Foreign Nationals Sentenced for Trafficking Identities of Puerto Rican US Citizens

Five foreign nationals were sentenced to prison for their respective roles in trafficking the identities of Puerto Rican U.S. citizens and corresponding identity documents, announced Assistant Attorney General Lanny A. Breuer of the Justice Department's Criminal Division; U.S. Attorney Rosa E. Rodríguez-Vélez for the District of Puerto Rico; Director John Morton of U.S. Immigration and Customs Enforcement (ICE), which oversees Homeland Security Investigations (HSI); Chief Postal Inspector Guy J. Cottrell of the U.S. Postal Inspection Service (USPIS); Scott P. Bultrowicz, Director of the U.S. State Department's Diplomatic Security Service (DSS); and Internal Revenue Service-Criminal Investigation (IRS-CI) Chief Richard Weber.

Daniel Aparicio-Lara, 29, a Mexican national formerly of Burlington, N.C., was sentenced Tuesday, December 18, 2012, to 66 months in prison by U.S. District Judge Thomas D. Schroeder in the Middle District of North Carolina. In addition to his prison term, Aparicio-Lara was sentenced to serve three years of supervised release and ordered to forfeit $140,800 in proceeds. On Sept. 18, 2012, Aparicio-Lara pleaded guilty in front of Judge Schroeder to one count of conspiracy to commit identification fraud and one count of aggravated identity theft.

Manuel Guzman-Santos, 37, a Dominican national formerly of Worcester, Mass., and Marco Pena, 37, a Dominican national formerly of Dorchester, Mass., were sentenced Monday, December 17, 2012, by U.S. District Judge Joseph L. Tauro in the District of Massachusetts. Both Guzman-Santos and Pena were sentenced to serve 30 months in prison. On Aug. 2, 2012, Guzman-Santos and Pena each pleaded guilty in front of Judge Tauro to one count of conspiracy to commit identification fraud.

Adelfo Perez-Garcia, 36, a Mexican national formerly of Seymour, Ind., and Alma Yesenia Garcia-Ramirez, 29, a Mexican national formerly of Crystal Lake, Ill., were sentenced yesterday by U.S. District Judge Gustavo A. Gelpí in the District of Puerto Rico. Perez-Garcia was sentenced to serve 24 months and one day in prison and Garcia-Ramirez was sentenced to serve 24 months in prison. Judge Gelpí ordered the removal of both defendants from the United States after the completion of their sentences and ordered that Garcia-Ramirez forfeit $35,900 in proceeds. On Aug. 28, 2012, Perez-Garcia pleaded guilty to one count of conspiracy to commit identification fraud in the District of Puerto Rico in front of U.S. Magistrate Judge Silvia Carreño-Coll. On Sept. 4, 2012, Garcia-Ramirez pleaded guilty to one count of conspiracy to commit alien smuggling for financial gain in the District of Puerto Rico before U.S. Magistrate Judge Bruce J. McGiverin.

The five defendants were charged in a superseding indictment returned by a federal grand jury in Puerto Rico Mar. 22, 2012. To date, a total of 53 individuals have been charged for their roles in the identity trafficking scheme, and 23 defendants have pleaded guilty.

Court documents allege that individuals located in the Savarona area of Caguas, Puerto Rico, obtained Puerto Rican identities and corresponding identity documents. Other conspirators located in various cities throughout the United States (identity brokers) allegedly solicited customers and sold Social Security cards and corresponding Puerto Rico birth certificates for prices ranging from $700 to $2,500 per set. The superseding indictment alleges that identity brokers ordered the identity documents from Savarona suppliers, on behalf of the customers, by making coded telephone calls. The conspirators are charged with using text messages, money transfer services and express, priority or regular U.S. mail to complete their illicit transactions.

Court documents allege that some identity brokers assumed a Puerto Rican identity themselves and used that identity in connection with the trafficking operation. Their customers allegedly generally obtained the identity documents to assume the identity of Puerto Rican U.S. citizens and to obtain additional identification documents, such as legitimate state driver's licenses. Some customers allegedly obtained the documents to commit financial fraud and attempted to obtain a U.S. passport.

According to court documents, various identity brokers were operating in Rockford, Ill.; DeKalb, Ill.; Aurora, Ill.; Seymour, Ind.; Columbus, Ind.; Indianapolis; Hartford, Conn.; Clewiston, Fla.; Lilburn, Ga.; Norcross, Ga.; Salisbury, Md.; Columbus, Ohio; Fairfield, Ohio; Dorchester, Mass.; Lawrence, Mass.; Salem, Mass.; Worcester, Mass.; Grand Rapids, Mich.; Nebraska City, Neb.; Elizabeth, N.J.; Burlington, N.C.; Hickory, N.C.; Hazelton, Pa.; Philadelphia; Houston; Abingdon, Va.; Albertville, Ala.; and Providence, R.I.

