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2007

  • ICE Revises Parole Determination Worksheet(47 KB - 12/31/2007)
    ICE recently revised its parole determination worksheet.
    AILA Doc. No. 07123163.
  • MOU Between SSA, DHS and Employers Regarding Employer Participation in E-Verify(66 KB - 12/28/2007)
    This Memorandum of Understanding (MOU) sets forth the points of agreement between the Social Security Administration (SSA), the Department of Homeland Security (DHS), and Employers regarding the Employer's participation in E-Verify.
    AILA Doc. No. 07122862.
  • USCIS Website Pamphlet for Employers on Use of E-Verify(853 KB - 12/28/2007)
    USCIS’ website pamphlet for employers on use of E-Verify.
    AILA Doc. No. 07122861.
  • Authority of Asylum Officers to Retain Fraudulent Documents(193 KB - 12/20/2007)
    Memo from Lynden Melmed, USCIS Chief Counsel, regarding asylum officers’ authority to retain fraudulent and fraudulently obtained documents for the purpose of determining authenticity.
    AILA Doc. No. 07122065.
  • Asylum Office/NGO Pro Bono Partnership Guidelines for Credible Fear Process(801 KB - 12/20/2007)
    Memo from Joseph Langlois, Chief of USCIS Asylum Division, regarding partnerships between asylum offices and non-governmental organizations to facilitate pro bono consults for individuals in the credible fear process.
    AILA Doc. No. 07122061.
  • DHS Memo on INA §236 Release Versus INA §212(d)(5) Parole(607 KB - 12/17/2007)
    This 09/28/07 memo from Gus P. Coldebella of the DHS Office of General Counsel clarifies the relationship between INA §236 release and INA §212(d)(5) parole. Courtesy of AILA member Dan Kowalski via FOIA request.
    AILA Doc. No. 07121790.
  • CBP Muster on Escort Procedures(121 KB - 12/3/2007)
    A 12/3/07 CBP muster reminding CBP officers of specific procedures for escorting detainees at POEs in a safe, secure, humane, and professional manner. Muster obtained through FOIA 2011F03343 filed by AILA.
    AILA Doc. No. 11092839.
  • CBP Muster on Use of Attended Area and Suicide Watch Procedures(88 KB - 12/3/2007)
    A 12/3/07 CBP muster reminding CBP officers on the use of attended areas for short term detention at a POE and suicide watch procedures. The muster offers specifics on how to handle these situations. Muster obtained through FOIA 2011F03343 filed by AILA.
    AILA Doc. No. 11092841.
  • CBP Muster on Control of Personal Property(121 KB - 12/3/2007)
    A 12/3/07 CBP muster reminding CBP officers of the procedure for the control of property at POEs. The muster offers specifics on how CBP should appropriately handle personal effects. Muster obtained through FOIA 2011F03343 filed by AILA.
    AILA Doc. No. 11092838.
  • CBP Muster on Access to Meals, Drinking Water, and Restrooms(86 KB - 12/3/2007)
    A 12/3/07 CBP muster reminding officers of the responsibility by CBP to ensure that aliens have an access to meals, drinking water, and restrooms. The muster offers specifics on providing these services. Muster obtained through FOIA 2011F03343 filed by AILA.
    AILA Doc. No. 11092837.
  • CBP Muster on Detention Logs(36 KB - 12/3/2007)
    A 12/3/07 CBP muster reminding CBP officers of the use of detention logs at Ports of Entry. The muster lists who and what information will be listed in the log, maintenance of the log, and proper treatment of detainees. Muster obtained through FOIA 2011F03343 filed by AILA.
    AILA Doc. No. 07120380.
  • CBP Muster on Delegation of Authority for Enforcement Actions(89 KB - 11/19/2007)
    An 11/19/07 CBP muster informing CBP officers that forms concerning removable aliens are delegated to second-line supervisory officers. If an alien intends to depart, CBP should consider voluntary return. Muster obtained through FOIA 2011F03343 filed by AILA.
    AILA Doc. No. 11092840.
