(a)(5) in light of
Duran Gonzalez v. DHS
, 508 F.3d 1227(9th Cir. 2007). AILA Doc. No. 10012674.
AILA Doc. No. 10012674.
USCIS Memo on TPS Adjudications Involving NY Traffic Infractions and Violations
(307 KB - 1/22/2010)
This 1/17/10 memo from Donald Neufeld, USCIS Associate Director of Service Center Operations provides guidance for adjudication of TPS applications and administrative appeals in cases involving convictions of certain minor New York traffic infractions or violations. AILA Doc. No. 10012266.
AILA Doc. No. 10012266.
USCIS Memo on Initial Relief Efforts for Aliens Affected by the 1/12/10 Haiti Earthquake
(209 KB - 1/19/2010)
On 1/15/10, USCIS Director issued a memorandum that provides interim field guidance for the various forms of relief that USCIS has committed to undertake as a result of the January 12, 2010 Haiti earthquake. This guidance will apply to nationals and habitual residents of Haiti some of whom may fall outside the scope of a TPS designation. AILA DOc. No. 10011960.
AILA Doc. No. 10011960.
USCIS Memo on Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements
(4804 KB - 1/13/2010)
This 1/08/10, memo from Donald Neufeld, USCIS Associate Director of Service Center Operations, provides guidance in the context of H-1B-petitions, on the requirement that a petitioner establish that an employer-employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period. AILA Doc. No. 10011363.
AILA Doc. No. 10011363.
USCIS Memo on Extension of Validity of Medical Certifications on Form I-693
(65 KB - 1/4/2010)
This 12/30/09, memorandum from Donald Neufeld, Acting Associate Director of Domestic Operations, USCIS, temporarily extends the validity of civil surgeon endorsements on Form I-693 for adjustment of status applicants. AILA Doc. No. 10010460.
AILA Doc. No. 10010460.
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