According to court documents, Aparicio-Lara admitted that he was an identity broker who operated in North Carolina and Missouri; Guzman-Santos and Pena admitted that they were identity brokers who operated in Massachusetts; and Perez-Garcia admitted that he was an identity broker who operated in Indiana. Garcia-Ramirez admitted to assisting an Illinois-based identity broker and transferring money on behalf of the organization. The five defendants used either a real Texan or Puerto Rican identity themselves to commit identification fraud and to facilitate their identity trafficking business.

The charges are the result of Operation Island Express, an ongoing, nationally-coordinated investigation led by HSI Chicago and USPIS, DSS and IRS-CI offices in Chicago, in coordination with HSI San Juan. The Illinois Secretary of State Police (Elgin, Ill.) Police Department; Seymour (Ind.) Police Department; and Indiana State Police provided substantial assistance. HSI Dominican Republic and International Organized Crime Intelligence, and Operations Center as well as various ICE, USPIS, DSS and IRS-CI offices around the country provided invaluable assistance.

The case is being prosecuted by Trial Attorneys James S. Yoon, Hope S. Olds, Courtney B. Schaefer, and Christina Giffin of the Justice Department Criminal Division's Human Rights and Special Prosecutions Section, with the assistance of Acting Deputy Chief Jeannette Gunderson of the Criminal Division's Asset Forfeiture and Money Laundering Section, and the support of the U.S. Attorney's Office for the District of Puerto Rico. The U.S. Attorney's Offices in the Northern District of Illinois, Southern District of Indiana, District of Connecticut, District of Massachusetts, District of Nebraska, Middle District of North Carolina, Southern District of Ohio, District of Rhode Island, Southern District of Texas and Western District of Virginia provided substantial assistance.

Potential victims and the public may obtain information about the case at: www.justice.gov/criminal/vns/caseup/beltrerj.html. Anyone who believes their identity may have been compromised in relation to this investigation may contact the ICE toll-free hotline at 1-866-DHS-2ICE (1-866-347-2423) and its online tip form at www.ice.gov/tipline. Anyone who may have information about particular crimes in this case should also report it to the ICE tip line or website.

Anyone who believes that they have been a victim of identity theft, or wants information about preventing identity theft, may obtain helpful information and complaint forms on various government websites including the Federal Trade Commission ID Theft Website, www.ftc.gov/idtheft. 

11 Arrested for Immigration and Document Fraud Conspiracy, Attempted to Bribe USCIS Employee

Eleven men are in federal custody following their arrest Wednesday, November 28, 2012, in Myrtle Beach by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) for their attempt to fraudulently acquire immigration documents.

Prosecutors from the U.S. Attorney's Office for South Carolina have charged the men, 10 from Israel and one from Kenya, for knowingly conspiring with each other to procure by fraud resident alien and employment authorization documents.

The defendants, none of whom are from South Carolina, are accused of travelling to Myrtle Beach to meet with who they thought was a corrupt U.S. Citizenship and Immigration Services employee. The men are alleged to have paid the supposedly corrupt employee varying amounts of money, typically $5,000 or $6,000, for the valid immigration documents. Following the arrest operation, HSI special agents seized more than $120,000 from the defendants.

"Defending the integrity of our immigration system is a key component of our national security system," said Brock. D. Nicholson, special agent in charge of HSI Atlanta. "Those who seek to corrupt our system must be swiftly identified and brought to justice."

The individuals arrested are charged under a criminal indictment, which raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

The defendants are:

·                             Nevo Yosef Katzav

·                             Amir Arpally

·                             Assi David Nishri

·                             Einan Salach

·                             Idan Oren

·                             Omri Lipman

·                             Anat Bor

·                             Florence Tiego

·                             Lior Shriki

·                             Amos Shmilovich

·                             Eran Kol

USCIS Unveils Online Immigrant Entrepreneur Resource Center

U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas marked a significant milestone for the USCIS Entrepreneurs in Residence (EIR) initiative by launching an online resource center Wednesday, November 28, 2012, at the Martin Trust Center for MIT Entrepreneurship in Cambridge, Mass. The resource center, Entrepreneur Pathways, provides entrepreneurs who seek to start a business in the United States an intuitive way to navigate the immigration process.

"Through our innovative Entrepreneurs in Residence initiative, we are working to realize our current immigration system’s full potential to attract and retain startup enterprises that promote innovation and spur job creation in America," said Director Alejandro Mayorkas. "The first phase has already led to unique improvements in our programs and enabled us to better serve immigrant entrepreneurs."

Launched earlier this year at an Information Summit in Silicon Valley, the EIR initiative draws on industry expertise to strengthen USCIS policies and practices critical to American economic growth. The team comprised startup business experts and USCIS immigration experts working collaboratively over a short period of time to streamline pathways for a range of existing nonimmigrant visa categories often used by entrepreneurs.

