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2011

  • Practice Pointer: Expedited Biometrics for Re-Entry Permits(61 KB - 12/22/2011)
    AILA Liaison Practice Pointer on obtaining expedited treatment of biometrics for re-entry permits. USCIS guidance offered during the AILA/USCIS liaison meeting on 10/5/11.
    AILA Doc. No. 11122223.
  • Practice Alert: Instability in Yemen Complicates USCIS International Operations Efforts (12/19/2011)
    AILA Liaison has been informed that despite DOS resuming visa services in Sana'a, Yemen, the continual instability makes work for USCIS officers difficult when authenticating documents and processing DNA test results. USCIS HQ will offer written guidance.
    AILA Doc. No. 11121964.
  • Practice Pointer: Emerging View of CSPA Provisions in INA §203(h)(3)(176 KB - 11/3/2011)
    Practice pointer examining USCIS’s emerging interpretation of the CSPA at INA §203(h)(3), which protects the status of derivative children who “age out” by turning 21 prior to the availability of an immigrant visa in the principal alien’s preference category.
    AILA Doc. No. 11110365.
  • Reminder: 10/28/11 Deadline for Certain Widow(er)s to File I-360 is Next Week! (Updated 10/20/11) (10/20/2011)
    The two-year marriage rule for widow(er)s of U.S. citizens was abolished, but widow(er)s must file an I-360 by October 28, 2011 if the marriage was less than two years old at the time of death, and the death occurred prior to October 28, 2009. Special thanks to Brent Renison.
    AILA Doc. No. 11072536.
  • AILA Warns of Scam Aimed at Immigration Attorneys (Updated 10/7/11) (10/7/2011)
    AILA warns members of a scam aimed at immigration attorneys by individuals who claim that they are seeking to invest in the United States and require legal representation.
    AILA Doc. No. 11100332.
  • AILA/USCIS Liaison Meeting Q&As (10/5/11)(350 KB - 10/5/2011)
    Official Q&As from the 10/5/11 meeting between USCIS HQ and AILA liaison. USCIS responses address naturalization, Kazarian guidance, VIBE, H-1Bs, Ls, Ks, NIWs, family unity, AAO, I-131, NSEERS, asylum clock, NCSC, CRIS, and more.
    AILA Doc. No. 11100570.
  • AILA Asks Director Mayorkas to Immediately Restore Prior I-797 Delivery Procedures(82 KB - 10/4/2011)
    A 10/3/11 letter from AILA President Eleanor Pelta and AILA Executive Director Crystal Williams to USCIS Director Mayorkas objecting to the change in I-797 procedures and asking that the prior practice of providing original I-797s to attorneys be restored immediately.
    AILA Doc. No. 11100430.
  • AILA/USCIS Transformation Liaison Meeting Q&A (8/22/2011)(95 KB - 9/6/2011)
    AILA/USCIS Transformation liaison committee Q&As address the rollout schedule, EDIS, paper-based filings, rulemaking, beta testing, technical assistance and problems, authentication, attorney submission, UPL, general questions on the Transformation process, and more.
    AILA Doc. No. 11090662.
  • Notes from the AILA EB-5 Committee Meeting with USCIS Director Alejandro Mayorkas (8/10/11)(66 KB - 8/23/2011)
    Official USCIS notes from the 8/10/11 meeting between AILA’s EB-5 Committee and USCIS Director Alejandro Mayorkas. Topics include the designation authority for targeted employment areas, bridge financing and the job creation requirement, exemplar I-526 petitions, and more.
    AILA Doc. No. 11082360.
  • Diversity Visa Filing Tips(97 KB - 8/4/2011)
    Filing tips received by AILA Liaison which inform members of how to ensure that a case is receipted properly at USCIS for an Adjustment of Status application based on a Diversity Visa recipient. Courtesy of USCIS Office of Intake and Document Production.
    AILA Doc. No. 11080421.
  • AILA/USCIS Field Operations Liaison Q&As (5/20/2011)(134 KB - 7/8/2011)
    Official minutes of the 5/20/2011, AILA liaison meeting with USCIS Field Operations. Topics include I-130 appeals, fee collection, communication, right to representation, follow-up notices, I-751, DOMA, address change, NTAs, adjustment for VWP applicants, and more.
    AILA Doc. No. 11070861.
  • Replies to Follow-up Questions from AILA Liaison Meeting with USCIS HQ(47 KB - 6/9/2011)
    Unofficial USCIS HQ replies to follow-up questions from an AILA Liaison meeting with USCIS HQ on April 7, 2011. Topics include NCSC follow-up protocol, VIBE, RFE response times, EB-1 adjudication, and processing time delays.
    AILA Doc. No. 11060935.
