USCIS Alert on Religious-Worker Concurrent Filing
Beginning November 8, 2010, USCIS will no longer accept any I-485 applications, as well as I-765 and I-131 applications, filed concurrently with or based on pending I-360 petitions from individuals seeking classification as special-immigrant religious workers.
Since June 11, 2009, USCIS has accepted concurrently filed petitions and applications as required by the injunction issued against USCIS by the Western District of Washington in Ruiz-Diaz v. United States (2008 U.S. Dist. LEXIS 97050), summarized at 14 Bender's Immigr. Bull. 369 (Mar. 15, 2009). On October 13, 2010, the U.S. Court of Appeals for the Ninth Circuit reversed and vacated the injunction. USCIS is now modifying its procedures to be consistent with the Ninth Circuit's decision.
Any properly filed Forms I-360, I-485, I-765, and I-131 from individuals seeking classification as special-immigrant religious workers submitted before November 8 will be processed under the guidelines established on August 5, 2009. Those guidelines may be found at 14 Bender's Immigr. Bull. 1101, 1116 (App. G) (Sept. 1, 2009). Other background information, including the courts' orders, is available on the USCIS website under "LAWS," then "Legal Settlement Notices," then "Ruiz-Diaz v. United States."
New ICE Website
Immigration and Customs Enforcement announced the launch of its newly redesigned website, ICE.gov, which allows users to bookmark and share articles from ICE.gov, follow ICE on Twitter, and view ICE-related videos on YouTube. It also features ICE's Online Detainee Locator System, a public, Internet-based tool, designed to assist family members, attorneys, and others in locating detained aliens in ICE custody. According to Luke McCormack, ICE's chief information officer, "We examined how visitors were coming to the site, what types of information they were most frequently looking for and how they interacted with the site. With that foundation, we developed a clean, modern interface that allows the public to find what they need in the simplest way possible."
Pro Bono Resource Center Opens
The Immigration Advocates Network announced the opening of its Pro Bono Resource Center, which provides resources, trainings, technical assistance, volunteer opportunities, and networking tools for pro bono attorneys representing low-income immigrants. It "will allow us to be more strategic about mobilizing pro bono attorneys to respond to increased immigration enforcement and other emerging issues in the field, particularly in areas where there is limited capacity among nonprofits to address these issues," said Matthew Burnett, IAN's Associate Director.
Report on H-2B abuse and fraud
The Government Accountability Office has released a report to Congressman George Miller, Chairman of the House Committee on Education and Labor, on alleged fraud and abuse against H-2B workers. The report, GAO-10-1053, is available from www.gao.gov.
Podcast on I-9 Issues
Ann Allott has a new podcast on I-9s and electronic verification systems. It is available on the Emerging Issues Law Community. Ms. Allott is the lead author of Matthew Bender's book called Immigration Enforcement: I-9 Compliance Handbook.
[This is an excerpt from the November 15, 2010, issue of Bender's Immigration Bulletin.]