"This initiative is so innovative and progressive. It’s all about finding pragmatic solutions," said EIR team member and Vice President of Strategic and Community Development and Chief Ecosystem Builder at SoftLayer Technologies Paul Ford. "USCIS’s officers and leadership clearly want to deliver quality services to people who want to invest, work and live in the United States. They have embraced our input and did something with it."

In addition to creating Entrepreneur Pathways, the EIR team:

               Developed and deployed a training workshop for USCIS employment-based immigration officers that focuses on startup businesses and the environment for early-stage innovations;

               Trained a team of specialized immigration officers to handle entrepreneur and startup cases;

               Modified Request for Evidence templates for certain nonimmigrant visa categories to incorporate new types of relevant evidence into the adjudicative process; and

               Developed a plan for quarterly engagements with the entrepreneurial community to ensure that USCIS stays current with industry practices.

To sustain the momentum and build on the team’s accomplishments, USCIS extended the EIR project through April 2013. Among other things, the team will expand its focus to immigrant visa pathways that may enable foreign entrepreneurs to start a business in the United States within current immigration law. 

ICE ERO Launches Community and Detainee Helpline

U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) recently launched the second phase of its ICE Community and Detainee Helpline (CDH). In this phase, detainees from ERO Atlanta, Baltimore, Miami, New Orleans and Washington will be able to directly contact the Office of the Public Advocate by telephone through toll-free telephone systems in the facilities. This expanded service streamlines the means by which detainees can access assistance.

Expanding the CDH is a joint project between ERO's Office of the Public Advocate and its Custody Management Division (CMD). Activating this helpline in additional detention facilities will take place over several phases, with nationwide implementation to be completed by the second quarter of fiscal year 2013.

Adding access to this toll-free helpline is not meant to replace regular staff-detainee communications or the field offices' regular exchanges with their stakeholders. It is a direct line that provides detainees the opportunity to obtain basic immigration case information, report systemic incidents or inform ICE of pertinent issues such as detainee vulnerabilities. Both the Office of the Public Advocate and CMD are hopeful that expanding this resource will enhance ERO's public engagement capabilities, enabling both headquarters and field office locations to better address the concerns of the public and detainees.

The Office of the Public Advocate has established protocols to ensure that all issues related to the helpline are managed in an efficient and timely manner. All calls to the CDH are managed by ERO operators who have been trained to identify specific concerns, summarize salient points, and route them to the appropriate field offices or ICE headquarters for appropriate review and action.

ERO Public Advocate Andrew Lorenzen-Strait said this is consistent with ERO's goals of ensuring transparency and collaboration, and resolving conflict.

"We are excited to launch the next phase of the ICE Community and Detainee Helpline," Lorenzen-Strait said. "We are confident that this expanded service will allow us to promote further dialogue with our many stakeholders and continue to build bridges with our communities."

ICE Supports Hurricane Sandy Recovery Efforts

In the aftermath of Hurricane Sandy, U.S. Immigration and Customs Enforcement (ICE) focused on making the safety and support of ICE personnel in the region a top priority.

"The cohesiveness of our ICE HSI (Homeland Security Investigations) staff in New York and throughout the country to provide assistance to employees in need has been really incredible to see," said James T. Hayes Jr., special agent in charge for HSI New York. "The response to this crisis, from within all of ICE, has been incredibly inspiring."

More than 100 special agent volunteers with HSI New York have united with members of HSI New York's special response team (SRT) and rapid response team (RRT) to help those in need. SRTs and RRTs from other offices including HSI Boston and HSI Tampa, as well as personnel from ICE's Enforcement and Removal Operations (ERO), have joined recovery efforts, demonstrating that in the face of tragedy, ICE works and stands as one force. While multiple teams continue to operate in the hurricane-ravaged area, help was being provided well before their arrival.

"Support efforts were actually taking place on the day of the storm," said Anthony Scandiffio, deputy special agent in charge (DSAC) for HSI New York. "During the hurricane, trees blocked many roadways, electrical wires were down all over the place, and many streets were flooded with water. As a result, we had SRT members trying to reach affected agents in order to rescue them from rising water levels in their homes. We also had ASACs (assistant special agents in charge) driving to relocate agents and their families during the height of the storm."

Weather conditions eventually became so severe that in one case a special agent actually had to swim from his home to safety. Immediately following Sandy's passing, various teams went to check on storm victims. Team members spent hours pumping water out of homes, removing fallen trees and water-logged furniture, issuing generators, and helping to board up homes. In addition to taking care of damaged property, special agents also took care of families, as they delivered food and water to ICE personnel. HSI New York SRT members initiated a food and clothing drive which resulted in the collection of approximately 50 large bags of food, clothing and blankets, which were delivered to a distribution center in Long Beach, N.Y.

"We tried to assist our agents and support staff as much as possible to make this ordeal a little easier on them and their families," said Scandiffio. "SRT and RRT members did welfare checks for two weeks straight on everyone we provided assistance to. SRT members would visit homes at night to see how agents and their families were doing, and to provide them with gas for their generators. They also provided protection for these homes from looting that was taking place in the Rockaways and other places."