  • DHS Guidelines for Identifying Humanitarian Concerns in Worksite Enforcement Operations(126 KB - 11/16/2007)
    This document sets forth guidelines for identifying humanitarian concerns among foreign nationals arrested during worksite enforcement operations.
    AILA Doc. No. 07111631.
  • INS Juvenile Protocol Manual (11/15/2007)
    This manual contains policy and guidance on issues related to the apprehension, processing, detention, and release of juvenile aliens.
    AILA Doc. No. 07111561.
  • ICE Issues Directive on Parole in Presence of Credible Fear(505 KB - 11/12/2007)
    Directive from ICE Assistant Secretary Julie Myers regarding parole of arriving aliens found to have credible fear.
    AILA Doc. No. 07111264.
  • Prosecutorial and Custody Discretion for Nursing Mothers(235 KB - 11/12/2007)
    Memo from ICE Assistant Secretary Julie Myers regarding exercise of prosecutorial discretion for arrest and custody determinations for nursing mothers.
    AILA Doc. No. 07111263.
  • Aytes Memo Limits Application of Freeman v. Gonzales(87 KB - 11/9/2007)
    This November 8, 2007 Michael Aytes memo addresses the Ninth Circuit’s decision in Freeman v. Gonzales, which permits an I-130 widow(er) to adjust status.
    AILA Doc. No. 07110969.
  • Active Approved EB-5 Regional Centers(61 KB - 11/8/2007)
    USCIS recently provided this list of active approved EB-5 regional centers as of October 2007.
    AILA Doc. No. 07110870.
  • Employer Handbook for I-9 Completion (2007)(1991 KB - 11/8/2007)
    This document is the 11/1/07 edition of the M-274, Handbook for Employers, Instructions for Completing Form I-9 Employment Verification. (On 4/3/09 USCIS released a revised edition of the handbook available at AILA Info. Doc. No. 09031960.)
    AILA Doc. No. 07110863.
  • ICE Detainee Handbook(6608 KB - 10/29/2007)
    This handbook provides resources for detainees including information on detainee rights and responsibilities, medical care, attorney visits, know your rights presentations and other topics.
    AILA Doc. No. 07102974.
  • ICE Detention Operations Manual (2000) (10/16/2007)
    ICE Detention Operations Manual, issued in September 2000, providing standards for detainee services, health care, security, and other conditions of confinement at immigration detention facilities.
    AILA Doc. No. 07101669.
  • ICE Memo on Confiscation and Return of Original Documents(258 KB - 10/5/2007)
    This July 14, 2006 memorandum from John P. Torres, Acting Director of the Immigration and Customs Enforcement, Office of Detention and Removal Operations, outlines the procedures for confiscation and return of original documents for persons in removal proceedings.
    AILA Doc. No. 07100536.
  • Langlois Memo on Minor Principal Asylum Applicants and Changes to RAPS(273 KB - 9/25/2007)
    An 8/14/07 Memo from Joseph Langlois, USCIS Asylum Division Chief, addresses updated procedures for minor principal asylum applicants and changes to RAPS, the asylum database.
    AILA Doc. No. 07092564.
  • Langlois Memo on Changes to NACARA Lesson Plan and Quality Assurance Review Categories(99 KB - 9/25/2007)
    A 9/6/07 Memo from Joseph Langlois, USCIS Asylum Division Chief, revises the Asylum Officer Lesson Plan on suspension of deportation and cancellation of removal under NACARA. The memo also addresses changes to the categories of NACARA cases that must be submitted to HQ for quality assurance review.
    AILA Doc. No. 07092562.
  • Neufeld Memo on Form N-648, Medical Certification for Disability Exceptions(113 KB - 9/20/2007)
    A 9/18/07 Memo from Donald Neufeld, Acting Deputy Associate Director for Domestic Operations, USCIS, explains review standards in the adjudication of Form N-648, Medical Certification for Disability Exceptions.
    AILA Doc. No. 07092061.