  • Report from AILA Liaison Meeting with DHS CRCL (4/6/11)(31 KB - 6/3/2011)
    Unofficial committee notes from the April 6, 2011 meeting with the DHS Office for Civil Rights and Civil Liberties. Issues discussed include deprivation of due process in adjudications, interference with the right to counsel, inconsistent adjudications, and more.
    AILA Doc. No. 11060364.
  • AILA Liaison Memo on H-1B Cap Exemption for Entities Affiliated with Educational Institutions(280 KB - 5/10/2011)
    A 5/9/11 memo from AILA to USCIS Director Alejandro Mayorkas addressing definition of “affiliated or related nonprofit entity” for H-1B cap-exemption. Prepared by AILA’s Healthcare Committee with special thanks to Naomi Schorr.
    AILA Doc. No. 11051067.
  • Have You Sued? (4/13/2011)
    AILA Liaison wants to know if AILA members have filed a suit in federal court after the denial of an employment-based immigrant or nonimmigrant visa petition, and whether the case was first appealed to the AAO.
    AILA Doc. No. 11041367.
  • Tips For Submitting VIBE RFE Examples (4/11/2011)
    Both AILA Liaison and USCIS are seeking examples of VIBE RFEs that are unnecessary or overly-broad and ask members to report them to both AILA and to USCIS.
    AILA Doc. No. 11041133.
  • AILA Liaison/USCIS Meetings Q&As(155 KB - 4/7/2011)
    Official Q&As from the 4/7/11 meeting between USCIS HQ and AILA liaison. USCIS responses address policy driving adjudications, Kazarian guidance, visa waiver program adjudications, H-1B portability, implementation of VIBE, and more.
    AILA Doc. No. 11040735.
  • AILA/LGBT Working Group Practice Alert: What Does the DOMA Announcement Mean for Immigration Cases?(195 KB - 3/31/2011)
    The AILA/LGBT Liaison Working Group discusses the impact of the Defense of Marriage Act (DOMA) on family-based immigration cases for a same-sex married couple.
    AILA Doc. No. 11033160.
  • USCIS Lifts Hold on Cases Involving Same-Sex Partners (3/30/2011)
    AILA has learned that the USCIS hold on adjudication of cases involving same-sex partners has been lifted.
    AILA Doc. No. 11032842.
  • Highlights from USCIS Transformation Listening Sessions - March 2011(50 KB - 3/24/2011)
    AILA/USCIS liaison committee offers notes from two webinars on USCIS Transformation which occurred on 3/1/11 and 3/4/11.
    AILA Doc. No. 11032462.
  • VWP Adjustment Update Coming Soon (3/4/2011)
    AILA Liaison has learned that USCIS HQ has instructed field offices on VWP adjustment eligibility.
    AILA Doc. No. 11030422.
  • Clarification on H-1B "Affiliation" for Teaching Hospitals Coming Soon (3/4/2011)
    AILA Liaison has learned that USCIS will be sending out clarification next week on H-1B cap-exemptions for teaching hospitals affiliated with medical schools.
    AILA Doc. No. 11030421.
  • I-129 Export Controls Resource Page (2/17/2011)
    Information and guidance on advising employers on the export controls questions in Part 6 of USCIS Form I-129, Petition for a Nonimmigrant Worker.
    AILA Doc. No. 11021767.
  • I-129 Export Controls Responses Required On or After 2/20/11 (Updated 2/18/11) (2/18/2011)
    AILA Liaison reminds members that the export controls/ITAR questions in Part 6 of Form I-129 must be answered for petitions postmarked on or after February 20, 2011.
    AILA Doc. No. 11021467.
  • AILA/USCIS Field Operations Liaison Meeting Q&As (1/7/11)(97 KB - 2/10/2011)
    Official minutes of the January 7, 2011, AILA meeting with USCIS Field Operations Directorate. Topics include G-28 issues, waivers, InfoPass, name changes during naturalization, AOS filing fees during proceedings, termination of proceedings, and more.
    AILA Doc. No. 11021031.
  • AILA Practice Pointer: Final USCIS Guidance on Surviving Relatives (1/10/2011)
    AILA Liaison offers analysis and commentary on the 12/16/10 USCIS policy memorandum on the approval of petitions and applications after the death of the qualifying relative under new INA §204(l). Special thanks to Brent Renison.
    AILA Doc. No. 11011067.
  • AILA/USCIS Liaison Practice Pointer: Filing Petitions or Applications at the Wrong Service Center (1/10/2011)
    AILA/USCIS Liaison committee reminds practitioners that USCIS will not reject an application or petition if it is submitted to the wrong service center or lockbox in most cases. However, exceptions apply for certain premium processing cases and H-1B petitions.
    AILA Doc. No. 11011063.
 
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