In many areas, the HSI New York SRT utilized its Mine Resistant Ambush Protected Vehicle (MRAP) to pull destroyed government vehicles onto the street so they could be towed out of the area. Additionally, members from U.S. Customs and Border Protection offices in the region helped to transport generators and other supplies, including twenty-two generators sent by HSI Miami, as well as power strips, extension cords and five-gallon gas containers sent by HSI Philadelphia. ERO personnel also set up a mobile command center to facilitate teams' movements to those who were most in need.

"The willingness of our fellow employees from around the country and from all levels at ICE headquarters, to not only come and help, but to leave their equipment for us to use, says a lot about the strength and culture of this agency moving forward," said Hayes.
Just a few miles away in New Jersey, leadership from HSI and ERO Newark also worked together to ensure that all ICE personnel in the area were taken care of and that ICE's presence there went on uninterrupted in support of the community.

HSI Newark's RRT responded to help account for employees and conduct welfare checks. Employees not only supported each other but provided law enforcement support to the federal, state and local first responders directly engaged in assisting the millions of people who needed help.

"I was heartened and impressed by the resilience and dedication shown by officers and agents following the devastating storm that New Jersey experienced," said John Tsoukaris, field office director for ERO Newark. "Under very challenging conditions, ERO employees continued to ensure the safety and security of our detainees, as well as ICE's public safety mission. Many employees operated out of offices with no power or heat for several days and did a remarkable job in making the field office operational within a very short timeframe. They did this even as they were going through significant challenges in their personal lives with their families, many of which were struggling without power and other basic amenities."

Arrests for 4 Floridians in Immigration Fraud Scam

Four individuals were arrested in Naples, Fla., Aug. 31, for conspiring to commit immigration fraud.  These arrests resulted from an investigation conducted by U.S. Immigration and Customs Enforcement's (ICE) Office of Professional Responsibility, ICE's Homeland Security Investigations (HSI), U.S. Citizenship and Immigration Services, and the Collier County Sheriff's Office.

The indictment alleges the defendants conspired to sell fraudulent Cuban birth certificates and to assist in the preparation of fraudulent applications for immigration benefits. 

Nelson Daniel Silvestri Soutto, 53,  Laura Maria Ponce Santos, 59, and Amelia Osorio, 60,  all of Naples, Fla., Fidel Morejon Vega, 40, of Kissimmee, Fla.,  were indicted by a federal grand jury in Miami for conspiring to commit immigration fraud.  Vega was also charged with three counts of false impersonation of an officer of the United States. 

Immigration Benefits Available for Immigrants Affected by Hurricane Isaac

U.S. Citizenship and Immigration Services (USCIS) reminds customers affected by Hurricane Isaac of certain U.S. immigration benefits that may be available to them.

USCIS understands that a natural disaster can affect an individual’s ability to maintain lawful immigration status. Eligible individuals may apply for temporary relief measures, including:

               A change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;

               Extension or re-parole of individuals previously granted parole by USCIS;

               Advance parole, and expedited processing of advance parole applications;

               Expedited adjudication of requests for off-campus employment authorization applications for F-1 students experiencing severe economic hardship;

               Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and the spouses and children of lawful permanent residents (LPRs) whose priority dates are current;

               Expedited adjudication of employment authorization applications; and

               Assistance to LPRs stranded overseas without immigration or travel documents, such as Permanent Resident Cards (Green Cards). USCIS and the Department of State will coordinate on these matters when LPRs are stranded in places that do not have a local USCIS office.

Visitors traveling under the Visa Waiver Program may visit a USCIS local office for assistance. Individuals affected by the hurricane who are at a U.S. airport may contact the nearest U.S. Customs and Border Protection office for assistance.

For more information on USCIS humanitarian programs, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283. Hearing-impaired persons can call 1-800-767-1833.

USCIS Makes Forms Available for Deferred Action, Filing Starts Wednesday, August 15, 2012

During a Stakeholder Conference Call today, August 14, 2012, the USCIS announced final updates to the Deferred Action for Childhood Arrivals ('DREAM Act') filing process. Forms are now available for Deferred Action Requests, and the filing process will begin Wednesday, August 15, 2012.

Please note that although the forms and filing instructions are available today, August 14, 2012, requests will NOT be accepted before Wednesday, August 15, 2012. Any requests made BEFORE Wednesday, August 15, 2012, will be DENIED.

For updated information on the filing process and qualifications for the Deferred Action for Childhood Arrivals -- including information on what constitutes being "currently in school," and how previous false claims and/or juvenile delinquency affect a request -- follow the link below to the official USCIS website for Deferred Action for Childhood Arrivals. You may also download the form and form instructions through that link. In addition, you may call the USCIS's toll-free hotline at (800) 375-5283 for any remaining questions you may have concerning the process.  