  • USCIS' SOPs for I-765 Processing(847 KB - 9/7/2007)
    Standard Operating Procedures of USCIS for the processing and adjudication of I-765 applications for work authorization based on the filing of an adjustment of status application. It is not clear on what date this document was prepared.
    AILA Doc. No. 07090761.
  • USCIS' SOPs for I-539 Processing(2315 KB - 9/7/2007)
    Standard Operating Procedures of USCIS for the processing and adjudication of I-539 applications to extend or change status. This document was last updated in March 2003.
    AILA Doc. No. 07090760.
  • USCIS' SOPs for I-589 Processing(283 KB - 8/30/2007)
    Standard Operating Procedures of USCIS for the processing and adjudication of I-589 asylum and withholding of removal applications. It is not clear on what date this document was prepared.
    AILA Doc. No. 07083068.
  • USCIS' SOPs for I-140 Processing(1348 KB - 8/30/2007)
    Standard Operating Procedures of USCIS for the processing and adjudication of I-140 employment-based immigrant petitions. Note that some sections, such as those on fees, jurisdiction, and labor certification substitution, are out of date.
    AILA Doc. No. 07083067.
  • USCIS Manual on Crimes Involving Moral Turpitude(154 KB - 8/24/2007)
    USCIS manual outlining issues related to crimes involving moral turpitude.
    AILA Doc. No. 07082460.
  • USCIS Notice to Individuals Granted Immigration Benefits by an IJ or the BIA(21 KB - 8/21/2007)
    A USCIS notice to individuals granted immigration benefits by an immigration judge or the Board of Immigration Appeals. Guidance is provided on obtaining documentation of status.
    AILA Doc. No. 07082160.
  • CBP Muster on Biometric Mismatch Admissions(77 KB - 8/20/2007)
    A 8/20/07 CBP muster reminding CBP officers of the proper use of biometric information for traveler inspection. The muster also offers guidelines on how to treat travelers listed on a watchlist. Muster obtained through FOIA 2011F03343 filed by AILA.
    AILA Doc. No. 11092836.
  • USCIS FAQ #3 on EB Adjustments Filed Under the July Visa Bulletin (Updated 8/10/07)(35 KB - 8/10/2007)
    USCIS answers questions on versions of Form I-485 and fees,instances where the original labor certification cannot be included with the I-140 petition, Schedule A concurrently filed I-140/I-485s, fees for I-765s and I-131s, and where to file an I-485 if there is a pending I-140.
    AILA Doc. No. 07080867.
  • USCIS SOP on I-485 Adjustment of Status Processing(2317 KB - 8/2/2007)
    Standard Operating Procedures of USCIS for processing adjustment of status applications. Note that this SOP was last updated in March 2003.
    AILA Doc. No. 07080266.
  • USCIS SOP on I-90 Processing for Green Card Replacement(1253 KB - 8/2/2007)
    Standard Operating Procedures of USCIS for processing applications to replace green cards.
    AILA Doc. No. 07080260.
  • USCIS' SOPs for I-130 Processing(439 KB - 7/31/2007)
    Standard Operating Procedures of USCIS for the processing and adjudication of I-130 family-based immigrant petitions. Note that these SOPs appear to pre-date bi-specialization.
    AILA Doc. No. 07073162.
  • USCIS FAQ #2 on EB Adjustments Filed Under the July Visa Bulletin(36 KB - 7/27/2007)
    USCIS answers questions on courier service tracking as “postmark,” physicals by overseas physicians, applicable filing fees, etc., for employment-based adjustment filings under the July Visa Bulletin.
    AILA Doc. No. 07072740.
  • USCIS' Standard Operating Procedures (SOPs) for H-1B Adjudication(433 KB - 7/26/2007)
    SOPs used by USCIS with respect to adjudication of H-1B petitions. Note that some information, such as fees and jurisdiction, is out of date.
    AILA Doc. No. 07072668.
  • Neufeld Memo on Fee Waiver Requests after the Fee Increase(99 KB - 7/26/2007)
    A 7/20/07 Memo from Donald Neufeld, Acting Deputy Associate Director for Domestic Operations, USCIS, provides guidance on fee waiver requests following the final rule establishing a new fee schedule to take effect 7/30/07.