USCIS Deferred Action for Childhood Arrivals

USCIS Posts NEW Updates to Deferred Action for Childhood Arrivals Filing Process

            During a Stakeholder's conference call today, August 3, 2012, the USCIS announced a link to an updated website regarding Requests for Deferred Action for Childhood Arrivals. The updated website has extensive information on the filing process including:

·         Fees and fee exemptions

·         Filing dates

·         Forms

·         Evidence requirements

           

Follow the link below to read this newly released information:

www.uscis.gov/childhoodarrivals

Centralized Filing for Certain USCIS Forms

Beginning June 4, 2012, individuals abroad who have applied for certain visas and have been found ineligible by a U.S. Consular Officer, will be able to mail requests to waive certain grounds of inadmissibility directly to a U.S. Citizenship and Immigration Services (USCIS) Lockbox facility. This change affects where individuals abroad, who have been found inadmissible for an immigrant visa or a nonimmigrant K or V visa, must send their waiver applications.

Currently, applicants experience processing times from one-month to more than a year depending on their filing location. This centralization will provide customers with faster and more efficient application processing and consistent adjudication. It is part of a broader agency effort to transition to domestic filing and adjudication; it does not reflect a change in policy or the standards by which the applications are adjudicated. Individuals filing waiver applications with a USCIS Lockbox will now be able to track the status of their case online.

The change affects filings for:

               Form I-601, Application for Waiver of Grounds of Inadmissibility

               Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal

               Form I-290B, Notice of Appeal or Motion, (if filed after a denial of a Form I-601 or Form I-212)

Applicants who mail their waiver request forms should use the address provided in the revised form instructions on the USCIS website. Applicants who wish to receive an email or text message when USCIS has received their waiver request may attach Form G-1145, E-Notification of Application/Petition Acceptance, to their application.

During a limited six-month transition period, immigrant visa waiver applicants in Ciudad Juarez, Mexico, will have the option to either mail their waiver applications to the USCIS Lockbox in the United States or file in-person at the USCIS office in Ciudad Juarez. USCIS is aware of the pending caseload for applicants in Ciudad Juarez and is taking proactive steps to work through these cases. USCIS will significantly increase the number of officers assigned to adjudicate the residual cases filed before June 4, and those filed during the interim six-month transition period. USCIS has already begun to test this process and has transferred applications from Ciudad Juarez to other USCIS offices in the United States.  

This change is separate and distinct from the provisional waiver proposal published in the Federal Register on Mar. 30, 2012.

Brazilian Native Suspected of Child Trafficking Deported

A Brazilian woman wanted in her native country as a suspect in a child trafficking investigation was deported and turned over to Brazilian federal police Wednesday, June 27, 2012, by agents with U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) Phoenix.

Vania Maria Plasse, 47, of Governador Valaderes, Brazil, was repatriated to Brazil aboard a commercial aircraft under escort by ERO agents. Plasse, who was previously held in immigration detention in Arizona, was turned over to Brazilian authorities at Guarulhos International Airport in Sao Paulo the morning of Wednesday, June 27, 2012. She is charged in a criminal arrest warrant issued in April 2011 by a Brazilian federal judge related to a child trafficking investigation.

"Plasse's return to Brazil to face criminal charges is the result of close international cooperation between ICE personnel in Arizona, our ICE attaché staff in Brazil and Brazilian law enforcement," said Katrina S. Kane, field office director of ERO Phoenix. "ICE is committed to working closely with our law enforcement partners here and abroad to ensure these individuals are identified and brought to justice."

Plasse was first encountered by U.S. authorities January 12, 2011, when she was arrested by agents with the U.S. Border Patrol's Tucson Sector after entering the U.S. illegally near Nogales. Plasse was subsequently issued a notice to appear before an immigration judge and transferred to ICE custody, where she was placed in immigration detention at the Eloy Detention Center while undergoing removal proceedings.

In April 2011, the ICE attaché office at the U.S. Embassy in Brasilia notified ICE officials in Arizona that Brazilian authorities had just issued an arrest warrant for Plasse related to a child trafficking investigation. Assistant Chief Counsel Ryan Goldstein from ICE's Office of the Chief Counsel Phoenix handled the ensuing immigration court litigation and in May 2012, an immigration judge with the Department of Justice's Executive Office for Immigration Review ordered Plasse deported.

Since Oct. 1, 2009, ERO has removed about 455 foreign fugitives from the United States who were being sought in their native countries for serious crimes, including kidnapping, rape and murder. ERO works with ICE's Office of International Affairs, foreign consular offices in the United States, and Interpol to identify foreign fugitives illegally present in the country.

EB-2 Cut-off Date Announced by Department of State for Worldwide, Mexico, and the Philippines

The Department of State recently posted its July Visa Bulletin indicating that the cut-off date for EB-2 Worldwide, Mexico and the Philippines has regressed to Jan. 1, 2009. The June cut-off date for EB-2 Worldwide, Mexico and the Philippines is "C" for "current." This means that a cut-off date is not specified for these categories through the end of the month.

A visa number is available if the applicant’s priority date is earlier than the cut-off date listed in the Visa Bulletin, or the category has the "C" designation for "current."  A visa number must be available during the month the applicant files Form I-485, Application to Register Permanent Residence or Adjust Status.

The EB-2 category is for members of professions with advanced degrees or persons of exceptional ability. All adjustment of status applicants must file Form I-485 with all the required initial evidence described in the form instructions. A key piece of initial evidence is Form I-693, Medical Examination of Aliens Seeking Adjustment of Status.

USCIS strongly encourages adjustment of status applicants to file their Form I-485 with all required initial evidence, including Form I-693. Failure to provide all required initial evidence may result in adjudication delays for Form I-485 and requests for additional benefits, such as employment authorization. 

2013 H-1B Petitions Reaches Statutory Cap

U.S. Citizenship and Immigration Services (USCIS) announced June 12, 2012 that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY) 2013. Yesterday, June 11, 2012, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2013.

USCIS will consider properly filed cases as received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers if they arrive after June 11, 2012 and seek an employment start date in FY 2013.

As of June 7, 2012, USCIS already received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the ‘advanced degree’ exemption. USCIS will continue to accept and process petitions that are otherwise exempt from the cap.

In addition, petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted toward the FY 2013 H-1B cap.  As such, USCIS will continue to accept and process these petitions to:

               extend the amount of time a current H-1B worker may remain in the U.S.;

               change the terms of employment for current H-1B workers;

               allow current H-1B workers to change employers; and

               allow current H-1B workers to work concurrently in a second H-1B position.

U.S. businesses use the H-1 B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as scientists, engineers or computer programmers.

USCIS Clarifies Public Confusion Over Provisional Unlawful Presence Waiver

On March 30, 2012, the Department of Homeland Security (DHS) posted a Notice of Proposed Rulemaking (NPRM) in the Federal Register outlining its plan to reduce the time U.S. citizens are separated from their immediate relatives (spouses, children, parents) while those family members are in the process of obtaining an immigrant visa to become lawful permanent residents of the United States.

Since the announcement, the USCIS became aware of public misperceptions about the rule-making process and when the provisional unlawful presence waiver process will take effect. To address these issues, the USCIS advises:

  The Provisional Unlawful Presence Waiver is NOT in effect. The provisional unlawful presence waiver will not be available to potential applicants until an effective date is specified in the final rule USCIS will publish later this year in the Federal Register. USCIS has published a notice of proposed rulemaking and will consider all comments received as part of that process before publishing a final rule.

  Do not send an application requesting a provisional waiver at this time. USCIS will reject any application requesting a provisional waiver and return the application and any related fees to the applicant. USCIS cannot accept requests for a provisional waiver until the process change takes effect.

  Beware of notarios, or other individuals who are not authorized to practice immigration law, who claim they can help you get a provisional waiver. These individuals also may ask you to pay them money upfront to file an application for a provisional waiver. Avoid such scams.

  If you have been scheduled for your immigrant visa interview with the U.S. Department of State, attend the interview. The Department of State may cancel your immigrant visa registration if you fail to appear for your interview.

USCIS Will Continue to Accept FY 2013 H-1B Petitions

U.S. Citizenship and Immigration Services (USCIS) announced Monday, April 9, that it continues to accept H-1B nonimmigrant petitions that are subject to the fiscal year (FY) 2013 cap. The agency began accepting these petitions on April 2, 2012.

USCIS has received approximately 17,400 H-1B petitions counting toward the 65,000 cap, and approximately 8,200 petitions toward the 20,000 cap exemption for individuals with advanced degrees.

USCIS will provide regular updates on the processing of FY 2013 H-1B petitions. These updates and helpful filing information can be found at USCIS’s website highlighting the H-1B program. Should USCIS receive the number of petitions needed to meet the cap, it will issue an update advising the public that the FY 2013 H-1B cap has been met as of a certain date, known as the “final receipt date.” The date USCIS informs the public that the cap has been reached may differ from the actual final receipt date.

If necessary, USCIS may randomly select the number of petitions received on the final receipt date that will be considered for final inclusion within the cap. The agency will reject petitions subject to the cap that are not selected, as well as those received after the final receipt date. Whether a petition is received by the final receipt date will be based on the date USCIS physically receives the properly filed petition, not the date that the petition is postmarked.

Cases for premium processing (faster processing of certain employment-based petitions and applications) of H-1B petitions filed during an initial five-day filing window are undergoing a 15-day processing period that began April 9. For all other H-1B petitions filed for premium processing, the processing period begins on the date that the properly filed petition is physically received at the correct USCIS Service Center.

Meanwhile, petitions filed by employers who are exempt from the cap, as well as petitions filed on behalf of current H-1B workers who have been counted previously against the cap within the past six years, will not count toward the cap.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise. Such workers include scientists, engineers, and computer programmers, among others.