    AILA Doc. No. 07072665.
  • USCIS FAQs on EB Adjustments Filed under the July Visa Bulletin(49 KB - 7/23/2007)
    On 7/23/07 USCIS released FAQS on I-485s that were filed with priority dates that are current under the July visa bulletin.
    AILA Doc. No. 07072367.
  • Langlois Memo on Processing Asylum Cases Involving Material Support (7/5/2007)
    This 6/1/07 Memo from Joseph E. Langlois, Asylum Division Chief, Office of Refugee, Asylum, and International Operations, discusses processing of asylum division cases involving material support.
    AILA Doc. No. 07070573.
  • Scharfen Memo on Processing the Discretionary Exemption to Inadmissibility for Having Provided Material Support(609 KB - 7/5/2007)
    This 5/24/07 Memo from Jonathan Scharfen, Deputy Director, U.S. Citizenship and Immigration Services discusses processing the discretionary exemption to the inadmissibility ground for having provided material support to certain terrorist organizations.
    AILA Doc. No. 07070572.
  • USCIS Customer Letter on Direct Filing of Some Forms Beginning 7/30/07(231 KB - 7/3/2007)
    This 7/3/07 USCIS letter to customers provides instructions on Direct Filing of Forms I-129F, I-131, I-140, I-360, I-485, I-765, and I-907, which take effect 7/30/07.
    AILA Doc. No. 07070366.
  • Southwest Biofuels Regional Center, LLC Designated as a “Regional Center”(310 KB - 6/26/2007)
    On 6/21/07 USCIS approved the Southwest Biofuels Regional Center, LLC as a designated Regional Center to participate in the Immigrant Investor Pilot Program.
    AILA Doc. No. 07062660.
  • Neufeld Memo Provides Interim Guidance on DOL’s Substitutions Plus Final Rule(596 KB - 6/21/2007)
    On 6/1/07 Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, issued a Memo with interim guidance on the DOL’s final rule on substitutions and other labor certification issues.
    AILA Doc. No. 07062172.
  • Neufeld Memo on the Removal of the Standardized RFE Processing Timeframe(90 KB - 6/21/2007)
    On 6/1/07 Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, issued a Memo on the removal of the standardized RFE processing timeframe, for which a final rule was published in the Federal Register on 4/17/07.
    AILA Doc. No. 07062171.
  • Delegation of Authority to USCIS(558 KB - 6/20/2007)
    Document delegating authority from the Deputy Secretary of Dept. of Homeland Security to USCIS (referred to in the delegation as BCIS).
    AILA Doc. No. 07062068.
  • USCIS Continues Temporary Suspension of Premium Processing Service For R-1s(38 KB - 6/18/2007)
    USCIS extended the suspension of premium processing for I-129 Religious Worker applications for an additional six months.
    AILA Doc. No. 07061869.
  • USCIS Guidance Relating to Operation of Regional Centers(142 KB - 6/13/2007)
    Letter sent to the MMAC-Regional Center providing guidance as to its operation.
    AILA Doc. No. 07061360.
  • Alabama Center for Foreign Investment (ACFI) Designated as “Regional Center”(296 KB - 6/12/2007)
    On June 11, 2007, USCIS approved the Alabama Center for Foreign Investment (ACFI) as a designated Regional Center to participate in the Immigrant Investor Pilot Program.
    AILA Doc. No. 07061266.
  • Vermont Agency of Commerce and Community Development (VACCD) Re-Approved as Regional Center (6/12/2007)
    On June 11, 2007, the USCIS approved the amendments to the Vermont Agency of Commerce and Community Development’s (VACCD) designation as Regional Center to participate in the Immigrant Investor Pilot Program.
    AILA Doc. No. 07061263.
  • CBP Muster on Enrollment Center Interviews(81 KB - 6/11/2007)
    A 6/11/07 CBP muster reminding CBP officers to interview all applicants for NEXUS, SENTRI, and FAST and to look for deceptive behaviors. The muster also lists document requirements for applicants or card holders. Muster obtained through FOIA 2011F03343 filed by AILA.