Mississippi Businesses Join ICE's IMAGE Program

Three Mississippi businesses signed agreements Monday, April 9, with U.S. Immigration and Customs Enforcement (ICE) to become members of the IMAGE program, short for "ICE Mutual Agreement between Government and Employers." VT Halter Marine, United States Marine, INC., and DCD Construction, INC., joined IMAGE, which provides businesses an opportunity to partner with the agency to develop a more secure and stable workforce.

The three companies are part of only a handful of companies in the state that have undergone the rigorous IMAGE certification process. As part of this process, they have completed extensive training and rigorous evaluation of their hiring processes.

At the signing ceremony on Monday, April 9, Raymond R. Parmer, Jr., special agent in charge of ICE's Homeland Security Investigations (HSI) New Orleans said, "ICE recognizes that the highest level of employment integrity can only be achieved through close coordination with industry partners. VT Halter Marine, United States Marine, INC. and DCD Construction, INC. will join IMAGE business participants around the country who are committed to protecting the integrity of their workforce by helping ensure that their employees are who they represent themselves to be."

The companies echoed similar sentiments by saying their acceptance into the IMAGE program not only solidified their positions as responsible corporate citizens, it reaffirmed their pride in the diversity of their compliant workforce. The contributions of their workforce strengthen the economy and embody the American ideal of hard work. Undocumented workers create vulnerabilities in the marketplace by presenting false documents to gain employment, completing applications for fraudulent benefits and stealing identities of legal workers. The IMAGE program provides employers with screening tools to prevent unauthorized workers from being hired.

The IMAGE program was initiated in 2006 with partners from around the United States and a wide range of industries, including: employment services, aviation, transportation, construction, high technology, shipping and manufacturing. By signing the IMAGE contract for full membership, businesses establish a formal partnership with law enforcement to follow the best hiring practices recommended by the program, train their staff to uphold the high standards required by the program and use the tools offered by the federal government to screen employees and ensure they are lawfully authorized to work.

IMAGE members work with ICE to meet the standards set by the program. In addition, they partner with ICE officials to assess their business practices and improve the way they hire, process 1-9 forms, maintain employment records and otherwise comply with U.S. laws regarding employment. The E- Verify program is administered by U.S. Citizenship and Immigration Services. Through this program, employers can verify that newly hired employees are eligible to work in the United States. This Internet-based program is available in all 50 states and is free to employers. E-verify provides an automated link to the Social Security Administration database and Department of Homeland Security immigration records.

Mississippi-area employers interested in the IMAGE program may contact the local IMAGE coordinator at 1-866-DHS-2ICE.

USCIS Announces Changes to Form I-797C

On April 2, 2012, USCIS will issue Form I-797C, Notice of Action, with a new look and feel. The USCIS will print the Form I-797C on plain bond paper. This change is estimated to save the agency about $1.1 million per year.

This form change will help reduce public perception that the Form I-797C demonstrates evidence of an immigration benefit or status. The top of the new Form I-797C will clearly display: “THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT.”

Please note, the Form I-797C, Notice of Action is used ONLY for certain types of communication between individuals and the agency including notifications of:

               Receipt (notifies the customer that their payment and application/petition has been received by USCIS)

               Rejection (notifies the customer that their application/petition has been rejected due to incorrect information or payment)

               Transfer (notifies the customer that their case was relocated to another USCIS office for processing)

               Re-Open (notifies the customer that USCIS has approved a motion to re-open their completed case and it is being processed)

               Appointment (notifies the customer that they have an appointment with USCIS to obtain fingerprint or biometric capture, to attend an interview, or that their appointment has been rescheduled)

Form I-797C appointment notices will also contain disability accommodation information on the back of the form. Previously this information was included as a separate flyer that was sent along with the notice. Printing this information on the back of the form will save additional resources by consolidating the notice and disability information into one form.

Form I-797C Notice of Actions issued before April 2, 2012, will remain valid. This change to Form I-797C is part of our ongoing efforts to improve customer service while enhancing agency operations.

USCIS Announces Changes to Select Waivers of Inadmissibility

U.S. Citizenship and Immigration Services (USCIS) posted on March 30 a Notice of Proposed Rulemaking (NPRM) in the Federal Register that would reduce the time U.S. citizens are separated from their spouses, children, and parents (i.e. immediate relatives) who must obtain an immigrant visa abroad to become lawful permanent residents of the United States. This rule would allow certain immediate relatives of U.S. citizens to apply for a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States if they can demonstrate that being separated from their U.S. citizen spouse or parent would cause that U.S. citizen relative extreme hardship. The proposed rule will not alter how USCIS determines eligibility for a waiver of inadmissibility or how an individual establishes extreme hardship.

“The law is designed to avoid extreme hardship to U.S. citizens, which is precisely what this proposed rule will more effectively achieve,” said USCIS Director Alejandro Mayorkas. “The current process can subject U.S. citizens to months of separation from family members who are waiting for their cases to be processed overseas. The proposed change will have tremendous impact on families by significantly reducing the time of separation.”

USCIS also proposes creating a new form for immediate relatives of U.S. citizens who choose to apply for a provisional unlawful presence waiver. Once in effect, this form would be used for individuals filing an application for a provisional unlawful presence application before he or she departs the United States to complete the immigrant visa process at a U.S. Embassy or consulate abroad. The streamlined process would only apply to immediate relatives who are otherwise eligible for an immigrant visa based on an approved immediate relative petition.

The proposed process outlined above is not in effect and is not available until USCIS publishes a final rule with an effective date in the Federal Register. USCIS will consider all public comments on the proposed rule announced today before publishing the final rule in the coming months. Individuals at this time should not to submit an application for a provisional unlawful presence waiver, or allow anyone to submit one on their behalf because it will be rejected.

USCIS encourages the public to submit formal input on the proposed rule through www.regulations.gov during a comment period that runs from April 2, 2012 until June 1, 2012.

A detailed Web page addressing the proposed rule is currently posted to www.uscis.gov/provisionalwaiver. Additional details on the proposed process changes will be available soon at www.regulations.gov.

Secure Communities: Rights and Liberties Protection

Civil Rights and Liberties

Secure Communities reduces opportunities for racial or ethnic profiling because all people booked into jails are fingerprinted. U.S. Immigration and Customs Enforcement (ICE) and DHS' Office for Civil Rights and Civil Liberties (CRCL) are currently implementing additional safeguards to further protect the program from those who may seek to use it improperly.

Several initiatives to achieve these goals are underway:

·                             In order to identify jurisdictions that may be making improper arrests that could result in identification of aliens through Secure Communities, ICE and CRCL have retained a leading statistician who is examining data for each jurisdiction where Secure Communities is activated, comparing data for aliens identified by the program to relevant arrest-rate data, and identifying any indications of racial profiling. Statistical outliers will be subject to an in-depth analysis. This analysis will take place four times per year to ensure consistent monitoring, and the assessments will be shared quarterly with the Department of Justice. Statistical outliers in local jurisdictions will be subject to an in-depth analysis and DHS and ICE will take appropriate steps to resolve any issues.

·                             To prevent and address possible abuses of Secure Communities, ICE and CRCL are working together to develop a new training program for state and local law enforcement agencies in jurisdictions where Secure Communities is activated. These training materials are designed to reduce confusion regarding Secure Communities and help ensure that the program is not misused.

·                             ICE has revised the detainer from ICE submits to local jurisdictions to emphasize the longstanding guidance that state and local authorities are not to detain an individual for more than 48 hours. The form also requires local law enforcement to provide arrestees with a copy, which has a number to call if they believe their civil rights have been violated.

·                             DHS and ICE take allegations of racial profiling and other complaints relating to civil rights and civil liberties violations very seriously. Formal allegations are referred to CRCL, which is tasked with guarding against violations in DHS programs. CRCL notifies the Department of Justice, which has jurisdiction to investigate violations of civil rights by state and local officers of all investigations undertaken. ICE fully supports all Department of Justice or CRCL investigations, including by taking action to ensure witnesses and complainants are able to remain in the United States.

Temporary Grant Extension for H-2A Sheepherders

U.S. Citizenship and Immigration Services (USCIS) announced March 20, 2012, that it extended an accommodation for H-2A workers in the sheepherding industry to transition to the three-year limitation of stay requirements. USCIS will require H-2A sheepherders who have reached their maximum three-year period of stay to depart the United States by Aug. 16, 2012, and remain outside the country for at least three months before petitioning for H-2A classification again.

The H-2A program allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs. H-2A nonimmigrant workers are subject to a three-month departure requirement once they have been in the United States in H-2A status for a maximum three-year period.

USCIS announced its limitation of stay requirements under a final rule that became effective on Jan. 17, 2009. The agency granted an accommodation for H-2A sheepherders in December 2009 in deference to prior practice exempting them from the three-year limitation.

Some petitioners may have had a Form I-129, Petition for a Nonimmigrant Worker, denied solely on the basis that the H-2A sheepherder had exceeded the three-year limitation of stay. Affected petitioners may request that USCIS reopen these cases on a Service Motion by sending an email to: csc-ncsc-followup@dhs.gov. (Include ‘H-2A Sheepherder Service Motion Request’ in the subject line.)

USCIS will only review denials for which it has received a written request. Such requests will be accepted through April 20, 2012. No fee is required. If a petition was previously denied on other grounds in addition to limitation of stay issues, USCIS will not review the case through a written request.

USCIS may request additional evidence in any reopened case where a final decision cannot be made based solely on the evidence of record. This includes evidence to show the beneficiary is eligible to continue to perform the labor or services stated on the petition. If the petitioner fails to submit requested evidence, USCIS may deny the case.