    AILA Doc. No. 11092835.
  • USCIS Revises Procedures for Adjudication of I-90 Applications With National Security Concerns (5/29/2007)
    May 11, 2007, Memorandum from Michael Aytes, Associate Director, Domestic Operations, provides instructions on processing of I-90 applications where national security or egregious public safety issues exist.
    AILA Doc. No. 07052965.
  • USCIS Revises Procedures for Adjudication of Ancillary Benefits Applications With National Security Concerns (5/29/2007)
    May 11, 2007, Memorandum from Michael Aytes, Associate Director, Domestic Operations, provides instructions on processing of EAD and advance parole applications where national security or egregious public safety issues exist.
    AILA Doc. No. 07052963.
  • USCIS Letter on H-1B Portability from Cap Exempt to Cap Subject(247 KB - 5/25/2007)
    Correspondence between AILA member Naomi Schorr and Efren Hernandez of USCIS regarding H-1B portability for persons moving from cap exempt to cap subject employers during the period in which H-1B numbers are unavailable.
    AILA Doc. No. 07052563.
  • List of Immigrant and Nonimmigrant Class of Admission Codes (5/15/2007)
    The DHS Office of Immigration Statistics provides a chart listing Immigrant and Nonimmigrant Class of Admission codes, the relevant section of law, and description.
    AILA Doc. No. 07051567.
  • USCIS Update on Service Center Receipting(40 KB - 5/25/2007)
    USCIS issued an update on current receipting times for applications at NSC, CSC, TSC and VSC.
    AILA Doc. No. 07052562.
  • USCIS Memo on Processing of Form I-90s for Individuals Posing National Security or Egregious Public Safety Concerns(479 KB - 5/11/2007)
    USCIS memo from Michael Aytes dated 5/11/07 reaffirming the guidance provided in a 7/11/06 memo entitled Disposition of Cases Involving Removable Aliens as it relates to the processing of a Form I-90 filed by an individual who poses a national security or egregious public safety concerns.
    AILA Doc. No. 07051190.
  • DHS Secretary Chertoff Issues Guidance on Material Support(1639 KB - 5/1/2007)
    Chertoff memo establishes a framework for potential exemption from inadmissibility to persons who provided material support to terrorist organizations under duress. It lists factors to be considered.
    AILA Doc. No. 07050168.
  • Aytes Memo on Adjustment of Status for K-2 Aliens(31 KB - 4/6/2007)
    A Memorandum from Michael Aytes, Deputy Director, Domestic Operations, on adjustment of status for K-2 aliens reminds officers that the applicant is not required to demonstrate a step-parent/step-child relationship with the petitioner.
    AILA Doc. No. 07040618.
  • USCIS Extends Validity of Medical Examinations to 1/1/08 (4/5/2007)
    A 1/3/07 Memorandum from Michael Aytes, Associate Director, Domestic Operations, temporarily extends the validity of civil surgeon endorsements on Form I-693 for certain adjustment of status applicants.
    AILA Doc. No. 07040520.
  • USCIS Guidance on Filing H-1B Petition For FY 2008 Where Certified LCA Did Not Print (3/30/2007)
    Memorandum to Service Centers from Michael Aytes, Deputy Director, Domestic Operations, on processing of H-1B petitions for FY 2008 where certified LCA did not print.
    AILA Doc. No. 07033065.
  • CBP Muster on Trusted Traveler Program Enhancements(90 KB - 3/28/2007)
    A 3/28/07 CBP muster informing CBP officers of the application process to be a trusted traveler. Officers may also insert comments of why an applicant was denied or revoked, which will be delivered to the applicant. Muster obtained through FOIA 2011F03343 filed by AILA.
    AILA Doc. No. 11092834.
  • CBP Muster on SENTRI and NEXUS Vehicle Checks(73 KB - 3/12/2007)
    A 3/12/07 CBP muster reminding CBP officers of the importance of vehicle checks either at time of enrollment or during secondary exams for SENTRI or NEXUS members. The muster discusses how to treat Trusted Travelers. Muster obtained through FOIA 2011F03343 filed by AILA.
    AILA Doc. No. 11092833.
  • Aytes Memo on Adjustment by Arriving Aliens in Removal Proceedings(101 KB - 3/6/2007)
    Memorandum from Michael Aytes, Associate Director, Domestic Operations, provides guidance on implementation of the interim rule (71 FR 27585, 5/12/06) on applications for adjustment of status by arriving aliens in removal proceedings.
    AILA Doc. No. 07030661.
  • Aytes Memo on I-130 and I-129F Adjudication under the Adam Walsh Act(93 KB - 3/5/2007)
    In a 2/8/07 Memorandum, Michael Aytes, USCIS Associate Director, Domestic Operations, issues guidance on the adjudication of family-based immigrant visa petitions and Form I-129F Petition for Alien Fiancé(e) under the Adam Walsh Child Protection and Safety Act of 2006.
    AILA Doc. No. 07030669.
  • Aytes Memo on Conrad State 30 Extension(58 KB - 3/5/2007)
    In a 1/29/07 Memorandum, Michael Aytes, Associate Director, Domestic Operations, USCIS, notified officers of the two-year extension of the Conrad State 30 program until 6/1/08. Guidance is provided about the effect of the extension on the adjudication of Form I-612 and Form I-129.
    AILA Doc. No. 07030668.
  • CBP Directive on POE Secure Detention Procedures(2190 KB - 3/1/2007)
    A 3/9/04 CBP Directive, which was reviewed on 3/1/07, establishes a national policy for temporary detention of persons by CBP in secure areas at POEs. Guidance obtained through the CBP FOIA Library and supersedes a 7/26/01 directive.
    AILA Doc. No. 07030159.
  • Aytes Memo Explains Current FBI Name Check Policy and Announces Policy Changes(493 KB - 2/26/2007)
    A Memo dated December 21, 2006 from Michael L. Aytes explains the current FBI Name Check Policy, and announces policy changes regarding missing or incorrect date of birth, validity period, duplicate requests, and expedited name checks.
    AILA Doc. No. 07022660.
  • ICE Issues Guidance Implementing 2005 VAWA Revisions(836 KB - 2/22/2007)
    A January 22, 2007, memorandum from ICE Director of Detention and Removal Operations John P. Torres instructs ICE agents on procedures to be followed in enforcement actions involving victims of abuse.
    AILA Doc. No. 07022210.
  • Aytes Memo on Adjudication of NIW I-140s for Physicians in MUAs(1361 KB - 2/12/2007)
    A 1/23/07 Interoffice Memorandum from Michael Aytes, Associate Director, Domestic Operations, USCIS provides interim guidance for the adjudication of NIW petitions for physicians in medically underserved areas in light of Schneider v. Chertoff, 450 F.3d 944 (9th Cir. 2006).
    AILA Doc. No. 07021262.
  • USCIS Issues Revised Guide to Naturalization(430 KB - 1/12/2007)
    U.S. Citizenship and Immigration Services issued a revised Guide to Naturalization in January 2007.
    AILA Doc. No. 07011270.
  • Aytes Memo on Reauthorization of NRDAA H-1C Program(54 KB - 1/8/2007)
    A 12/26/06 Memorandum from Michael Aytes, Associate Director, Domestic Operations, USCIS, served to notify officers of the reauthorization of the Nursing Relief for Disadvantaged Areas Act (NRDAA) of 1999. As before, I-129 petitions for H-1C classification will be adjudicated by the VSC.
    AILA Doc. No. 07010866.
  • Aytes Memo on P-1 Expansion under the COMPETE Act of 2006(57 KB - 1/8/2007)
    A 12/28/06 Interoffice Memorandum from Michael Aytes, Associate Director, Domestic Operations, USCIS, describes the expansion of P-1 nonimmigrant visa classification to include certain athletes formerly admitted as H-2B nonimmigrants.
    AILA Doc. No. 07010865.
 
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